Legislation introduces strong new protections against counterfeiting
March 5, 2013
The Combating Counterfeit Products Act, which was introduced March 1, 2013, aims to reduce trade in counterfeit goods sold to Canadian consumers and businesses by providing new enforcement tools. Specifically, this Bill will: give Canada Border Services Agency (CBSA) officers the authority to detain suspected commercial shipments and contact the rights holders; allow Canadian businesses to file a request for assistance, with the Canada Border Services Agency (CBSA), in turn, enabling border officers to share information with rights holders regarding suspect shipments; provide new criminal offences for the commercial possession, manufacture or trafficking of counterfeit trademark goods; provide legitimate owners with new tools to protect their rights and take civil action against infringers; create new offences for trademark counterfeiting; and provide better tools to investigate commercial counterfeiting. It will also allow Canadian businesses to file a request for assistance with the CBSA, in turn, enabling border officers to share information with them regarding suspect shipments. The value of counterfeit goods seized by the Royal Canadian Mounted Police surpassed $38 million in 2012, a five-fold increase since 2005. As Canada continues to negotiate new trade agreements and expand trade links to new markets around the world, it is imperative that Canadians have an effective regime to protect against counterfeit goods coming into Canada.