D19-4-3, Copyright, Trademarks and geographical indications

July 31, 2020

This memorandum outlines and explains the legislation governing the role of the CBSA in dealing with counterfeit protected marks (i.e. Trademarks or geographical indications) or pirated copyright goods.

This memorandum reflects amendments made to the Trademarks Act in respect of applications for the detention of confusingly similar trademark goods that are imported into Canada, and amendments made to the Trademarks Act and Copyright Act, which expanded the Canada Border Services Agency’s (CBSA’s) Intellectual Property Rights (IPR) Program in respect of suspected counterfeit trademark, counterfeit geographical indication, and pirated copyright goods that are transiting through Canada. These amendments have been made as part of Canada’s implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Canada-United States-Mexico Agreement (CUSMA).

This Memorandum is available in its entirety on the CBSA website.

Topic(s)

Acts & Regulations

Trade Agreements

Information source

Canada Border Services Agency (CBSA)

Disclaimer

The foregoing information is provided for informational purposes only and is not intended as, nor should it be considered, professional advice or a substitute for conducting your own thorough research and review. Before making any decisions or taking any action based on the information provided, you should conduct your own independent investigation and/or seek professional advice from a qualified expert in the relevant field. The CSCB disclaims all liability for actions taken or not taken based on the information provided.

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