Unión Europea
Derecho de autor y derechos conexos
12. Article 60 provides an exception to the application of the special border measures in the TRIPS Agreement when small amounts of goods are brought into Canada non-commercially in a traveller's personal luggage. Section 45(3) of the Copyright Act contains exceptions to the border enforcement measures. On what basis are the exceptions set out in Section 45(3) of the Copyright Act justified?
The TRIPS border enforcement measures apply with respect to pirated copyright and counterfeit trademark goods. The relevant section of the Copyright Act only applies in narrowly defined circumstances and with respect to the importation of copies which were legitimately made in the country of manufacture, notwithstanding any rights under the Canadian Copyright Act.