Archive for the ‘Counterfeiting’ category

Combating Counterfeit Products Act before Standing Committee

November 5th, 2013

The House of Commons Standing Committee on Industry, Science and Technology has started hearings on Bill C-8, the Combating Counterfeit Products Act. On Monday November 4, 2013, Minister of Industry James Moore appeared before the Committee. Also in attendance were witnesses from the Department of Industry, John Knubley, deputy minister, and Paul Halucha, director general of the marketplace framework policy branch. They were joined by Martin Bolduc, the vice-president of the operations branch Canada Border Services Agency and Superintendent Eric Slinn, director general, support services for federal policing from the RCMP.

Minister Moore led off the hearing with remarks that included the following:

C-56 Combating Counterfeit Products Act gets Second Reading in House

June 3rd, 2013

On Friday, Christian Paradis Minister of Industry and Minister of State (Agriculture) moved that Bill C-56, The Combating Counterfeit Products Act be read the second time and referred to a committee. The Bill is a long overdue attempt to bring Canada’s laws related to combating counterfeiting to international standards.

Kellie Leitch Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour rose in the House to describe the reasons for the Bill and its scope. Here, in part, is what she said about Bill C-56.

The Combating Counterfeit Products Act

March 4th, 2013

Last week, the Government introduced Bill C-56, Combating Counterfeit Products Act. It has two main objectives. First, to protect public safety and health by enacting legislation specifically to target commercial scale trafficking in counterfeit products. Second, to make technical amendments to the Trade-marks Act such as to permit registration of non-traditional trade-marks like sounds, and to improve registration procedures. The Government backgrounder and related FAQs, and other information is available at Industry Canada’s website.

Strangest copyright cases of 2012

December 28th, 2012

If you’re on holidays and looking for some copyright law hilarity, take 15 minutes to read Meads v. Meads, 2012 ABQB 571. This case from Alberta examines the practice of Organized Commercial  Pseudolegal Commercial Argument litigants (“OCPA” litigants). These persons employ a collection of techniques and arguments promoted and sold by ‘gurus’ to disrupt court operations and to attempt to frustrate the legal rights of governments, corporations, and individuals.

Copyright law 2011 –the year in review in Canada and around the world

January 13th, 2012

Yesterday, I gave a talk at the Law Society of Upper Canada’s 16th Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in 2011.  My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

My slides and/or the paper summarize the following copyright cases from Canada, the USA, UK and  Europe:

CANADA

Re: Sound v Motion Picture Theatre Association of Canada 2011 FCA 70

Reference re Broadcasting Act 2011 FCA 64

Crookes v. Newton 2011 SCC 47

Canada signs ACTA

September 30th, 2011

Earlier today, Ed Fast, the Minister of International Trade and Minister for the Asia-Pacific Gateway, signed the Anti-Counterfeiting Trade Agreement. The press release announcing the signing stated the following:

“Counterfeit and pirated goods are an increasingly global problem that requires a globally coordinated solution,” said Minister Fast. “We all have an interest in combatting counterfeiting and piracy because these activities cost billions of dollars each year in revenue and trade losses, which translates into higher prices, lost income and lost jobs for people employed in a range of industries—from film and pharmaceuticals to electronics. Counterfeit goods also pose a real threat to the health and safety of people because the producers of goods such as drugs and auto parts evade the rigorous rules, standards and guidelines that are in place to protect consumers.”

UK to get even tougher with IP crime

August 4th, 2011

Yesterday, the UK Government released a number of proposals to modernise the UK’s intellectual property laws. One of the reports is dedicated to outlining The UK IP Crime Strategy. The rational for the strategy is clear: counterfeiting and piracy are of concern both as a barrier to growth and because of the wider ills to which they have been linked, which include dangerous goods, online fraud and serious organised crime.

Canada back on the USTR 2011 Special 301 Watch List

May 2nd, 2011

The Office of the United States Trade Representative (USTR) just published its 2011 Special 301 Report. The 2011 Special 301 review process examined IPR protection and enforcement in 77 of the US’s trading partners. The Special 301 Report is a critical mechanism for the U.S. government to ensure that its trading partners provide adequate and effective protection of IP for America’s creators and innovators.

Following extensive research and analysis, the USTR again listed Canada on its Priority Watch List along with Algeria, Argentina, Canada, China, India, Israel, Indonesia, Pakistan, Russia, Thailand, and Venezuela.

Canada: online piracy a problem hurting artists, creators and the economy

February 28th, 2011

The Office of the United States Trade Representative (USTR) today released a report that spotlighted Internet and physical markets that exemplify key challenges in the global struggle against piracy and counterfeiting. Not surprisingly, Canada-based IsoHunt was identified as a major piracy site which “recently ranked among the top 300 websites in global traffic and among the top 600 in U.S. traffic.”

The report follows on the heels of last week’s submission by the International Intellectual Property Alliance (IIPA) to the USTR recommending that Canada be maintained on the Special 301 Priority Watch List in 2011. The IIPA submission extensively analyzed the piracy and counterfeiting problems in Canada. The rational for its recommendation was summarized as follows:

IIC estimates global economic and social impacts of counterfeiting and piracy

February 2nd, 2011

The IIC just published a report commissioned by BASCAP entitled Estimating the global economic and social impacts of counterfeiting and piracy. Researched by Frontier Economics Ltd, the report estimates that based on 2008 data, the total global economic value of counterfeit and pirated products is as much as $650 billion every year. It found that international trade accounts for more than half of counterfeiting and piracy (estimated at $285 billion to $360 billion), domestic production and consumption accounts for between $140 billion and $215 billion and digitally pirated music, movies and software accounts for between $30 billion and $75 billion. The report also estimated that counterfeiting and piracy cost G20 governments in tax revenues and consumers over $125 billion every year.