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Industry committee I'm not sure, other than what we talked about, that you can do something without legislation.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee That's an excellent question. In fact, what happens in practice right now is that they seize the package, because it is illegal to be using the packaging to advertise that. If the product is authentic, for example, it doesn't show—
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee No, no. If that package—
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Exactly.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Exactly. You're 100% right, and so the product itself can flow through. No one is taking a position on the product. Unfortunately, when the packaging is an infringement, very often the product is counterfeit as well, but—
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee No. If I said that, that's only predicated on the product being counterfeit. We've seen toys, for example—
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Correct.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Leaving aside statistically what happens, I can tell you anecdotally that products that were destined for Canada and were sent back have found their way back into Canada. That happens. Statistically, I can't tell you how often, but counterfeiters are quite aggressive, and they
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Clearly, any regulatory change that makes it easier to prevent the importation of counterfeit or pirated products into Canada is welcome. Even if it creates another problem, which I've just mentioned, it's still better than what we have.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Could I make a comment about the destruction part?
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee I don't know if it's a regulatory change or not, but in the existing legislation, there's a 10-day period of notice given to both the importer and to the rights owner. It says, “These goods are on their way into the country. You, Mr. Rights Holder, have 10 days to bring an action
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee Sending it back just adds to the problem.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee One of the things that we recommended is, as you know, the simplified procedure that is in relation to the physical goods, but I am not sure that I have a good answer for you in relation to something that would just deal with the intangible.
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee The intangible that we're talking about, even in a physical good, is the intangible of the work itself. The work itself finds its way into the physical good—
October 29th, 2018Committee meeting
Lorne Lipkus
Industry committee —so we're still there on the creative side. It's just that it's put onto something that is sold as a physical good.
October 29th, 2018Committee meeting
Lorne Lipkus