On October 28, 2013, the Canadian government reintroduced an
important Act to amend the Copyright Act and
Trade-Marks Act, with wide-reaching changes that will
impact upon anti-counterfeiting and border protection,
non-traditional marks, and trade-mark prosecution.
The short title of the proposed legislation is
"Combating Counterfeit Products Act." The Bill
introduces long overdue amendments to the Canadian copyright and
trade-marks acts to add improved border measures and prohibitions
to more clearly address the proliferation of counterfeit and
pirated products in Canada. The Bill also includes provisions
dealing with significant trade-mark issues, including expanding the
definition of "trade-mark" to cover non-traditional
trade-marks, allowing proposed use certification mark applications
and divisional applications, and other improvements. A more
detailed discussion of the proposed legislation is available at
The Act was initially put forward under Bill C-56 but
it died on the order table with the prorogation of parliament
earlier this fall. However, the Act has been reintroduced in the
same form and, pursuant to an order made October 21, 2013, the Bill
is deemed to be at the same point in the parliamentary process as
Bill C-56 was at the date of prorogation. Accordingly, the Bill is
deemed to be read a second time and referred to the Standing
Committee on Industry, Science and Technology.
While the Bill is long overdue, analysis of Bill C-56 has
pointed out some shortcomings in the proposed provisions. Now that
the Bill will be going into Committee, it is hoped that there will
be amendments to at least the anti-counterfeiting border provisions
to be added to the Copyright and Trade-marks Acts, and the
trade-mark offence provisions to be added to the Trade-marks
Act. It is possible that it will pass into legislation during
the current session of parliament. We will be monitoring the
progress of the Bill and welcome any questions concerning its
contents and status.
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
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