TORONTO: Bill C-8, the Combating Counterfeit Products Act (the Act), received Royal Assent, becoming part of Canadian law. The Act amended both the Copyright Act and the Trade-marks Act by introducing new statutory measures for trademark and copyright owners to combat the growing flow of counterfeit goods in and out of Canada’s borders. The Act included certain provisions that will now empower Canada Border Services Agency (the CBSA) customs officers to search, seize, and intercept the import or export of counterfeit goods upon the request of copyright and trademark owners (pursuant to an approved “request for assistance” application, described in detail below).
These border enforcement provisions came into force on January 1, 2015. It should be noted, however, that the CBSA will not investigate any cases in which Canada is not the final destination of the allegedly infringing shipments. Also, the regime will not apply to “grey market goods.” 1
Rights owners will then be given the opportunity to take appropriate action within 10 working days (five for perishable goods) after the day on which the notice was sent out. Rights owners will also have the option to request an additional 10 days for non-perishable goods only, but whether a request is met is at the discretion of the customs officer having regard to the circumstances surrounding the detention.
In order for the goods to be detained beyond the initial 10-day period, the rights holder must submit documentation evidencing the commencement of court proceedings related to the detained goods to the CBSA before the end of the 10-day period. The goods will then continue to be detained until: (i) the proceedings either end, are settled or become abandoned; (ii) a court directs that the goods are no longer to be detained; or (iii) the trade-mark owner consents to the goods no longer being detained.
