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Industry committee Perhaps I can add that the exemption was drafted to recognize that this is something where some judgment will have to be exercised, first of all at the border, and second of all if it ever gets through there, later on in a courtroom. To put it one way, a commercial quantity for
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee Those are the types of people who often try anything. But with a parallel import, that's a lawful good. Those types of importers, if they know they have a legitimate parallel import, will come forward and say these are legitimate goods. With the counterfeiters, some of them will
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee From my experience and education and negotiation of trade treaties and so on, I've picked up a little bit of knowledge in this area as well. We're talking about tens of thousands or hundreds of thousands of different types of goods in the world. There are many different types of
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee If it assists you to know, I came into all this as just the dumb customs lawyer who had to figure out intellectual property, so I had to simplify things a great deal. When it comes to using a logo for a different product, to my understanding what is and is not confusing to consu
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee No, thank you.
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee I might be able to add to that. I had the honour of helping to represent Canada at the Anti-Counterfeiting Trade Agreement negotiations, and I've had some dealings as well on the comprehensive economic and trade agreement with the European Union. I certainly will not speak to t
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee First of all, I should say that my minister is the Minister of Justice. I've been assigned to advise CBSA, so I'm here in that capacity. Of course, it's not my role to give legal advice to the Parliament of Canada, so if anything I say sounds like legal advice, I don't intend it
December 2nd, 2013Committee meeting
Christopher Nelligan
Industry committee The grounds to give discretion to the minister in this regard were not specified. One of the concerns is that if you begin to specify particular grounds in the statute, you limit the agency to those grounds and those grounds alone. At least that's the argument that will be made
December 2nd, 2013Committee meeting
Christopher Nelligan