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ARTICLE · 07 APRIL 2021

Encouraging Trends In 2020/2021 For IP Rights Holders Enrolled In Canada's Border Protection Program

Smart & Biggar
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To help stem the flow of counterfeit products into Canada, owners of Canadian registered trademarks, copyrights, and geographical indications ("rights holders") can enroll in a government program...

CanadaIntellectual Property
Tamara Winegust
Tamara Winegust
R. Scott MacKendrick
R. Scott MacKendrick
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To help stem the flow of counterfeit products into Canada, owners of Canadian registered trademarks, copyrights, and geographical indications ("rights holders") can enroll in a government program called the "Request for Assistance" (RFA). The program, now just over 6 years old, is operated by the Canada Border Services Agency (CBSA). Under the program, CBSA has the power to detain suspect counterfeit goods or pirated works at the border for a short period and to exchange information about the detained goods with the rights holder. Armed with that information, rights holders can then choose to take legal action against the importer, including seeking settlement with the importer either before or after commencing a court action.

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