The Counterfeiting and Trade Offences Committee of the CBA’s Intellectual Property Section focuses on areas of concern in relation to counterfeiting, trade offences and the Competition Act, as these issues impact on intellectual property law.
The Combating Counterfeit Products Ac came into full force on Jan. 1, 2015. Among other changes, the CCPA introduced new border control provisions which allow Canadian customs officials to detain suspected counterfeit or pirated products, and to exchange information with rights holders to confirm the counterfeit nature of the products. Such detainment is made available to Canadian rights holders through a “request for assistance” program which involves the registration of Canadian registered trademarks or copyrighted works with the Canadian Border Services Agency.
Although the border provisions in the CCPA are potentially a useful tool for rights holders to reduce the flow of counterfeit or pirated works into Canada, there is more work to be done. Since the CCPA came into effect, members of the Counterfeiting and Trade Offences Committee have monitored the effectiveness of the border provisions and engaged stakeholders regarding use of these provisions to combat the flow of counterfeit products into Canada. Overall, members of the Committee are unified in their belief that the system can be improved.
Our Committee remains committed to educating stakeholders, the public, and politicians about the scope of the problem of counterfeit products coming into Canada, and the steps that may be taken to reduce counterfeit products from entering our domestic market.
Over the coming year, the Counterfeiting and Trade Offences Committee will continue raising awareness of this issue by actively engaging with its counterparts in other intellectual property organizations and by seeking out opportunities to meet with lawmakers and regulatory officials who are interested in combating counterfeit products. The Committee also plans to initiate new education efforts, including a social media campaign, to increase awareness about the problem of counterfeit products in Canada and share strategies for effectively addressing this problem.
On Sept. 13, the CBSA issued Customs Notice 17-27, informing interested parties that the CBSA Border Watch Line now accepts information on counterfeit or pirated goods destined for Canada that represent a health, safety or security threat. While dangerous counterfeit goods are certainly deserving of attention, the Committee maintains that all counterfeit or pirated goods have a negative impact on Canada’s economy and should also be reportable to the CBSA when information about shipments containing such goods becomes known to a member of the public.
If you are interested in participating on the Counterfeiting and Trade Offences Committee of the CBA’s Intellectual Property section, please contact the Chair, Georgina Starkman Danzig, at gdanzig@ksllaw.com or 416-342-1108.
Charlene Lipchen is a lawyer with Field Law in Calgary