Brands were understandably excited when the Canadian government gave CBSA the right to detain counterfeit merchandise imports (see Canada’s New Trademark Legislation: The Combating Counterfeit Products Act – What Practitioners Should Know, BPP September, 2016). Effective January 1, 2015, this was a small step in the right direction. However, the numbers are now in and CBSA has detained only 48 shipments in the first three years of the program, most of which were released to the importer because the brand hadn’t filed a Request for Assistance (recorded their trademark with CBSA).  (See CBC, March 22, 2018 “Canada Seizing Few Shipments of Fake Goods Despite Law Targeting Counterfeits“) The good news is that many of those shipments resulted in the destruction of large quantities of counterfeit merchandise without the need to litigate – and the storage and destruction was paid for by the importer. 

On behalf of their members, Canadian and international trademark owner associations have asked CBSA to conduct product identification training. Due to resource issues, most CBSA officers have not been trained on how to identify suspected counterfeit merchandise. Such training could greatly assist officers. Many brands provide training materials which are then distributed directly by CBSA (internally). Unfortunately, it’s not enough. A recent visit to the U.S. National Intellectual Rights Coordination Center in Washington, D.C. (“IPR Center”) helped highlight for me the importance of rights owners working directly with law enforcement, including through training sessions, to help combat the illegal importation of counterfeit merchandise.

On February 22, 2018, I was honored to be invited by the IPR Center along with the CACN (The Canadian Anti-Counterfeiting Network) to learn how the Canadian government might further curb counterfeit goods. Among the strategies we seek to pursue are establishing a Canadian intellectual property rights center to bring together law enforcements agencies and rights owners. Above all, the Canadian government must publicly prioritize stopping the sale of counterfeit merchandise. Once it has done so, and after the Canadian government learns that brands have a plethora of experience worldwide that can benefit public anti-counterfeiting efforts, it will be easy for the government to establish partnerships. In addition to the immensely popular Canadian brands with counterfeiting issues, there are many foreign brands with a significant presence in Canada that are waiting for Canadian law enforcement to assist their brand protection efforts. 

Canada does have great champions of IP protection at the Canadian Anti-Fraud Centre, Toronto Police Service, and other organizations. However, the Royal Canadian Mounted Police, CBSA, and all local law enforcement agencies across the country need to collaborate and share intelligence and resources through something like an IPR Center in order to effectively combat the sale of counterfeit merchandise in Canada. In addition to education, all Canadians (brands and the public) will benefit from the intelligence gathering and effective response and enforcement mechanisms that an IPR Center can coordinate.

The lack of a coordinated intellectual property enforcement strategy is a disservice to hardworking law enforcement and to the brands currently active in civil and criminal enforcement efforts in Canada. Canada needs a centralized information and coordination office to complement law enforcement and brand efforts in stopping the sale of counterfeit merchandise.