Canada’s new Combating
Counterfeit Products Act officially took effect on January 1, 2015. As part
of the ongoing overhaul of Canada’s much neglected intellectual property
regime, this new tool for content and brand proprietors in the fight against
would-be counterfeiters should be viewed as a positive and welcome development.
At the heart of the new laws is a beefed up effort to
control counterfeiting at the border. Going forward, border officials will be
authorized (previously they weren’t) to voluntarily seize and detain suspected
counterfeit goods without fear of repercussion. Simultaneously, the owners of
Canadian copyright and trademark registrations will be able, under a “Request
for Assistance” procedure, to direct the efforts of border officials by
supplying them with advance information related to suspected counterfeiting of
their goods.
Expanded definitions of copyright and trademark infringement
will also give owners a wider array of options for enforcing their rights
against others. Most significantly, in addition to the unauthorized sale,
distribution or advertisement of goods or services protected by a registered
trade-mark, it will also now be an infringement to manufacture, possess,
import, or export protected goods for the purpose of sale or distribution. The
same will hold true in certain circumstances for those activities undertaken
with respect to labels and packaging for protected goods (as opposed to the
goods themselves).
A final important change introduced by the Combating Counterfeit Products Act is
the creation of new criminal offences of copyright and trademark infringement.
These new criminal offences will cover acts of copyright and trademark
infringement undertaken “knowingly” by a person – in other words, deliberately.
The punishment for serious cases of criminal infringement will include a fine
of up to $1 million and/or a 5 year jail sentence. Less serious offenses will
carry a $25,000 fine and/or up to 6 months in prison.
If utilized effectively by brand and content owners, these
new laws are sure to make a difference in the ongoing fight against
counterfeiting.