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Canada Introduces New Border Remedies to Address Importation of Counterfeit Products

(John W. Boscariol and Robert A Glasgow – McCarthy Tétrault LLP)

In 2005, the retail value of counterfeit goods seized by the RCMP was $7.6 million. By 2012, this number had climbed to $38 million. Last year, the Canadian government passed theCombating Counterfeit Products Act (CCPA) to better address this increasingly prevalent issue. The CCPA included certain amendments to the Copyright Act, the Trade-marks Actand the Customs Act to provide the Canada Border Services Agency (CBSA) and rights holders with new tools to help stem the flow of counterfeit goods into or out of Canada. These measures came into force on January 1, 2015.

The CCPA creates a new class of goods of which importation or exportation is prohibited: counterfeit goods. These are defined as goods in which copyright subsists but which are made without the consent of the owner of the copyright in the country where they were made or which infringe copyright or would infringe copyright if they had been made in Canada by the person who made them. Similarly, the CCPA prohibits the import or export of goods which bear a label or packaging containing a trade-mark identical to or indistinguishable in its essential aspects from a registered trade-mark without the trade-mark owner’s consent. Click here to read more.