The Combating Counterfeit Products Act (Bill C-8) was passed into law on December 9, 2014. The Canada Border Services Agency (CBSA) will work with businesses and rights holders to identify counterfeit goods at the border and will have the power to search for and detain these illegal goods, preventing them from entering the Canadian marketplace.
“Counterfeit, pirated or knock-off goods threaten the integrity of Canadian brands and undermine the hard work of successful Canadian businesses. With the passage of this bill, Canada now has an effective way to stop the flow of these illegal and dangerous goods through our borders and into the marketplace. These goods are not only damaging for businesses but also dangerous for the health and well-being of all Canadians who rely on using safe, good-quality products. With this new law, the Harper Government is standing up and protecting Canadian consumers,” said James Moore, Industry Minister.
EDITOR’S NOTE: In HPAC December 2014 (print edition) it states that the Act became law on October 2, 2014. In fact, that was the date it received a third reading by the Standing Committee on Industry, Science and Technology and was passed by the House of Commons with all party support.
Quick facts
>> The Combating Counterfeit Products Act creates a system for rights holders to submit a “request for assistance” to the Canada Border Services Agency, which allows for the sharing of information and better cooperation to stop counterfeit and pirated goods at the border-before they reach the Canadian market.
>> Trademark owners will be able to seek civil damages for the manufacture of, distribution of and possession with intent to sell counterfeit goods.
>> The law also amends the Criminal Code to make selling, distributing, possessing, importing or exporting counterfeit goods for the purpose of trade subject to fines and possible jail time.
>> It will be illegal to make, import, export or possess counterfeit labels. This is a tactic used by some counterfeiters to import acceptable generic goods and then apply counterfeit trademarks separately once in Canada.
>> The law targets commercial criminals, not individual travellers, and includes a specific exception for individuals who are travelling across the border with counterfeit goods intended for personal use.
