The Combating Counterfeit Products Act came into force on January 1, 2015. In addition to expanding the definition of trademark infringement to include the manufacture, possession, import and export of protected goods for the purpose of sale or distribution, the Act creates new criminal offences of copyright and trademark infringement. Penalties for knowingly infringing on copyright or trademark rights may lead to a fine of up to $1,000,000 and/or a jail sentence of up to 5 years.
The Act also creates a new procedure whereby owners of Canadian trademark registrations and copyright may file a “Request for Assistance” with Canadian Border Services, in turn enabling border officials to seize or detain goods that are suspected of being counterfeit or pirated. Border officials will have the power to detain goods for 5 days (in the case of perishable goods), and 10 working days (for non-perishable goods). Moreover, they will be able to disclose information to IP owners which will assist in enforcement proceedings.
The Request for Assistance procedure is outlined on the Canada Border Services Agency website (click here for more information). Below are the steps outlined by the CBSA to enroll and participate in the program:
It is important to note that by filing a Request for Assistance, brand or copyright owners may become liable to the Canadian government for any costs relating to storage, handling and destruction of detained goods. Costs are tallied from the day after the notice of detention is sent by the CBSA. Therefore, it is important to respond as soon as possible to any notices received from the CBSA in order to minimize such costs.
The RCMP will lead any criminal investigations related to large-scale (commercial) counterfeiting and piracy.
For further information, please contact Paula Clancy.
The WTR 1000 is a publication that shines a spotlight on the firms and individuals that are deemed outstanding in the practice of trademark law, and identifies the leading players in 70 key jurisdictions globally. Firms and individuals are selected over a four-month period of intense research and interviews with lawyers and their clients. We are delighted to announce that our firm, Clancy PC + Brion Raffoul, has been selected as one of the leading trademark firms in Canada. Paula Clancy has (for the fifth consecutive year) also been recognized as a leading practitioner. To view the rankings, please click here.