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ARTICLE · 23 DECEMBER 2015

Trademarks: International Update - Canada

Although pharmaceutical counterfeiting has not, historically, been a problem of significant magnitude in Canada, with counterfeit health products on the rise globally, fraudulent drugs are increasingly showing up...

CanadaIntellectual Property

Although pharmaceutical counterfeiting has not, historically, been a problem of significant magnitude in Canada, with counterfeit health products on the rise globally, fraudulent drugs are increasingly showing up in Canada's supply chain, not only through unregulated Internet sites, but also through legitimate licensed pharmacies. For example, in August of 2015, US government prosecutors indicted online Canadian pharmacy Canada Drugs Ltd. on an array of charges, including the sale of counterfeit versions of the cancer drug Avastin to doctors across the United States.

Until recently, Canada did not have an effective regime for enforcement against counterfeit pharmaceuticals and other counterfeit goods. However, Canada's anti-counterfeit regime recently received a significant overhaul with the coming into force of Bill C-8, the Combatting Counterfeit Products Act (the CCPA). The CCPA, which was part of a broader set of significant amendments to Canadian copyright and

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