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ARTICLE · 31 JULY 2025

Tariffs And Counterfeits - A Silver Lining?

The recent imposition of tariffs by the United States may assist anti-counterfeiting efforts, both in the United States and Canada.

CanadaIntellectual Property

The recent imposition of tariffs by the United States may assist anti-counterfeiting efforts, both in the United States and Canada.

The imposition of tariffs themselves will likely only have a minor effect on the flow of counterfeit goods, as counterfeiters have not been known to play by the rules and are not likely to accurately describe the origin and value of the goods that they sell. In many cases, since the goods are produced at low cost, the counterfeiters can either absorb any tariffs payable or even pay the tariffs and still sell their products below the cost of genuine articles.

The bigger effect on counterfeit goods will come from the lifting of the so-called de minimis exemption. In its simplest terms, many countries set floors for the declared value of goods below which duties do not have to be paid and fewer customs formalities observed. These thresholds are set in order to not burden the customs branch with inspecting a large volume of items which

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