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Industry committee  I'd be happy to do that. Bill C-8 seeks to implement a cost-effective border enforcement regime that balances the interests of rights holders, importers and exporters, and individuals. A key component of the legislation is that when goods are detained at the border, they aren't

December 2nd, 2013Committee meeting

Paul Halucha

Industry committee  First off, I think that both of those jurisdictions have only recently moved to a version of the simplified procedure. After experience we will see whether or not it works over time. Second, I think Canada is not the United States or Europe from the perspective that many of the

December 2nd, 2013Committee meeting

Paul Halucha

Industry committee  Basically I'm saying that the amendment would not be necessary as it's effectively duplicating an exemption that already exists in the legislation. So it doesn't have the purpose of clarifying it, but effectively repeating it.

December 2nd, 2013Committee meeting

Paul Halucha

Industry committee  Thank you. I'll start off by reminding the committee that parallel importation is the act of importing legitimate copies into Canada against the wishes of a copyright owner, authorized importer, or distributor, and which originate from the source having some relationship to the

December 2nd, 2013Committee meeting

Paul Halucha

Industry committee  I will just add the one cost would be around storage and detention. The bill does not contain an indication of what those costs are going to be. I understand from CBSA that they're going to be doing consultations with stakeholders and identifying what would be the appropriate sch

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  You're asking me to predict what the courts will do, which is always very difficult to do. We can only look backwards at what jurisprudence has told us.

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  Not in our view. Because we're basically replacing one phrase with a synonym that's more modern, the view is that it's not going to make any changes. The concern that generics have raised is around the size, shape, or colour of a pill or a medicine being trademarked. In fact, in

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  Absolutely. We would not have brought it forward as part of the bill had there been concerns that we were going to be changing outcomes in how the courts view trademarks.

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  The pharmaceutical industry is well known to be one of the more litigious industries in Canada, and I would not want to put a number to the percentage of chance that there could be suits as a result of this. But that's not the same thing as having the law changed. The law is alwa

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  It absolutely is. Intellectual property is one of the most valued intangible assets of many companies. You can lose a factory if something negative happens in terms of a natural disaster. Having damage to your brand is something that's very difficult to withstand, so they're extr

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  We heard from CFIB, and we heard from retailers, and they are supportive of the bill. The issue I think you are pointing to is that small and medium-sized companies may not have the resources or may have fewer resources to participate in the system at the border regime right now.

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  Thank you, sir. The point I was going to make was about how powerful the new system will be in terms of getting information to Canadian rights holders who otherwise wouldn't have it. There was discussion about the current process involved in getting a border agent to take actio

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  Just in the ways the honourable member's question exposed, to the extent that an illegally produced counterfeit product by a manufacturer in Canada that doesn't have the right to produce it could also impact the Canadian innovator who does have that right. It could also impact a

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  It's working days.

November 4th, 2013Committee meeting

Paul Halucha

Industry committee  Are you speaking of legally produced goods in foreign markets? Do you mean parallel imports, where the exporter owns the IP and has the rights to produce it for the territory within which the manufacturing takes place?

November 4th, 2013Committee meeting

Paul Halucha