Canadian Lawyer

January 2009

The most widely read magazine for Canadian lawyers

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LEGAL REPORT: INTELLECTUAL PROPERTY Canadian rules need more teeth BY HELEN BURNET T-NICHOLS A recent survey by the International Bar Association confirms what most lawyers here already know: Canada's anti- counterfeiting and anti-piracy regime is weak and needs to be beefed up. jurisdictions when it comes to issues such as enforcement and penalties, say lawyers. Looking to address some of these issues across various glob- W al jurisdictions, the International Bar Association's intellectual property and entertainment law committee initiated a project last year to conduct a global survey on anti-counterfeiting and piracy. The survey's main purpose was to highlight key chal- lenges to the enforcement of IP rights in different jurisdictions and identify a set of best practices to deal with the issue. The survey, which garnered responses from IP private prac- titioners and in-house counsel in over 40 countries in Europe, Africa, the Middle East, Asia Pacifi c, and the Americas, aimed to identify what can be done to deal with the global problem of counterfeiting and piracy more effectively from a legal per- spective, and highlight issues with enforcement of counterfeit trademark goods and pirated copyright goods in different ju- risdictions, says the IBA. The IBA's report on the survey, released last fall, found that the counterfeiting of goods is "increasing signifi cantly despite www. C ANADIAN Law ye rmag.com JANU AR Y 2009 51 hile the issues of anti-counterfeiting and piracy are be- ing dealt with by various organizations in Canada, to date the country is seen as trailing behind some other

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