Special Import Measures Act

Marginal note:Goods deemed to be like goods

18 Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act, that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the President,

• (a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of section 15; and

• (b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor.