The Combating Counterfeit Products Act is one step closer to being passed into law. Bill C-8 (formerly Bill C-56) received first reading in the Senate on October 2, 2014. The aim of Bill C-8 is to strengthen Canada’s laws against counterfeiting and to give Customs Officials greater powers to stop counterfeit products from entering Canada. Some of the changes proposed by Bill C-8 include:
- the creation of new civil causes of action and criminal offences against trademark counterfeiting and prohibiting the possession or export of counterfeit goods;
- the enactment of new border enforcement measures that enable customs officers to detain suspected infringing goods;
- the implementation of procedures that will allow customs officers to share information on detained goods with trademark owners; and
- the creation of new powers to permit police to use wiretaps.
Among the shortcomings of Bill C-8 is the fact that rights holders will be responsible for the costs associated with detaining suspected goods, which may prove to be prohibitive. Nevertheless, Bill C-8 is seen as a welcome step towards the modernization of Canada’s IP regime.
For further information, please contact Paula Clancy.