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ARTICLE · 07 DECEMBER 2015

Canada's Counterfeit Border Protection Measures - A Status Report

Smart & Biggar
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Canada's new customs "Request for Assistance" program has now been in place since January 1, 2015, giving IP owners a peek into the effectiveness of the system and possible costs.

CanadaIntellectual Property
Bereskin & Parr LLP
Bereskin & Parr LLP
Tamara Winegust
Tamara Winegust
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Canada's new customs "Request for Assistance" program has now been in place since January 1, 2015, giving IP owners a peek into the effectiveness of the system and possible costs.

The new procedure, set out in Bill C-8, the Combating Counterfeit Products Act, was part of a major overhaul of Canadian trademark and copyright legislation, only some of which is now in force, specifically those sections that enhance infringement remedies and also permit IP rights holders to obtain more focused assistance in combating counterfeit products at the border. IP rights holders, namely registered trademark owners and copyright owners, may now request assistance from the Canada Border Services Agency (CBSA) by filing a Request for Assistance ("RFA") form listing their rights, with information to permit customs officers and inspectors to more easily identify and detain suspected counterfeits at the border before they are distributed in general channels of trade. Many rights owners

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