Canada Reintroduces Anti-Counterfeiting Legislation

Canada’s legislature is mulling over new legislation that could assist in managing the influx of counterfeit product entering into Canada. The Bill was originally introduced as Bill C-56, entitled “Combating Counterfeit Products Act” and had to be reintroduced as Bill C-8, as Parliament was forced to reconvene. Given that this is the 2nd time around for this legislation, it is expected to pass through relatively quickly.

The bill proposes to amend the Copyright Act and Trade-marks Act. The more salient proposed amendments include:

  • allowing brand owners to register trade-marks with the border customs to enable them to seize incoming counterfeit goods
  • expanding the definition of trade-marks to include non-traditional trade-mark protection
  • streamline the trade-mark prosecution process to allow for divisionals

Now that Bill C-8 is in committee, it is hopeful that some of the practical kinks will be ironed out.

Stay tuned to CanadaFashionLaw for updates!

Advertisements

The Future is Here

If you’re interested in hearing a candid discussion about the legal implications of 3-D printing, CanadaFashionLaw will be hosting a webinar with the Intellectual Property Institute of Canada on June 25. If you’re interested, you can click here for more information on the webinar.

IP Rights Should Never Be Swept Under the Carpet

If you’ve attended Toronto’s Fashion Week, it’s likely that you’ve come away from the tent with a strong desire to wear a carpet to your next cocktail party. If you haven’t been to Toronto Fashion Week, let me explain. Korhani is a Canadian carpet and rug manufacturer. For the last few years, Korhani has used ingeniously used Toronto’s Fashion Week as an exceptional public relations platform. It has repurposed its rugs and carpets to become fashion designs. Heralded with its own runway show season-after-season, Korhani produces one of the most talked about shows. It really is a delightfully fresh show that never fails to impress.

CanadaFashionLaw, therefore, was intrigued to discover that Korhani Canada Inc. has issued a claim against Home Décor Inc. for copyright infringement. Korhani claims that Home Décor has copied at least 3 original designs, which violates Korhani’s copyrights to the design. In addition, Korhani claims that the Home Décor’s importation of the infringing designs into Canada violates Korhani’s rights.

Korhani is seeking an injunction, seizure of the allegedly infringing works, statutory damages and punitive damages.