Canada : Combating Counterfeit Products Act

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 191/2

12 December 2014

Dear Sirs,

Canada enacted the Combating Counterfeit Products Act (the Act) on 9 December 2014 to combat counterfeiting by amending the Copyright Act and the Trade-marks Act to strengthen the enforcement of the rights they protect.  Under the 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 intellectual property rights holders to identify counterfeit goods at the border and will have the power to search for and detain such goods to prevent them from entering Canadian marketplace.  Relevant press release by Industry Canada is available at http://news.gc.ca/web/article-en.do?nid=913239.

2. Below are the key features of the Act:

• Creates a system for rights holders to submit a "request for assistance" to the CBSA, which allows for the sharing of information and better cooperation to stop counterfeit and pirated goods at the border.
• Allows trademark owners to seek civil damages for the manufacture, distribution and possession with intent to sell counterfeit goods.
• 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.
• Makes it 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.
• Targets at 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.

3.  Certain provisions of the Act will come into force on a day or days to be fixed by order of the Governor in Council.  Full text of the Act and other related information are available at Parliament of Canada's website: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=6266835&View=0.

4.For enquiries concerning this circular, please contact Mr Lewis LAU at telephone number 2398 5405.

Yours faithfully,

(Miss Janice LAU)
for Director-General of Trade and Industry

 

Note:

While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.