Canada officially took the step towards the implementation of
the Madrid Protocol when it introduced Bill C-31, the Economic
Action Plan 2014, No. 1 (Bill). The Bill received Royal Assent
on June 19, 2014, and is now the law in Canada (New Act). The
ratification and implementation of the Madrid Protocol and other IP
treaties have taken more time than expected initially, however, the
rollout of the New Act and regulations is expected to occur in
2019. This will bring Canada in line with the rest of the developed
world after having been long-criticized for maintaining an
antiquated system of filing trademark applications.
This article will summarize the most important changes to the
Trade-marks Act, and discuss the challenges and
opportunities of which companies should be aware. It will also
discuss the early impact of the Combating Counterfeit Products
Act (CCPA), and additional border and enforcement remedies
available to trademark owners.
