GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 51.05
Provision of information by customs officer 51.05 A customs officer who is detaining goods under section 101 of the Customs Act may, in the officer’s discretion, to obtain information about whether the importation or exportation of the goods is prohibited under section 51.03, provide the owner of a relevant protected mark with a sample of the goods and with any information about the goods that the customs officer reasonably believes does not directly or indirectly identify any person. 2014, c. 32, s. 43; 2017, c. 6, s. 78
Trademarks Act — T-13 51.06
Provision of information to pursue remedy 51.06 (1) A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the goods is prohibited under section 51.03 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to a relevant protected mark filed by its owner, provide that owner with a sample of the goods and with information about the goods that could assist them in pursuing a remedy under this Act, such as (a) a description of the goods and their characteristics; (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement; (c) their quantity; (d) the countries in which they were made and through which they passed in transit; and (e) the day on which they were imported, if applicable. Detention (2) Subject to subsection (3), the customs officer shall not detain, for the purpose of enforcing section 51.03, the goods for more than 10 working days — or, if the goods are perishable, for more than five days — after the day on which the customs officer first sends or makes available a sample or information to the owner under subsection (1). At the request of the owner made while the goods are detained for the purpose of enforcing section 51.03, the customs officer may, having regard to the circumstances, detain non-perishable goods for one additional period of not more than 10 working days. Notice of proceedings (3) If, before the goods are no longer detained for the purpose of enforcing of section 51.03, the owner of a relevant protected mark has provided the Minister, in the manner specified by the Minister, with a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained goods, the customs officer shall continue to detain them until the Minister is informed in writing that (a) the proceedings are finally disposed of, settled or abandoned; (b) a court directs that the goods are no longer to be detained for the purpose of the proceedings; or (c) the owner of the mark consents to the goods no longer being so detained. Continued detention (4) The occurrence of any of the events referred to in paragraphs (3)(a) to (c) does not preclude a customs officer from continuing to detain the goods under the Customs Act for a purpose other than with respect to the proceedings. 2014, c. 32, s. 43; 2017, c. 6, ss. 73(F), 78, 79(E) 2020, c. 1, s. 110
Trademarks Act — T-13 51.07
Restriction on information use — section 51.05 51.07 (1) A person who receives a sample or information that is provided under section 51.05 shall not use the information, or information that is derived from the sample, for any purpose other than to give information to the customs officer about whether the importation or exportation of the goods is prohibited under section 51.03. Restriction on information use — subsection 51.06(1) (2) A person who receives a sample or information that is provided under subsection 51.06(1) shall not use the information, or information that is derived from the sample, for any purpose other than to pursue remedies under this Act. For greater certainty (3) For greater certainty, subsection (2) does not prevent the confidential communication of information about the goods for the purpose of reaching an out-of-court settlement. 2014, c. 32, s. 43
Trademarks Act — T-13 51.08
Inspection 51.08 After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained goods and the owner of the relevant protected mark an opportunity to inspect the goods. 2014, c. 32, s. 43; 2017, c. 6, s. 78
Trademarks Act — T-13 51.1
No liability 51.1 Neither Her Majesty nor a customs officer is liable for any loss or damage suffered in relation to the enforcement or application of sections 51.03 to 51.06 and 51.08 because of (a) the detention of goods, except if the detention contravenes subsection 51.06(2); (b) the failure to detain goods; or (c) the release or cessation of detention of any detained goods, except if the release or cessation contravenes subsection 51.06(3). 2014, c. 32, s. 43
Trademarks Act — T-13 51.11
Application to court 51.11 (1) In the course of proceedings referred to in subsection 51.06(3), the court may, on the application of the Minister or a party to the proceedings, (a) impose conditions on the storage or detention of the goods that are the subject of the proceedings; or (b) direct that the goods are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court. Minister’s consent (2) If a party applies to have the detained goods stored in a place other than a bonded warehouse or a sufferance warehouse, as those terms are defined in subsection 2(1) of the Customs Act , the Minister must consent to the storage of the goods in that place before a condition to that effect is imposed under subsection (1). Customs Act (3) The court may impose a condition described in subsection (2) despite section 31 of the Customs Act . Continued detention (4) A direction under paragraph (1)(b) that the goods are no longer to be detained for the purpose of the proceedings does not preclude a customs officer from continuing to detain the goods under the Customs Act for another purpose. Security (5) In the course of proceedings referred to in subsection 51.06(3), the court may, on the application of the Minister or a party to the proceedings, require the owner of the relevant protected mark to furnish security, in an amount fixed by the court, (a) to cover duties, as defined in subsection 2(1) of the Customs Act , storage and handling charges, and any other amount that may become chargeable against the goods; and (b) to answer any damages that may by reason of the detention be sustained by the owner, importer, exporter or consignee of the goods. 2014, c. 32, s. 43; 2017, c. 6, s. 78
Trademarks Act — T-13 51.12
Damages against trademark owner 51.12 A court may award damages against the owner of a relevant protected mark who commenced proceedings referred to in subsection 51.06(3) to the owner, importer, exporter or consignee of the goods who is a party to the proceedings for losses, costs or prejudice suffered as a result of the detention of goods if the proceedings are dismissed or discontinued. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 78
