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December 9, 2014
The Canadian government has passed Bill C-8: Combating Counterfeit Products Act.
Bill C-8 received Royal Assent and became law on December 9, 2014. New civil prohibitions, amendments to the criminal offence provisions in the Copyright Act and new criminal offence provisions in the Trademarks Act, as well as some other amendments, came into effect upon Royal Assent. The new border provisions came into force on January 1, 2015.
The Bill adds new prohibitions and offenses intended to assist in addressing the problem of distribution of counterfeit products in Canada. Specifically, the following are added:
- new prohibitions to the Trademarks Act and Copyright Act;
- criminal offense provisions to the Trademarks Act; and
- new prohibitions providing for ex officio action by Canadian customs authorities to the Trademarks Act and Copyright Act.
The new criminal and civil provisions provide rights holders and government authorities with additional tools for civil and criminal enforcement against the distribution of counterfeit and pirated products in the domestic market in Canada.