Combating Counterfeit Products Act (Bill C-8) Receives Royal Assent

On December 9, 2014, An Act to Amend the Copyright Act and the Trade-Marks Act and to make consequential amendments to other Acts (known as the Combating Counterfeit Products Act) received Royal Assent and will come into force on a date to be fixed by Order-in-Council. The amendments aim to reduce the trade in counterfeit goods in Canada.

Bill C-8 amends the Copyright Act and Trade-marks Act to add new criminal and civil remedies and new border protection measures. Bill C-8 is similar to Bill C-56, which was introduced during the previous Session of Parliament but died on the Order Paper when Parliament was prorogued. In its Seventh Report, the Standing Senate Committee on Banking, Trade and Commerce acknowledged Bill C-8’s importance “to address counterfeit activity in Canada” and recommended adoption of the bill by the Senate. The Senate Committee noted that:

[t]here was a positive response from witnesses that the bill improves the anti-counterfeiting regime in Canada, however some witnesses expressed concern with regard to 1) the viability of the proposed procedure that puts the burden of administrative and legal costs on brand owners rather than the importers of counterfeit goods; 2) the exclusion of “in transit” counterfeit goods from recourse; and, 3) the substantial import of counterfeit goods via the Internet and in small mail packages.

The Senate Committed has requested that the ministry review the effectiveness of the combatting counterfeit goods regime, in consultation with stakeholders, within two years of the adoption of Bill C-8.

For the status of Bill C-8, see http://tinyurl.com/pfwpjg2

The full text of Bill C-8 may be found at http://tinyurl.com/mvdnops