New Border Enforcement Program In Place As Part Of Canada’s Anti-Counterfeiting Regime

On December 9, 2014, 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