Report on Bill C-8, the Combating Counterfeit Products Act, Delivered to Senate
December 8, 2014
On December 4, 2014, the Standing Senate Committee on Banking, Trade and Commerce presented its report to the Senate on Bill C-8, also known as the Combating Counterfeit Products Act, bringing the Bill one step closer to passage.
The Bill passed through the required three readings in the House of Commons on October 2, 2014, before proceeding to the Senate for review. The Combating Counterfeit Products Act is intended to give trademark and copyright owners additional options for dealing with the importation and sale of counterfeit goods.
The Senate Committee Report recommends the Senate adopt the Bill, and acknowledges Bill C-8’s "important progress to address counterfeit activity in Canada". The report highlights three concerns expressed by witnesses during the Committee hearings on the Bill, namely the viability of the "request for assistance" procedure that places the burden of legal and administrative costs on brand owners instead of the importers of the counterfeit goods, the exclusion of “in transit” counterfeit goods from recourse, and the substantial import of counterfeit goods via the internet and in small mail packages. To address these concerns, the Committee Report includes a request for ministry review of the effectiveness of the combating counterfeit products regime, in consultation with stakeholders, within two years of the adoption of the Bill.
The Senate's third reading of the Bill is scheduled for December 8, 2014. Once passed, the Bill will need to receive Royal Assent and will be proclaimed into force once the regulation-making process is complete.