Counterfeit goods are being produced and trafficked at an unprecedented rate, making counterfeiting a highly sophisticated and global multibillion-dollar industry. All types of products are vulnerable, ranging from apparel, consumer goods, electronics and vehicle parts to pharmaceuticals and medical devices.
Recognizing the significant threat counterfeit products pose to Canada’s economy and the health and safety risks these products present, the Canadian government has responded to the calls of intellectual property (IP) rights owners for reform, introducing the Combating Counterfeit Products Act (CCPA). The CCPA, which received royal assent in December 2014, aims to strengthen the ability of IP rights owners to fight counterfeiters operating on a commercial scale.
Combating the proliferation of counterfeit products and grey market goods requires strategic and proactive advice. At Blakes, our lawyers regularly advise brand owners in counterfeit disputes in a diverse array of industries, helping clients protect the integrity of their brands, assuring consumer safety and addressing the many other challenges presented by counterfeiting.
Blakes is experienced in securing and executing Anton Piller orders and our lawyers work closely with all parties necessary to a successful investigation and resolution, including law enforcement, customs authorities, prosecutors, investigators and local regulatory authorities. We also advise on matters involving import regulations, raising copyright and other IP enforcement rights at the borders against counterfeit goods.
Knowing the importance of prevention, we take a proactive approach, assisting clients with devising best practices for risk reduction solutions and counterfeiting avoidance. We advise on implementing and enforcing crisis management strategies, policies and procedures to reduce harm and reputational risk. We also regularly advise on ways to secure products and packaging against counterfeiters, developing programs to guard and monitor distribution channels, and offering guidance on effective IP portfolio management and protection.