États-Unis d'Amérique
Canada
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
15. Article 47 provides that WTO Members may authorize judges and administrative officials to order infringers to identify for right holders third parties involved in the production and distribution of infringing goods or services and their channels of distribution. In IP/N/6/CAN/1, Canada states that there is no specific authority for such a remedy. Under the broad inherent discretion granted judges are they able to order that such information be provided right holders in order to enable the latter to enforce their rights? If so, please describe what factors would be considered in determining whether to order such a remedy.
Such a remedy might be ordered if necessary for the administration of justice. It would depend on the facts of the individual case. (It is noted that the requirement in Article 47 of the TRIPS Agreement is permissive not mandatory).