Stopping Counterfeit Goods At The Canadian Border

Owners of intellectual property rights (the owner) should keep in mind the measures provided for in the Trademarks Act and the Copyright Act (collectively, the Acts) intended to address the importation and exportation of counterfeit goods in Canada as part of their enforcement toolbox. This can include, if the conditions are met, pharmaceutical products for example. The process provided for in these Acts arises from the general prohibition on importation or exportation of goods if the goods or their labels or packaging bear a trademark that is identical to, or that cannot be distinguished in its essential aspects from, the registered trademark,¹ or of works or other subject-matter in which copyright subsists.²