Legal framework
National law
Major amendments to the Trademarks Act were passed in 2014,
partially to facilitate implementation of the Nice Agreement, the
Singapore Treaty and the Madrid Protocol. Most notable among these
amendments is the elimination of use as a registration requirement.
The amendments received royal assent, but have not yet been
implemented. The latest projections suggest that implementation
could take place in 2019.
To address concerns regarding adequate remedies to deter
counterfeiting in Canada, the Combating Counterfeit Products Act
was enacted in January 2015. It provides for new border detention
provisions (by a written request for assistance submitted to the
Canada Border Services Agency), additional criminal penalties for
counterfeiting and a broadened definition of 'trademark
infringement'. Full details on detentions under the new
provisions are not public, but counterfeits of several major
brands, particularly in the fashion
