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 discretion can go as low as $200 or as high as $20,000. Because counterfeiting is not seen as the problem it is, the maximum has only been applied once. My suggestion that there be a minimal penalty that is attached to counterfeiting, and that there then be a discretion granted to the court to increase that penalty—depending on the circumstances—I think would be a way of sending a message.
Now, in terms of how one assesses that penalty, there are a number of ways. Currently in the Copyright Act, the statutory damage is between $200 to $20,000 per work that is infringed. There could also be a component of an infringer who has a minimal quantity or an infringer who has a much bigger quantity. Another measure, like the compensatory conventional damages that have been set by the Federal Court, would be at what level of the chain the infringer is located. Is he a street vendor, a retailer, or a manufacturer? Those are options that can be explored.
I don't think we'll have the time today to determine the best option, but there are numerous ways in which this could be done.