35. Article 61 of the TRIPS Agreement requires that Members have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. In IP/N/6/CAN/1, Canada describes the criminal provisions of its intellectual property laws, including those that apply to copyrights, but criminal provisions in connection with trademark counterfeiting are not discussed. Please describe the provisions in the law of Canada that provide for criminal action in connection with trademark counterfeiting.
