Proceedings of the Standing Senate Committee on
Banking, Trade and Commerce

Issue 20 - Seventh Report of the Committee

Thursday, December 4, 2014

The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its

SEVENTH REPORT

Your committee, to which was referred Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of November 19, 2014, examined the said bill and now reports the same without amendment.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

IRVING GERSTEIN

Chair

OBSERVATIONS
to the
Seventh Report of the
Standing Senate Committee on Banking,
Trade and Commerce
(Bill C-8)

We have studied this bill and acknowledge its important progress to address counterfeit activity in Canada. As such, the committee recommends its adoption by the Senate.

There was a positive response from witnesses that the bill improves the anti-counterfeiting regime in Canada, however some witnesses expressed concern with regard to 1) the viability of the proposed procedure that puts the burden of administrative and legal costs on brand owners rather than the importers of counterfeit goods; 2) the exclusion of ''in transit'' counterfeit goods from recourse; and, 3) the substantial import of counterfeit goods via the Internet and in small mail packages.

As such, we would appreciate that the ministry review, in consultation with stakeholders, and report back to our committee of the effectiveness of our combatting counterfeit goods regime in no more than two years from the adoption of this bill.