Trademarks Act — T-13 51.13
Privileged communication 51.13 (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding: (a) it is between a trademark agent and their client; (b) it is intended to be confidential; and (c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of a trademark, geographical indication or mark referred to in paragraph 9(1)(e), (i), (i.1), (i.3), (n) or (n.1). Waiver (2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege. Exceptions (3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c). Trademark agents — country other than Canada (4) A communication between an individual who is authorized to act as the equivalent of a trademark agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between a trademark agent and their client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c). Individual acting on behalf of trademark agent or client (5) For the purposes of this section, a trademark agent or an individual who is authorized to act as the equivalent of a trademark agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf. Application (6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day. Definition of trademark agent (7) In this section, trademark agent has the same meaning as in section 2 of the College of Patent Agents and Trademark Agents Act . 2015, c. 36, s. 66 2014, c. 20, s. 361(E) 2014, c. 20, s. 366(E) 2018, c. 27, s. 257
Trademarks Act — T-13 52
Definitions 52 In sections 53 to 53.3, court means the Federal Court or the superior court of a province; ( tribunal ) duties has the same meaning as in the Customs Act ; ( droits ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) release [Repealed, 2014, c. 32, s. 44] R.S., 1985, c. T-13, s. 52; 1993, c. 44, s. 234; 2005, c. 38, ss. 142, 145; 2014, c. 32, s. 44
Trademarks Act — T-13
court means the Federal Court or the superior court of a province; ( tribunal )
Trademarks Act — T-13
duties has the same meaning as in the Customs Act ; ( droits )
Trademarks Act — T-13 53
Proceedings for interim custody 53 (1) Where a court is satisfied, on application of any interested person, that any registered trademark, any trademark that is confusing with a registered trademark or any trade name has been applied to any goods that have been imported into Canada or are about to be distributed in Canada in such a manner that the distribution of the goods would be contrary to this Act, or that any indication of a place of origin has been unlawfully applied to any goods, the court may make an order for the interim custody of the goods, pending a final determination of the legality of their importation or distribution in an action commenced within such time as is prescribed by the order. Security (2) Before making an order under subsection (1), the court may require the applicant to furnish security, in an amount fixed by the court, to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the goods and for any amount that may become chargeable against the goods while they remain in custody under the order. Lien for charges (3) Where, by the judgment in any action under this section finally determining the legality of the importation or distribution of the goods, their importation or distribution is forbidden, either absolutely or on condition, any lien for charges against them that arose prior to the date of an order made under this section has effect only so far as may be consistent with the due execution of the judgment. Prohibition of imports (4) Where in any action under this section the court finds that the importation is or the distribution would be contrary to this Act, it may make an order prohibiting the future importation of goods to which the trademark, trade name or indication of origin has been applied. How application made (5) An application referred to in subsection (1) may be made in an action or otherwise, and either on notice or ex parte . Limitation (6) No proceedings may be taken under subsection (1) for the interim custody of goods by the Minister if proceedings for the detention of the goods by the Minister may be taken under section 53.1. R.S., 1985, c. T-13, s. 53; 1993, c. 44, s. 234; 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 53; 2018, c. 23, s. 17
Trademarks Act — T-13 53.1
Proceedings for detention by Minister 53.1 (1) Where a court is satisfied, on application by the owner of a registered trademark, that any goods to which the registered trademark or a trademark that is confusing with the registered trademark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, and that the distribution of the goods in Canada would be contrary to this Act, the court may make an order (a) directing the Minister to take reasonable measures, on the basis of information reasonably required by the Minister and provided by the applicant, to detain the goods; (b) directing the Minister to notify the applicant and the owner or importer of the goods, forthwith after detaining them, of the detention and the reasons therefor; and (c) providing for such other matters as the court considers appropriate. How application made (2) An application referred to in subsection (1) may be made in an action or otherwise, and either on notice or ex parte , except that it must always be made on notice to the Minister. Court may require security (3) Before making an order under subsection (1), the court may require the applicant to furnish security, in an amount fixed by the court, (a) to cover duties, storage and handling charges, and any other amount that may become chargeable against the goods; and (b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the goods. Application for directions (4) The Minister may apply to the court for directions in implementing an order made under subsection (1). Minister may allow inspection (5) The Minister may give the applicant or the importer of the detained goods an opportunity to inspect them for the purpose of substantiating or refuting, as the case may be, the applicant’s claim. Where applicant fails to commence an action (6) Unless an order made under subsection (1) provides otherwise, the Minister shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release the goods without further notice to the applicant if, two weeks after the applicant has been notified under paragraph (1)(b), the Minister has not been notified that an action has been commenced for a final determination by the court of the legality of the importation or distribution of the goods. Where court finds in plaintiff’s favour (7) Where, in an action commenced under this section, the court finds that the importation is or the distribution would be contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order that the goods be destroyed or exported, or that they be delivered up to the plaintiff as the plaintiff’s property absolutely. 1993, c. 44, s. 234; 2014, c. 20, s. 361(E), c. 32, s. 53; 2018, c. 23, s. 18
