États-Unis d'Amérique

Canada

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

28. Article 53.2 provides that the owner, importer, or consignee of goods involving industrial designs, patents, layout designs or undisclosed information that have been suspended by customs authorities should be able, in certain circumstances, to have such goods released on payment of security sufficient to protect the right holder from infringement. Please identify what forms of intellectual property, if any, are subject to provisions of Article 53.2 and cite to the relevant provisions of law or regulations.

The authority of the courts to order the release of the detained goods, upon the condition described in the question, would fall within Section 53.1 of the Trade-marks Act, Section 44.1 of the Copyright Act, and Section 14 of the Integrated Circuit Topography Act, as the case may be. We are not aware of any cases where the courts have addressed this issue in reasons for judgement.