Evidence of meeting #65 for Industry, Science and Technology in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was vanoc.
A recording is available from Parliament.
Vice-President, Hunter Licensed Sports Distribution Corporation, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
Licensee for specific categories. You see all of the Senators car flags all around—
Vice-President, Hunter Licensed Sports Distribution Corporation, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
—that would be us.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
How do you protect that? You do not currently have Bill C-47. Obviously the Stanley Cup right now is a lot of hype, a lot of momentary enthusiasm, which will last forever when the Sens take the cup.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
How do you protect your interests right now using existing trademark law?
Vice-President, Hunter Licensed Sports Distribution Corporation, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
You know, this is a small community, and there are very strong partnerships that go between the licensees and the licensors. I think the discussion was going on before us about who's policing this. We, as licensees, based on the investment that we make in all of our licences, do a lot of policing ourselves. If I see those counterfeit T-shirts, I'm going to be calling VANOC.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
Okay, it sounds like a really good point. The Olympic committee seems like a pretty sophisticated organization as well that could do a fair bit of policing without new laws.
Anyway, I'll move to the next point, which is to John. We really appreciate the fact that you've given to the committee some commitments that you will not react with a heavy hand on some of this. I guess one of the questions I have is that you stated to the committee that you haven't released your voluntary guidelines on the basis that you do not know exactly where this legislation is going to go, what final form it's going to take. Are you anticipating that the Parliament of Canada will significantly amend this legislation you've read, Bill C-47?
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
No, I'm not anticipating that.
I think it's how we work when we typically set out. On thinking about it now, should we have started to finish this? After hearing the questions, I probably would have said we should have come and finished them, but we're not in that position. We thought when we were done, we'd put it out and do a thorough job. We'd do it in such a way that it was quite clear we're not being heavy-handed and we're trying to encourage cooperation and an understanding of what we're trying to do.
We believe it's in everybody's interests that this work. It's a big project, and it's important that it work. We want the public to support it, embrace it, and think we're acting in their best interests, because it's really their project.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
Given the spirit of what you're saying, which I think the committee accepts, how would you feel if a friendly amendment were proposed? For example, do you anticipate that many street vendors would not be prosecuted but would be taken out civilly as a result of this legislation? On the streets of Vancouver and Victoria, do you anticipate that you'll actually use this legislation to shut down many street vendors?
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
Well, I hope not. I hope it won't have to happen.
Liberal
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
Well, I think it would happen if we saw companies taking advantage and taking to the streets to take advantage of rights.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
I asked about the street vendors, not companies.
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
Well, we have to keep in mind one thing. We've made promises to companies that distribute very specific products, over a wide range. By the time we get to 2010, there'll be as many as 30 or 40 licensees of very specific things. In the case of Anita, it's key rings, pucks, and stuff, while others have T-shirts.
The difficulty is that when you come to a product and someone goes off and sells it, and it's been sold to someone else, our credibility as an organizing committee is gone. We have to be able to do it. But if we saw it, we would take whatever steps we could to bring it under control, without having to go into a courtroom. That's how we do it now.
As I said, the number one asset we have is our reputation. We don't want to be on the front page of the paper arguing about this all the time. Our belief is that if you put the legislation in place, it will move us to the 90-yard line on having people respect the fact that this is a very unique thing we're trying to do. The other 10% will be how we work our way through some of the issues that come along.
Liberal
Gerry Byrne Liberal Humber—St. Barbe—Baie Verte, NL
It sounds like the feedback you're giving to the committee is that anyone who infringes on the trademarks will indeed will be dealt with accordingly and will be curtailed, whether it's a street vendor or someone a little higher up on the food chain.
Conservative
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
There are two categories. There are people who make mistakes. If people make a mistake, we'll work with them to try to remedy it. But when it's intentional and deliberate, we have to stop it or we have no credibility. We'll have nothing else that we can communicate or offer to any other company, because they'll know we can't keep our word.
But at the same time, we have to manage the piece you're talking about as thoughtfully as we possibly can.
Conservative
Conservative
Colin Carrie Conservative Oshawa, ON
Thank you very much, Mr. Chair.
We've finished up an investigation into counterfeiting. I think most of us were pretty disgusted at how easily these people work in Canada.
I have to tell you first-hand that none of us knew about our colleague's T-shirt importation business out of Halifax, although we have noticed he's been dressing better lately.
Even in the Ottawa Sun yesterday, they had an article on how the NHL's fashion police are sniffing out fakes and the RCMP is getting involved.
We've heard some people say this legislation is going too far, but I'm going to go the other way. Is it going far enough? Do we have criminal provisions in this bill? If we don't, why don't we? What will this do for protection?
We have Anita sitting there. She's made huge investments. Maybe she could explain a little about how difficult it was to become a sponsor.
Are you going to protect her company from the counterfeiters out there through this legislation?
Vice-President, Hunter Licensed Sports Distribution Corporation, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
It is a difficult process. We go through the RFP, and we go through a bidding process. We have to show the committee we are the best company for the job.
I stand here today saying they made the right decision and we are the best company for the job. We're Canadian, we're diverse, we have a rich cultural heritage within our own company, and we offer the best possible quality product.
Conservative
Colin Carrie Conservative Oshawa, ON
Are you happy? Does this go far enough? Do you think there should be criminal provisions?
Vice-President, Hunter Licensed Sports Distribution Corporation, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
It's a step, and it's a step in the right direction. It gives me a sense of comfort that the money, time, and energy that we as a small group of people and as a company have invested will be protected.
I really believe it will act as a strong deterrent. I think a lot of the companies that infringe by using these marks, at least at our level in terms of merchandise, are not huge corporations. A lot of them are small companies that would be deterred by this type of legislation. I feel comfortable that it would satisfy us.
Conservative
Colin Carrie Conservative Oshawa, ON
Are there criminal parts to the legislation of other countries?
Chief Executive Officer, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games
I don't have the answer to that. I know it's taken quite seriously, and it's a serious matter, because we all end up in the same situation.
To your point about whether it is strong enough, my view of this as follows. The impact of this legislation will be to take care of 85% of those out there who might. I think you will have sent a message to everybody that we all need to play fair here and that this is an important thing for the country. We're all in this together. Let's all play fair.
I think most of what we might be faced with will go away. There will still be a number who will try, and the legislation will help us swiftly deal with those. We think it's enough to do that. I appreciate your comments, because our goal is to simply not allow somebody to take an advantage that they have not lawfully acquired.
