Estados Unidos de América

Canadá

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

13. Article 45.2 requires that judges and administrative officials be authorized to order payment of a right holder's expenses, including legal fees. In IP/N/6/CAN/1, Canada states that attorney’s fees are not normally included in an award of costs and that, when they are awarded, the amount is based upon the days in court only. Please describe the circumstances under which such an order will be given, the factors considered in establishing the expenses.

Rule 344 of the Federal Court Rules provides as follows: "(1) The Courts shall have full discretionary power over payment of the costs of all parties involved in any proceeding, the amount and allocation of those costs and determining the persons by whom they are to be paid. ( … ) (3) In exercising its discretionary power pursuant to Subsection (1) the Court may consider (a) the result of the proceeding; (b) the amounts claimed and the amounts recovered; (c) the importance of the issues; (d) the apportionment of liability; … (f) any payment of money into Court . . . and the amount of that payment; (g) any offer of settlement in writing; (h) any offer of contribution …; (i) the volume of work; (j) the complexity of the issues; (k) the conduct of any party that tended to shorten or to lengthen unnecessarily the duration of the proceedings; (l) the denial of or the neglect or refusal of any party to admit anything that should have been admitted; (m) whether any stage in the proceedings was, (i) improper, vexatious, or unnecessary, or (ii) taken through negligence, mistake or excessive caution; (n) whether or not two or more parties should be allowed more that one set of costs, where they defended the proceedings by different counsel or where, although they defended the proceeding by the same counsel, they separated their defence unnecessarily; (o) whether two or more parties, represented by the same counsel, initiated separate proceedings unnecessarily; and (p) any other matter relevant to the question of costs."