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Brad Wheller
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Brad Wheller   My Press Releases

Combating Counterfeit Products

Published on 12/10/2014
For additional information  Click Here

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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