On May 29, 2019, the Canadian Government introduced Bill C-100,
legislation designed to meet obligations included in the United
States-Mexico-Canada Agreement (USMCA). While the USMCA lists a
number of trademark issues (see our earlier comments on the
trademark provisions in the USMCA
here), Bill C-100 limits the Trademarks Act amendments to two
points: both relating to combatting counterfeit activity.
First, Bill C-100 proposes to amend section 20 of the Act,
dealing with infringement. That section has already been amended to
broaden the scope of infringement to include actions relating to
importing and exporting, and to cover not just goods and services,
but labels and packaging too. The proposed amendment provides that
infringement will be presumed in the event of unauthorized
"commercial scale" importation of goods bearing a mark
identical to or indistinguishable from a mark registered for the
imported goods. This should simplify a finding of infringement in
the
