CBSA can help Canadian rights holders to fight counterfeit imports

Canadian trademark or geographical indication rights holders can file a request for assistance

Since most counterfeit goods are produced abroad, the Canada Border Services Agency (CBSA) has established a process under which intellectual property rights holders/owners can ask the Agency to temporarily detain suspected counterfeit and/or pirated goods encountered at the border while the rights holders/owners seek legal redress.

Canadian trademark or geographical indication rights holder/owner registered with the Canadian Intellectual Property Office (CIPO) can file a Request for Assistance (RFA) application with the CBSA. RFAs will help the CBSA to effectively identify and detain commercial shipments suspected of containing counterfeit trademark goods.

If suspect counterfeit and/or pirated goods are discovered during a commercial examination, the CBSA can use the information contained in the RFA application to contact the appropriate rights holders/owners and inform them of the details they need to allow them to pursue a civil court action.

Links:

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

– Combating Counterfeit Products (Intellectual Property Rights)