Industry committee  That's right.

Industry committee  Mr. Vincent, you have raised something that is probably the infringement lawyer's dream—the establishment of an infringement tribunal. I think that is an idea we should pursue. The costs of filing a lawsuit, particularly in the area of patents, is very high. We should not confus

Industry committee  I can do both. Briefly, an Anton Piller order is an order from a court—it can be the Federal Court or a provincial court—ordering someone to let a lawyer go onto the premises and seize evidence to preserve the evidence, pending litigation. It's an evidence preservation mechanis

Industry committee  That is not quite accurate. In fact, I said that Anton Piller orders had existed in Canada since 1982. Personally, I have been executing seizures since 1997. There are no financial data. I know that if we look up every order granted by the federal court—orders obliging counterf

Industry committee  You're entirely right. In English, you call that a rocket docket, which basically means a simplified procedure. You have to understand that we're talking about counterfeit pharmaceuticals here. It is relatively easy to demonstrate whether or not a pharmaceutical is a counterfeit

Industry committee  I'm not qualified to speak on the issue of research, but I do want to mention one thing. If the goal of IP is not enforcement, what is IP if one does not enforce it?

Industry committee  I think there are numerous purposes to IP law. First and foremost, I think the purpose of IP law is to protect and stimulate innovation. It's to grant someone a just reward for having been creative, and thereby encouraging others to be creative also. When I think of what I'm doin

Industry committee  The problem I have with the current legislation is that the Copyright Act,for example, is the only act—between the Copyright and the Trade-marks Acts that are applicable in this case—where statutory damages are provided. There's a discretion provided to the court, and the discret

Industry committee  Yes. Under the Copyright Act, this is the figure of $20,000 that has been mentioned previously—and this is the difference between trademarks and copyright. Under the Copyright Act, you have what is called statutory damages. Statutory damages means that if the court finds that t

Industry committee  We're not talking about file sharing; we're talking about products on which a trademark or a copyrighted logo is placed. That's the definition we set for counterfeiting at the beginning. That's number one. Number two, on these humongous settlements, if the infringer just doesn't

Industry committee  A trademark can be linked to quality. A trademark can be linked to absence of quality. It depends what the underlying product is. The issue here is that you have certain trademarks that have been built over the years as being indicia of a quality product, a product that everybo

Industry committee  I was at the third world anti-counterfeiting summit in Geneva in January, and there definitely is a will internationally to see that treaty. But don't wait for an international treaty to do something. In the fight against counterfeits, you can't act against the source of supply,

Industry committee  I did not bring it up. What I mentioned is that I specifically did not refer the U.S. 301 list.

Industry committee  I don't want stronger laws because the U.S. says we should have them.

Industry committee  I am absolutely in support of that proposition. And I'll tell you what my problem with the two tiers is. It's that if you're doing a two-tier approach—let's prioritize that these ones affect safety and those ones don't—that means there's some theft, some assault, some deception