Marginal note:Power of court to grant relief

• 53.2 (1) If a court is satisfied, on application of any interested person, that any act has been done contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages and for the destruction or other disposition of any offending goods, packaging, labels and advertising material and of any equipment used to produce the goods, packaging, labels or advertising material.

• Marginal note:Notice to interested persons

  (2) Before making an order for destruction or other disposition, the court shall direct that notice be given to any person who has an interest or right in the item to be destroyed or otherwise disposed of, unless the court is of the opinion that the interests of justice do not require that notice be given.

Marginal note:Unaltered state  — exportation, sale or distribution

• 53.3 (1) A court is not permitted, in any proceeding under section 53.1 or 53.2, to make an order under that section requiring or permitting the goods to be exported, sold or distributed in an unaltered state, except in a manner that does not affect the legitimate interests of the owner of the registered trade-mark or except in exceptional circumstances, if the court finds that

  • (a) goods bearing the registered trade-mark have been imported into Canada in such a manner that the distribution of the goods in Canada would be contrary to this Act; and

  • (b) the registered trade-mark has, without the consent of the owner, been applied to those goods with the intent of counterfeiting or imitating the trade-mark, or of deceiving the public and inducing them to believe that the goods were made with the consent of the owner.

• Marginal note:Removal of trade-mark

  (2) Subsection (1) also applies with respect to goods for which the only alteration is the removal of the trade-mark.

Marginal note:Jurisdiction of Federal Court

55. The Federal Court has jurisdiction to entertain any action or proceeding, other than a proceeding under section 51.01, for the enforcement of any of the provisions of this Act or of any right or remedy conferred or defined by this Act.

Marginal note:Exclusive jurisdiction of Federal Court

• 57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the trade-mark.

Marginal note:Registrar to transmit documents

60. When any appeal or application has been made to the Federal Court under any of the provisions of this Act, the Registrar shall, at the request of any of the parties to the proceedings and on the payment of the prescribed fee, transmit to the Court all documents on file in the Registrar’s office relating to the matters in question in those proceedings, or copies of those documents certified by the Registrar.

Marginal note:Electronic form and means

• 64. (1) Subject to the regulations, any document, information or fee that is provided to the Registrar under this Act may be provided in any electronic form, and by any electronic means, that is specified by the Registrar.

• Marginal note:Collection, storage, etc.

  (2) Subject to the regulations, the Registrar may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information.

• Marginal note:Definition

  (3) In this section, “electronic”, in reference to a form or means, includes optical, magnetic and other similar forms or means.

TRANSITIONAL PROVISIONS

Marginal note:Disclosure of documents

69. The disclosure of documents  —  on which entries in the register to be kept under paragraph 26(1)(b), as it read immediately before the day on which subsection 27(1) of the Combating Counterfeit Products Act comes into force, are based  —  is subject to subsection 50(6), as it read on June 8, 1993.

Marginal note:Standard characters

70. Section 30.1 does not apply with respect to an application for registration whose filing date is before the day on which section 30 of the Combating Counterfeit Products Act comes into force.

Marginal note:Filing date

• 71. (1) Subsection 33(1), as enacted by section 32 of the Combating Counterfeit Products Act, does not apply to an application for registration with respect to which all of the items set out in that subsection 33(1) have been received by the Registrar before the day on which that section 32 comes into force.

• Marginal note:Trade-marks Regulations

  (2) Section 25 of the Trade-marks Regulations, as it read immediately before the day on which section 32 of Combating Counterfeit Products Act comes into force, continues to apply to an application for registration referred to in subsection (1) that does not have a filing date as of that day.

Marginal note:Priority

72. Section 34, as it read immediately before the day on which subsection 33(1) of the Combating Counterfeit Products Act comes into force, continues to apply with respect to an application for registration that has a filing date, established without taking section 34 into account, that is before that day.

• Trade-marks Act

  Loi sur les marques de commerce