États-Unis d'Amérique

Canada

Moyens de faire respecter les DPI

Procédures pénales

36. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. IP/N/6/CAN/1 contains information regarding criminal penalties in connection with copyrights but does not discuss trademark counterfeiting. Please explain the provisions in the law of Canada that provide criminal remedies for trademark counterfeiting, describe the circumstances in which those remedies would be imposed and provide legal citations.

Section 406 of the Criminal Code provides as follows: "For the purposes of this Part, every one forges a trademark who (a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or (b) falsifies, in any manner, a genuine trademark." Section 407 states that: "Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark." This section creates the offence of forging a trademark. That offence is committed where the acts described in Section 406 are done with the intention to deceive or defraud any person or the public. Other related offences are contained in sections 407 to 411. Section 412 provides that that offence may be prosecuted by indictment, with a maximum punishment of imprisonment for two years, or by summary conviction. Anything by means of or in relation to which any of these offences is committed is forfeited upon conviction, unless the court orders otherwise.