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The Combating Counterfeit Products Act (Bill C-8) received royal assent on December 9, 2014. The Act is aimed at protecting Canadian consumers, manufacturers and retailers by stopping harmful and illegal goods from entering the Canadian marketplace. This new law will provide Canada Border Services Agency (CBSA) with greater authority to prevent illegal counterfeit goods from entering the country.

The entire Bill will not come into force upon royal assent. Amendments related to the Canadian Intellectual Property Office (CIPO) and the registration of trademarks will only come into force on a day to be fixed by order of the Governor in Council, at the same time as overlapping trademark provisions contained in the Budget Implementation Act. These amendments include provisions relating to the retention of trademark records and registered users. As a result of these provisions, Canadian trademark owners will now be able to seek damages for the manufacture, distribution and possession with intent to sell counterfeit goods.

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This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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