Canadian Lawyer

January 2009

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/50813

Contents of this Issue

Navigation

Page 51 of 63

LEGAL REPORT: INTELLECTUAL PROPERTY the best efforts of right holders, enforce- ment agencies, and other government authorities." It also found the most af- fected goods are CDs, fi lm and game DVDs, and clothing, and that "individu- al governments are addressing this issue of counterfeiting and piracy mostly by media campaigns and public awareness initiatives." The IBA also notes every jurisdiction that took part in the survey has a legal framework and minimum standards in place to fi ght counterfeiting and piracy. Canadian IP practitioners and in-house counsel were among those who partici- pated in the survey, which also outlined several actions that have taken place in several jurisdictions, including Canada. In this country, for example, between 2001 and 2004, the RCMP in partnership with other government departments and the private sector, conducted over 1,800 in- vestigations involving counterfeit goods in Canada and laid over 2,200 charges against individuals and more than 100 charges against companies. The report notes that pirated and counterfeit prod- ucts worth tens of millions of dollars have been confi scated in Canada. Despite the statistics, Robert Sotiriadis, co-chairman of the IBA's intellectual property and entertainment law section and a partner at Leger Robic Richard LLP in Montreal, says Canada is not con- sidered good at preventing counterfeit- ing. "[It's] hard to enforce IP rights even in obvious situations and fi nes are very low," he says, adding there are also not enough measures to dry up the demand. These issues were raised in 2007 when several anti-counterfeiting and anti-pi- racy groups spoke before the House of Commons' standing committee on pub- lic safety and national security. While the hearings concerned counterfeiting in the context of security, Sotiriadis says the IP discussion went beyond that. He says parties came with their suggestions for what Canada can do to increase efforts against counterfeiting, including legisla- tion, beefi ng up the Criminal Code and additional resources for enforcement. The government's standing committee Your IP partners Whether arguing before the Supreme Court or preparing an application for the Trade-marks Office, the partners and associates at Dimock Stratton bring experience, perspective, insight, and attention to detail to the job. It's an approach that has won the respect of peers and clients alike and generated the kind of consistent results that recently earned us the distinction of mip Canadian Patent Contentious Firm of the Year 2008. When you need a top ip partner, contact the team at Dimock Stratton. Dimock Stratton partners from top left to right: Mark Eisen, Henry Lue, Jenna Wilson, Angela Furlanetto, Ron Dimock, Mike Crinson, David Reive, Adrian Kaplan, Bruce Stratton Dimock Stratton llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com 52 JANU AR Y 2009 www. C ANADIAN Law ye rmag.com ntitled-2 1 7/28/08 2:42:45 PM on public safety and national security is- sued a report in 2007, entitled "Counter- feit goods in Canada — a threat to public safety," which recommended the Trade- marks Act and the Copyright Act be amended to make it a criminal offence to knowingly possess counterfeit goods for the purpose of sale, and that the Canada Border Services Agency adopt regulations to facilitate the detection of counterfeit or pirated goods in accordance with due process and Canadian law. The government issued a response to the report, saying it "is fully supportive of initiatives to ensure that the appro- priate mechanisms and legislation are in place to protect Canadians from the harms associated with the marketing and use of these products. More broadly, this government is committed to the impor- tance of providing a robust framework for intellectual property rights, not only to address the risks posed by counterfeit goods to consumer health and safety but to foster an environment conducive to

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - January 2009