Trademarks Act — T-13 53.2
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. Exception (1.1) If, within a period of three years beginning on the date of registration of a trademark, the owner of the registered trademark makes an application claiming that an act has been done contrary to section 19, 20 or 22, the owner is not entitled to relief unless the trademark was in use in Canada at any time during that period or special circumstances exist that excuse the absence of use in Canada during that period. 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. 1993, c. 44, s. 234; 2014, c. 32, s. 45 2018, c. 27, s. 225
Trademarks Act — T-13 53.3
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 trademark or except in exceptional circumstances, if the court finds that (a) goods bearing the registered trademark 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 trademark has, without the consent of the owner, been applied to those goods with the intent of counterfeiting or imitating the trademark, or of deceiving the public and inducing them to believe that the goods were made with the consent of the owner. Removal of trademark (2) Subsection (1) also applies with respect to goods for which the only alteration is the removal of the trademark. 1993, c. 44, s. 234; 2014, c. 20, s. 361(E), c. 32, s. 45
Trademarks Act — T-13 54
Evidence 54 (1) Evidence of any document in the official custody of the Registrar or of any extract therefrom may be given by the production of a copy thereof purporting to be certified to be true by the Registrar. Idem (2) A copy of any entry in the register purporting to be certified to be true by the Registrar is evidence of the facts set out therein. Idem (3) A copy of the record of the registration of a trademark purporting to be certified to be true by the Registrar is evidence of the facts set out therein and that the person named therein as owner is the registered owner of the trademark for the purposes and within the territorial area therein defined. Idem (4) A copy of any entry made or documents filed under the authority of any Act in force before July 1, 1954 relating to trademarks, certified under the authority of that Act, is admissible in evidence and has the same probative force as a copy certified by the Registrar under this Act as provided in this section. R.S., 1985, c. T-13, s. 54 2014, c. 20, s. 361(E)
Trademarks Act — T-13 55
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. R.S., 1985, c. T-13, s. 55; 2014, c. 32, s. 46
Trademarks Act — T-13 56
Appeal 56 (1) An appeal lies to the Federal Court from any decision of the Registrar under this Act within two months from the date on which notice of the decision was dispatched by the Registrar or within such further time as the Court may allow, either before or after the expiration of the two months. Procedure (2) An appeal under subsection (1) shall be made by way of notice of appeal filed with the Registrar and in the Federal Court. Notice to owner (3) The appellant shall, within the time limited or allowed by subsection (1), send a copy of the notice by registered mail to the registered owner of any trademark that has been referred to by the Registrar in the decision complained of and to every other person who was entitled to notice of the decision. Public notice (4) The Federal Court may direct that public notice of the hearing of an appeal under subsection (1) and of the matters at issue therein be given in such manner as it deems proper. Additional evidence (5) If, on an appeal under subsection (1), the Federal Court grants leave to adduce evidence in addition to that adduced before the Registrar, the Court may exercise, with respect to that additional evidence, any discretion vested in the Registrar. R.S., 1985, c. T-13, s. 56 2014, c. 20, s. 361(E) 2018, c. 27, s. 226
Trademarks Act — T-13 57
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 trademark. Restriction (2) No person is entitled to institute under this section any proceeding calling into question any decision given by the Registrar of which that person had express notice and from which he had a right to appeal. R.S., 1985, c. T-13, s. 57 2014, c. 20, s. 354
Trademarks Act — T-13 58
How proceedings instituted 58 An application under section 57 shall be made either by the filing of an originating notice of motion, by counter-claim in an action for the infringement of the trademark, or by statement of claim in an action claiming additional relief under this Act. R.S., 1985, c. T-13, s. 58 2014, c. 20, s. 361(E)
Trademarks Act — T-13 59
Notice to set out grounds 59 (1) Where an appeal is taken under section 56 by the filing of a notice of appeal, or an application is made under section 57 by the filing of an originating notice of motion, the notice shall set out full particulars of the grounds on which relief is sought. Reply (2) Any person on whom a copy of the notice described in subsection (1) has been served and who intends to contest the appeal or application, as the case may be, shall file and serve within the prescribed time or such further time as the court may allow a reply setting out full particulars of the grounds on which he relies. Hearing (3) The proceedings on an appeal or application shall be heard and determined summarily on evidence adduced by affidavit unless the court otherwise directs, in which event it may order that any procedure permitted by its rules and practice be made available to the parties, including the introduction of oral evidence generally or in respect of one or more issues specified in the order. R.S., c. T-10, s. 59
Trademarks Act — T-13 60
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. R.S., 1985, c. T-13, s. 60; 1993, c. 44, s. 238 2014, c. 32, s. 48
Trademarks Act — T-13 61
Judgments 61 (1) An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trademark on the register or to any protected geographical indication. Judgment sent by parties (2) A person who makes a request to the Registrar relating to a judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in a proceeding to which they were a party shall, at the request of the Registrar, send a copy of that judgment or order to the Registrar. R.S., 1985, c. T-13, s. 61; 2002, c. 8, s. 177; 2014, c. 20, ss. 355, 361(E); 2017, c. 6, s. 74