Lonnie E. Shipe, M.A. | Press Release:
Combating Counterfeit Products Act (Bill C-8)
Counterfeit and pirated goods are a growing threat to the
Canadian and global economy. They undermine innovation, diminish brand
integrity and threaten economic growth as well as the health and safety of
Canadians.
Under this new law, the Canada Border Services Agency (CBSA)
will be able to take action to prevent illegal counterfeit goods from entering
Canada's economy.
CBSA will be able to 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.
This law will protect Canadian consumers, manufacturers and
retailers, as well as the Canadian economy, from the health and economic
threats presented by counterfeit goods coming into Canada.
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 now 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.
Additionally, 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.
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