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ARTICLE · 01 NOVEMBER 2011

Canada Strengthening Its IP Regime

As with previous years, Canada has been placed on the U.S. 2011 Priority Watch List of countries for which there are concerns regarding the protection and enforcement of intellectual property rights.

CanadaIntellectual Property

As with previous years, Canada has been placed on the U.S. 2011 Priority Watch List of countries for which there are concerns regarding the protection and enforcement of intellectual property rights1. Canada has been perceived by the U.S. government as being weak on IP enforcement, particularly regarding anti-piracy and anti-counterfeiting measures. However, a number of developments over the past year demonstrate that Canada is challenging these perceptions and that its continued presence on the Priority Watch List should become a thing of the past."

Anti-Counterfeiting and Anti-Piracy

In an anti-counterfeiting decision released by the Federal Court of Canada on June 27, 2011, the plaintiffs (Louis Vuitton and Burberry) were awarded damages totalling almost CAD$2.5 Million. This is believed to be the largest damages award in a Canadian anti-counterfeiting case.2 Notably, in its decision, the Court acknowledged the "...egregious and outrageous nature of activities

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