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INDU Committee Report

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Appendix A
Summary of Witness Recommendations

Issue Recommendation Witnesses
Statistics and Economic Impact Establish a reporting system to provide statistics and precedents for the Canadian IP enforcement system. Canadian Anti-Counterfeiting Network
Legislation – Offences Enact legislation that clearly defines trademark counterfeiting as a specific criminal offence under the Trade-marks Act. Canadian Recording Industry Association; Canadian Anti-Counterfeiting Network; Microsoft Canada Co.
Enact legislation to make cam-cording in a theatre a criminal offence. Canadian Recording Industry Association; Canadian Anti-Counterfeiting Network; Canadian Motion Picture Distributors Association; Daniel Drapeau
Implement legislation clearly prohibiting the importation of counterfeit goods. Canadian Recording Industry Association
Create a criminal offence for manufacturing, reproducing, importing, distributing and selling counterfeit goods. Intellectual Property Institute of Canada; Canadian Manufacturers & Exporters; Eaton Electrical; Daniel Drapeau
Make the manufacture, sale, and distribution of fake labels of authenticity an offence in the Criminal Code. Microsoft Canada Co.
Enact criminal legislation clearly defining offences for criminal circumvention activities (including trafficking in circumvention devices) and treat those activities as well as the commercial distribution of pirated digital works as a criminal enforcement priority Canadian Anti‑Counterfeiting Network; Entertainment Software Association of Canada
Remove the Copyright Act from the list of indictable offences excluded from Proceeds of Crime legislation. Canadian Anti-Counterfeiting Network; Intellectual Property Institute of Canada; Canadian Motion Picture Distributors Association
Provide strict liability offences. Canadian Manufacturers & Exporters
Impose personal liability of directors and officers of a corporation; shareholder liability if it is a shell corporation. Intellectual Property Institute of Canada
Improve the summary proceeding in the Copyright Act and add a similar (improved) proceeding to the Trade-marks Act. Intellectual Property Institute of Canada
Legislation – Penalties Provide statutory damages and penalties under the Copyright Act. Intellectual Property Institute of Canada; Daniel Drapeau
Increase damages and penalties under the Copyright Act. Intellectual Property Institute of Canada; Entertainment Software Association of Canada
Introduce administrative fines for the importation of counterfeit goods.  The fines should be set sufficiently high to act as an effective deterrent. Canadian Anti-Counterfeiting Network
Legislation – Civil remedies Strengthen civil remedies for counterfeiting and piracy, including:

  • Specialized injunctions and seizure orders upon proof of counterfeit and pirated activities;
  • Summary enforcement proceedings; and
  • Minimum “floor level” statutory damage awards and heightened damage awards for wilful or repeat offenders.
 Canadian Anti-Counterfeiting Network; Microsoft Canada Co.
Enact civil legislation that clearly makes persons who manufacture and/or distribute counterfeiting tools, such as mod chips, liable for contributory copyright infringement. Canadian Anti‑Counterfeiting Network; Entertainment Software Association of Canada
Provide civil remedies for clear cases of counterfeit and IP theft. Canadian Manufacturers & Exporters
Legislation – Treaties Immediately implement the provisions of the WIPO Copyright and Performance and Phonograms treaties. Microsoft Canada Co.
Committee should clearly state that the counterfeiting file should proceed independently from the WIPO Internet treaties and the broader issues of copyright reform. Michael Geist, Professor, Internet Law, University of Ottawa
Legislation – Enforcement and Resources Empower customs officials. Canadian Recording Industry Association
Provide the CBSA with the express authority to detain, target, seize and destroy counterfeit goods on its own initiative. Canadian Recording Industry Association; Microsoft Canada Co.
Provide the RCMP and the Department of Justice with adequate resources to effectively address counterfeiting. Microsoft Canada Co.
Grant power to seize to all peace officers. Intellectual Property Institute of Canada
Legislation – Other Amend the Radiocommunication Act to address:

  • New forms of signal theft;
  • Increase criminal penalties to facilitate effective enforcement;
  • Limit importation of satellite receiving and decoding tools; and
  • Strengthen civil remedies.
 Canadian Anti-Counterfeiting Network
Enforcement Amend the RCMP/Department of Justice Copyright Enforcement Policy to target piracy and counterfeiting at the retail level. Polyform Foam Plastics Inc.; Underwriters Laboratories Inc.
Establish, and sufficiently fund, an Intellectual Property Crime Task Force, composed of police officers, customs officers, and federal prosecutors to work with IP business leaders in order to guide and coordinate anti-counterfeiting and anti-piracy efforts in Canada. Canadian Anti-Counterfeiting Network
Provide the Canada Border Services Agency with the express authority to target, detain, seize, and destroy counterfeit goods on its own initiative and to implement policies promoting the detection of such goods, such as mandatory reporting of brand information with shipments. Canadian Anti-Counterfeiting Network; Canadian Manufacturers & Exporters
Provide the RCMP and the Department of Justice with adequate financial and human resources to effectively address counterfeiting. Canadian Anti-Counterfeiting Network; Underwriters Laboratories Inc.; Caccia Fashions.
Formalize intelligence sharing and investigative enforcement management through cooperation between the RCMP and CBSA. Canadian Anti-Counterfeiting Network
  With respect to counterfeit goods, priority should be given to public safety and security concerns. Michael Geist, Professor, Internet Law, University of Ottawa
Prosecution Immediately encourage prosecutors to seek more significant penalties, including jail time. Canadian Anti-Counterfeiting Network
Government/Industry Activities and Collaboration Make provisions for the disclosure of information and the provision of samples to IP rights holders for the purposes of determining whether detained goods are counterfeit and enabling IP rights holders to exercise civil remedies. Canadian Anti-Counterfeiting Network
Adopt a recordation system whereby IP rights holders may record their rights with CBSA and highlight “high-risk” products that are known or likely counterfeit targets. Canadian Anti-Counterfeiting Network
Education and Public Awareness Establish a federal Intellectual Property Coordination Council consisting of senior civil servants and IP rights holders whose key objectives would include:
  • Creating and implementing educational programs, with emphasis on Canadian youth, that teach the rationale for and importance of intellectual property;
  • Communicating with IP right holders to ensure that their IP needs are being met by the current application of the laws;
  • Developing broad-based marketplace framework policies that focus on sustaining and growing the creation and exploitation of IP in Canada;
  • Ensuring that all government departments recognize the importance of IP in the creation and development of strategies designed to make Canada more competitive and innovative; and
  • Creating and implementing specialized enforcement educational programs, e.g., educating police, customs officers, prosecutors, and the judiciary, to assist in sophisticated and efficient IP enforcement and adjudication.
 Canadian Anti‑Counterfeiting Network

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