Trademarks: Specification by Reference to Trade-Marks in Government Procurement

摘要

A recent decision of the Federal Court of Appeal considered when it is permissible for a procurement tender for the supply of products to the Canadian Federal Government to specify the products by brand name. In Canada (Attorney General) v. Enterasys Networks of Canada,1 the Attorney General successfully applied to quash decisions of the Canadian International Trade Tribunal2 that upheld in part several complaints made under the Canadian International Trade Tribunal Act" by Enterasys Networks in respect of procurement requests by Public Works and Government Services Canada ("PWGSC").