Bill C-8, the Combating Counterfeit Products Act passed
third reading and received Royal Assent on December 9, 2014.
Amendments to the Criminal Offence provisions in the Copyright
Act and new offence provisions in the TrademarksAct, as well as some other minor amendments came into
effect upon Royal Assent and are now in force. The remaining
provisions will come into force on a day or days to be fixed by
order of the governor-in-council.
The Bill, viewed by many as being overdue, adds new prohibitions
and offences intended to assist in addressing the problem of
distribution of counterfeit products in Canada. Specifically, the
new prohibitions to the Trademarks Act and
criminal offence provisions to the Trademarks Act;
provisions providing for ex officio action by customs
authorities in Canada to the Trademarks Act and
The Bill was initially introduced in March of 2013 and, after a
somewhat drawn out process including reintroduction and amendment,
finally received Royal Assent on December 9, 2014. Our previous
analysis regarding the Bill was set out in our March 25, 2013
IP Update, but we note that the discussion regarding "TMA
amendments" in the article is primarily in respect of
provisions that are no longer to be implemented through Bill
The current "word on the street" is that the intent of
the government is to proclaim the new customs provisions into force
early in 2015. While not yet formally confirmed, it has been
indicated informally that an Internet website is ready for launch
and rights holders may be able to register their trademarks and
copyrights (file a "request for assistance") with customs
early in 2015. Further, the indication is that there may be no fee
associated with making a request for assistance under the new
It also appears that the intent of the government is to proceed
without consultation on regulations concerning the new customs
regime and, instead, to review the regime in two or three years. We
will be analyzing the details of the customs regime as soon as they
are available and will provide recommendations to clients regarding
making requests for assistance and otherwise taking advantage of
the new anti-counterfeiting provisions once they are in force. In
the meantime, we will provide updates, including outlining details
of the new customs regime, as soon as those details become
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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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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