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ARTICLE · 18 APRIL 2015

Border Measures Of Anti-Counterfeiting Legislation Now In Force

The existence of counterfeit products often signify that a particular brand or product has 'made it': it is now sufficiently popular that someone is making knock-offs.

CanadaIntellectual Property

The existence of counterfeit products often signify that a particular brand or product has 'made it': it is now sufficiently popular that someone is making knock-offs. Of course, counterfeits are a nuisance for legitimate rights holders and indeed harmful to consumers, who may not get the product they expect (and certainly without the usual warranties, etc. that legitimate products carry). There has never been an easy 'fix' to this problem, which involves the misappropriation of intellectual property rights, principally, copyrights and trade-marks; counterfeit goods will typically copy a brand owner's trade-marks/copyrights or use confusingly similar copies.

Canada's most recent response to this was last year's Bill C-8, the Combating Counterfeit Products Act, S.C. 2014, c. 32 (the "CCPA"), which received royal assent in December 2014. The CCPA made a number of changes to Canada's trade-mark and copyright laws, as well as minor amendments to the Criminal Code. These

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