Anti-Counterfeiting Returns

Yesterday, Bill C-8, Combating Counterfeit Products Act was introduced by the government. This is a re-introduction of Bill C-56 from the previous session and the Bill has been fast tracked to committee stage based on the status of Bill C-56 prior to prorogation.

The full name of Bill C-8, is An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, and includes amendments primarily to the Trade-marks Act and Copyright Act, particularly to permit seizure by border authorities of counterfeit goods.

The Bill also includes significant changes to the Trade-marks Act including changing the definitions of ‘distinctive’ and ‘trade-mark’. It also will replace ‘wares’ with ‘goods’ and ‘mark’ with ‘sign or combination of signs’ or ‘trade-mark’ throughout the Act. In addition, Section 7(e) which has been declared unconstitutional would be formally repealed.

Please see my post regarding the introduction of Bill C-56 during the previous legislative session for more details.

(h/t to Clark Wilson’s Canadian Trademark Blog)