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New Zealand, have recently backed away from such laws. Such laws could mean punishing members of a household who have not illegally shared files and is in any event a disproportional punishment because Internet and e-mail access has become almost a basic necessity. His third major concern is the pros- pect that customs officials will be empow- ered to inspect iPods and other electronic devices to determine whether they contain illegally downloaded material. Briefings on ACTA have indicated that the approach would be a de minimus one, so customs officials would not be looking for petty violations, but Knopf questions whose definition of de minimus would apply. In any event, it involves subjecting travellers to an invasive search, he says. "And, for lawyers, it's an extremely serious problem because lawyers carry around an enor- mous amount of confidential information on their laptops and USB drives." But Knopf 's greatest concern about the ACTA proposals is one that would provide customs officials with ex officio powers to hold goods they believe to be counterfeit. Currently, border officials do not have such powers but can hold material at the border on grounds of tax and excise or health and safety concerns. Lawyers representing brands and rights owners maintain this is why Canada's existing system fails to stem the tide of counterfeit goods entering the country. Brian Isaac, of Smart & Biggar/ Fetherstonhaugh, says border officials don't have a mandate or resources to deal with counterfeit goods. They may pass on information to the RCMP, but in many cases the RCMP doesn't have resources immediately available to deal with the issue "and the product may actually be released even though it's been identified. Our system, in my opinion, is broken from the point of view of border provi- sions in respect of IP crime," says Isaac. Isaac insists the purpose of ACTA is to deal with large-scale criminal activity rather than illegal downloading from file- sharing sites. The reality is that customs officers won't have the time to investigate that or the ability to determine which files are illegal, he says. When Lorne Lipkus first began deal- ing with counterfeiting cases in 1985, he CPR (CL 1-2is).indd 1 spent 95 per cent of his time on knock- off goods sold in flea markets, now his extensive caseload is mostly focused on new fashion, technology, and everyday merchandise sold in regular stores. For example, Lipkus, a partner at Kestenberg Siegal Lipkus LLP, is currently investigat- ing a case that began with the purchase of a $350 pair of boots from a big retail chain. Supposedly sheepskin and bearing the mark of a popular new brand, the boots are actually synthetic and of far lower qual- ity, though sold at the same price as the authentic brand. You now have to be on your guard against being duped in regular stores, where the retailer may also be the victim of a counterfeit scam, he says. "If I'm a counterfeiter I'm thinking Canada is a good place to be. Our laws are very poor. And law enforcement in many cases don't have the mandate or the resour- ces to go after this crime," he says. Canadian Patent Reporter Includes eReports (weekly electronic pdf version) Let the experts help you to narrow your search and save you research time. Canadian Patent Reporter has been Canada's leading intellectual property law report since 1942. This renowned resource, available online and in print, includes precedent-setting intellectual property law judicial and board decisions from across Canada. This publication has a tradition of providing practitioners with the leading decisions on patent, industrial design, copyright and trade-mark law. Topical catchlines in bold print show the key issues involved. Expert case selection, editing and headnoting are a tradition with Canadian Patent Reporter. Weekly updates via email and in print, plus an annual cumulative index volume, ensure that this publication continues to be the prime reference source for intellectual property case law. Includes eReports Stay current as cases are issued with eReports e-mailed weekly to your desktop, with topically indexed case summaries linked to the full text judgments. Full service subscription (parts and bound volume) • $399 • 9 vol/yr P/C 0325094999 • ISSN 0008-4689 For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. CL0309 www. C ANADIAN Law ye rmag.com JUNE 2009 45 2/11/09 12:21:18 PM Fourth Series (Volumes 1 to 65): Edited by Glen Bloom, Osler, H Edited by Marcus Gallie, First, S Ridout & Maybee LLP Founding Editor: Gordon F. H oskin & Henderson arcourt LLP econd and Third Series: Edited by Gowling, Strathy & H enderson, C.C., Q.C., LL.D.