Tag: Counterfeiting

The Combating Counterfeit Products ActThe Combating Counterfeit Products Act



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.

The anti-counterfeiting portion of the legislation addresses recommendations made by the Parliamentary Standing Committee on Public Safety and National Security (May 2007) and Parliamentary Standing Committee on Industry, Science and Technology (June 2007) to crack down on commercial counterfeiting operations because of the serious health and safety consequences.

Canada signs ACTACanada signs ACTA



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.

UK to get even tougher with IP crimeUK to get even tougher with IP crime



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.

The report recognized that “The key technology for IP infringement is the internet.

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



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.

Separating facts from hype about C-32Separating facts from hype about C-32



Some anti-copyright critics compare the proposed copyright amendments in Bill C-32 with the copyright laws of the US to argue that Canadian copyright law with Bill C-32 passed would be more restrictive than in the US. International comparisons of copyright laws can be a very useful tool to gauge how Canadian laws stack up with international standards and norms. Regrettably, anti-copyright advocates often make their case by inaccurately and misleadingly describing US law to make it look more permissive than it is and by describing Bill C-32 in ways that makes it appear more restrictive than it is.

RCMP report details Canada’s serious counterfeiting and piracy problemsRCMP report details Canada’s serious counterfeiting and piracy problems



The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following:

  • Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of health and safety concern in Canada. Health, safety, and economic damages from the consumption and usage of counterfeit goods are being reported on an international scale. Victims of IP crime include, among others, people suffering from life threatening diseases who unknowingly use counterfeit medicines containing little or too many active ingredients, or toxins.

ACTA will not create new IPRs or interfere with fundamental liberties statement saysACTA will not create new IPRs or interfere with fundamental liberties statement says



The Office of the U.S. Trade Representative released a statement concerning the recent round of the ACTA negotiations in Lucerne, Switzerland. The release included he following that outlines some of the proposed limitations to the treaty:

“Participants stressed the importance of ACTA as an agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy.

While ACTA aims at establishing effective enforcement standards for existing intellectual property rights, it is not intended to include new intellectual property rights or to enlarge or diminish existing intellectual property rights.

Calling out misreporting about ACTACalling out misreporting about ACTA



As I have pointed out before on several occasions, there is a lot of inaccurate reporting about ACTA. In some cases, the misreporting is done by people who are intimately familiar with the actual text of the publically available draft treaty documents. In other cases, the misreporting results from relying on those widely disseminated inaccurate secondary sources. 

A case in point is recent article published by the Ottawa Citizen  and other Canwest newspapers such as the Montreal Gazette , Edmonton Journal, Calgary Herald, Windsor Star, and the Vancouver Sun dealing with ACTA.

More hype than facts about ACTA from its criticsMore hype than facts about ACTA from its critics



The internet is lighting up again with opposition to the ACTA as negotiations on the trade agreement resume in New Zealand. Notwithstanding that much about the treaty is now known from well publicized leaks, its critics continue to try and slag it with misinformation and biased criticism.

Consider the following summary by Prof. Geist in yesterday’s Toronto Star article which was re-published in his blog this morning. Prof. Geist says:

“the text confirmed many fears about the substance of ACTA. If adopted in its current form, the treaty would have a significant impact on the Internet, leading some countries to adopt three-strikes-and-you’re-out policies that terminate subscriber access due to infringement allegations, increasing legal protection for digital locks, mandating new injunction powers, implementing statutory damages provisions worldwide, and engaging in widespread data sharing across national borders.”

Canada again in the penalty box over poor IP laws and enforcement according to 2010 IIPA 301 reportCanada again in the penalty box over poor IP laws and enforcement according to 2010 IIPA 301 report



Yesterday, the International Intellectual Property Alliance released its 2010 SPECIAL 301 REPORT ON COPYRIGHT ENFORCEMENT AND PROTECTION. The report notes that “its statement in the 2007 Special 301 report – submitted three years ago – remains, disappointingly, true today: “Canada remains far behind virtually all its peers in the industrialized world with respect to its efforts to bring its copyright laws up to date with the realities of the global digital networked environment. Indeed, even most of the major developing countries have progressed further and faster than Canada in meeting this challenge.”