There is a provision in the CPTPP. Article 18.76 relates to special requirements related to border measures. It states:
Each Party shall provide for applications to suspend the release of, or to detain, any suspected counterfeit or confusingly similar trademark or pirated copyright goods that are imported into the territory of the Party.
The amendment was required because the way the text in our Trade-marks Act was currently framed, the border measures, which were implemented through the Combating Counterfeit Products Act back in 2014, related to simply counterfeit goods, which meant goods that were exactly the same or so similar as to not be distinguishable from trademarked goods. This text here requires an expansion to cover confusingly similar trademarks that are not necessarily identical, but are confusingly similar.
The two amendments expand the application of these proceedings for interim custody, so essentially trademark owners can go to court to try to get shipments of goods detained when the goods not only have an inappropriately applied registered trademark but also have a potentially inappropriately applied trademark that is confusingly similar to the registered trademark.