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Industry committee  I believe they should be excluded from the scope of this bill for two reasons. One is feasibility, including administrative and financial feasibility. The other is the unintended consequences that can arise by virtue of the detainment of in-transit shipments when there are legiti

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  I think it's a problem in both situations, but applying the act's provisions to in-transit shipments exacerbates it by expanding the scope of the application of the act and therefore the scope of the problem.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  It's not a matter of facilitating the cross-border flow of counterfeit goods, but simply doing what's practical and feasible to stop it. We can start here by stopping what comes into our own country.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  That's a very good question. I don't understand why such a retailer wouldn't have recourse under the ordinary law of contracts against their suppliers for supplying them with counterfeit goods. So I'm not sure this is a matter that should be dealt with in a bill of this nature. I

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  Well, the risk is if you make a mistake. So in cases where the importer doesn't respond, or the importer either expressly or implicitly acknowledges liability, I don't have a problem with the destruction of the goods. In fact, I think it's great to get them out of the chain of co

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  And I believe it's a workable solution. If we had infinite resources, administratively and financially, maybe we could do something different.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  As far as I know, we have no empirical data on that question.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  It's in particular respect of provisions amending the Copyright Act—more so than in respect of the provisions amending the Trade-marks Act. When I read through the technical language in this bill and I look at the Copyright Act as it's presently worded—and I've consulted with a n

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  I have no idea.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  I think the statistics are very interesting. I don't know the basis for them, but they suggest to me that if they're correct, then in 30% of the cases there is some kind of dispute, which to me is an extremely high number.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  I'm sorry. My apologies.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  Please forgive me for responding in English. I think that's an excellent point. A parallel importer would not be absolved of any responsibilities whatsoever to ensure they comply with all applicable laws, including the labelling of packaging in both official languages.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  I believe it would, to clarify the consensus that this should not apply to parallel imports.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  Yes. What would happen is that a copyright owner in this case—not a trademark owner but a copyright owner—of the artistic work, which is the logo on the Coke can or the label on the chocolate bar, whatever it happens to be, would file notice with the Canada Border Services Agen

November 18th, 2013Committee meeting

Prof. Jeremy de Beer

Industry committee  You should have a look at the technical language.

November 18th, 2013Committee meeting

Prof. Jeremy de Beer