États-Unis d'Amérique

Canada

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

31. Article 56 requires that the authorities be able to require the applicant to compensate the defending party for any injury caused if the detention of goods was unfounded. Please describe the manner in which such compensation can be ordered by the appropriate authorities and the factors considered in deciding on the amount of compensation.

Under Subsection 53.1(3) of the Trade-marks Act and Section 44.1 of the Copyright Act, the court may require security from the plaintiff. In addition, within the context of an action contemplated under Section 53.1 or Section 44.1, or in connection with an action against the individual responsible for the wrongful detention of the goods for copyright infringement, the court may order compensation by way of damages. Factors relative to the quantum of such damages might include any loss in value of the goods between the time of their detention and release, or the conduct of the plaintiff.