The "Request For Assistance" (RFA) program, part of
Canada's new border protection regime to combat the import of
counterfeit products, celebrated its second anniversary on January
1. Implemented in 2015, the regime grants the Canada Border
Services Agency (CBSA) power to detain suspect counterfeit goods or
pirated works at the border for a short period (five days for
perishable, and ten days for non-perishable goods) and to exchange
information about the detained goods with the rights holder.
Detention can be maintained beyond that period by the rights holder
commencing litigation and notifying the CBSA.
To benefit from the program, rights holders must record their
registered Canadian trademarks and copyright with CBSA. An RFA
application must be filed with the CBSA. There is currently no
filing fee. RFAs remain valid for two years and may be renewed. In
the two years since implementation, nearly 160 RFA applications
have been accepted by the CBSA, representing over
