États-Unis d'Amérique

Canada

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

30. Article 55 provides that a review of the suspension measures is to take place within a reasonable time at the request of the defending party to determine if the suspension measures should be modified, revoked or confirmed pending the outcome of the proceeding on the merits. Please identify the forum that is authorized to conduct such a review and describe the procedure. Please cite the law or regulations providing for these procedures.

Under Subsection 53.1(6) of the Trade-marks Act and section 44.1 of the Copyright Act, suspension measures ordinarily become null and void after two weeks, unless an action to determine the legality of the importation has been commenced and the Minister of National Revenue has been so notified. In addition, where appropriate, a party affected by the suspension measure could apply to the court to have it vacated or varied, upon motion with notice to the other party.