Marginal note:Preservation of informal arrangements
30.3 Nothing in this Part shall be construed so as to abrogate or derogate from any arrangement or agreement, other than an agreement under this Part, in respect of cooperation between the Commissioner and a foreign authority.
- 2002, c. 16, s. 3.
PART IVSPECIAL REMEDIES
Marginal note:Reduction or removal of customs duties
31. Whenever, as a result of an inquiry under this Act, a judgment of a court or a decision of the Tribunal, it appears to the satisfaction of the Governor in Council that
(a) competition in respect of any article has been prevented or lessened substantially, and
(b) the prevention or lessening of competition is facilitated by customs duties imposed on the article, or on any like article, or can be reduced by a removal or reduction of customs duties so imposed,
the Governor in Council may, by order, remove or reduce any such customs duties.
- R.S., 1985, c. C-34, s. 31;
- R.S., 1985, c. 19 (2nd Supp.), s. 27;
- 1999, c. 31, s. 48(F).
Marginal note:Powers of Federal Court where certain rights used to restrain trade
32. (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more trade-marks, by a copyright or by a registered integrated circuit topography, so as to
(a) limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article or commodity that may be a subject of trade or commerce,
(b) restrain or injure, unduly, trade or commerce in relation to any such article or commodity,
(c) prevent, limit or lessen, unduly, the manufacture or production of any such article or commodity or unreasonably enhance the price thereof, or
(d) prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity,
the Federal Court may make one or more of the orders referred to in subsection (2) in the circumstances described in that subsection.
(2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, trade-marks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:
(a) declaring void, in whole or in part, any agreement, arrangement or licence relating to that use;
(b) restraining any person from carrying out or exercising any or all of the terms or provisions of the agreement, arrangement or licence;
(c) directing the grant of licences under any such patent, copyright or registered integrated circuit topography to such persons and on such terms and conditions as the court may deem proper or, if the grant and other remedies under this section would appear insufficient to prevent that use, revoking the patent;
(d) directing that the registration of a trade-mark in the register of trade-marks or the registration of an integrated circuit topography in the register of topographies be expunged or amended; and
(e) directing that such other acts be done or omitted as the Court may deem necessary to prevent any such use.
Marginal note:Treaties, etc.
(3) No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement with any other country respecting patents, trade-marks, copyrights or integrated circuit topographies to which Canada is a party.
- R.S., 1985, c. C-34, s. 32;
- R.S., 1985, c. 10 (4th Supp.), s. 18;
- 1990, c. 37, s. 29;
- 2002, c. 16, s. 4(F).
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