Bill C-8 (Historical)

Combating Counterfeit Products Act

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

James Moore  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Copyright Act and the Trade-marks Act to add new civil and criminal remedies and new border measures in both Acts, in order to strengthen the enforcement of copyright and trade-mark rights and to curtail commercial activity involving infringing copies and counterfeit trade-marked goods. More specifically, the enactment
(a) creates new civil causes of action with respect to activities that sustain commercial activity in infringing copies and counterfeit trade-marked goods;
(b) creates new criminal offences for trade-mark counterfeiting that are analogous to existing offences in the Copyright Act;
(c) creates new criminal offences prohibiting the possession or export of infringing copies or counterfeit trade-marked goods, packaging or labels;
(d) enacts new border enforcement measures enabling customs officers to detain goods that they suspect infringe copyright or trade-mark rights and allowing them to share information relating to the detained goods with rights owners who have filed a request for assistance, in order to give the rights owners a reasonable opportunity to pursue a remedy in court;
(e) exempts the importation and exportation of copies and goods by an individual for their personal use from the application of the border measures; and
(f) adds the offences set out in the Copyright Act and the Trade-marks Act to the list of offences set out in the Criminal Code for the investigation of which police may seek judicial authorization to use a wiretap.
The enactment also amends the Trade-marks Act to, among other things, expand the scope of what can be registered as a trade-mark, allow the Registrar of Trade-marks to correct errors that appear in the trade-mark register, and streamline and modernize the trade-mark application and opposition process.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Industry, Science and Technology Committee, on Nov. 4, 2013

  • Eric Slinn, Director General, Support Services for Federal Policing, Royal Canadian Mounted Police
  • Martin Bolduc, Vice-President, Operations Branch, Canada Border Services Agency
  • John Knubley, Deputy Minister, Department of Industry
  • Paul Halucha, Director General, Marketplace Framework Policy Branch, Department of Industry

Industry, Science and Technology Committee, on Nov. 6, 2013

  • Wayne Edwards, Chair, Canadian Anti-Counterfeiting Network
  • Katalin Molnar, Manager, Global Intellectual Property Protection, Canadian Standards Association
  • Cynthia Rowden, Chair, Sub-committee on Bill C-8, Past President, Intellectual Property Institute of Canada
  • Michael Geist, Canada Research Chair, Internet and E-commerce Law, University of Ottawa, As an Individual

Industry, Science and Technology Committee, on Nov. 18, 2013

  • David Lipkus, Lawyer, International Trademark Association
  • Martin Lavoie, Director, Manufacturing Competitiveness and Innovation Policy, Canadian Manufacturers and Exporters
  • Dale Ptycia, Senior Manager, Licensing, Hockey Canada
  • Peter Giddens, Lawyer, International Trademark Association
  • Jeremy de Beer, Associate Professor, Faculty of Law, University of Ottawa, As an Individual

Industry, Science and Technology Committee, on Nov. 20, 2013

  • Scott Smith, Director, Intellectual Property and Innovation Policy, Canadian Chamber of Commerce
  • Lorne Lipkus, Partner, Kestenberg Siegal Lipkus LLP, Canadian Intellectual Property Council, Canadian Chamber of Commerce
  • Jim Keon, President, Canadian Generic Pharmaceutical Association
  • Carla Ventin, Vice-President, Federal Government Affairs, Food and Consumer Products of Canada
  • Vladimir V. Gagachev, Manager, Regulatory Affairs, Electrical Sector, Eaton Industries (Canada) Company

Industry, Science and Technology Committee, on Nov. 25, 2013

  • Kevin Spreekmeester, Vice-President, Marketing, Canada Goose Inc.
  • Joy Nott, President and Chief Executive Officer, Canadian Association of Importers and Exporters

Industry, Science and Technology Committee, on Dec. 2, 2013

  • Paul Halucha, Director General, Marketplace Framework Policy Branch, Department of Industry
  • Megan Imrie, Director General, Border Programs, Canada Border Services Agency
  • Christopher Nelligan, Counsel, Canada Border Services Agency
  • Michael Ryan, Senior Analyst, Copyright and Trade-mark Policy Directorate, Department of Industry
  • Mike MacPherson, Procedural Clerk

Industry, Science and Technology Committee, on Dec. 4, 2013

  • Marta Morgan, Associate Deputy Minister, Department of Industry
  • David Enns, Chief Financial Officer, Corporate Management Sector , Department of Industry
  • Robert Dunlop, Assistant Deputy Minister, Science and Innovation Sector, Department of Industry
  • Paul Halucha, Director General, Marketplace Framework Policy Branch, Department of Industry
  • Michael Ryan, Senior Analyst, Copyright and Trade-mark Policy Directorate, Department of Industry