Border Enforcement

Sections of the Combating Counterfeit Products Act relating to a new border enforcement regime come into force January 1, 2015, as published today in the Canada Gazette.

As per the order (Link):

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 63(2) of the Combating Counterfeit Products Act, chapter 32 of the Statutes of Canada, 2014, fixes January 1, 2015 as the day on which sections 2, 5 and 6, subsection 7(6) and sections 43, 44 and 60 of that Act come into force.

These sections relate to border enforcement procedures under the Trade-marks Act and the Copyright Act. For example, Section 43 of the Combating Counterfeit Products Act introduces the following section to the Trade-marks Act:

51.03 (1) Goods shall not be imported or exported if the goods or their labels or packaging bear — without the consent of the owner of a registered trade-mark for such goods — a trade-mark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trade-mark.

The government’s summary states that the coming into force of these sections will allow Canada to implement the Canada-Korea Free Trade Agreement (CKFTA) by January 1, 2015.

See my earlier post when the Combating Counterfeit Products Act received royal assent in early December.