Counterfeiting in the Canadian Market - Manitoba Chambers of ...

Best Practices: International Trading Partner andIndustry ActionThe role of central government is to put the right legalframework in place, both domestically and throughinternational influence to support the agencies that are thefront line of action against IP crime. This includes workingto ensure that enforcement agencies have the right powersand skills they need to tackle IP crime and to deliver onprocesses that support better coordination and intelligenceled enforcement.- Prevention and Cure: The UK IP Crime Strategy, 2011Around the world, developed nations have madeit a priority to protect IPR and foster a businessenvironment where the digital economy can grow.From the information and models discussed below, itbecomes clear that the most efficient models are thosethat combine strong law enforcement and internationalcooperation and encourage the participation ofindustry and rights holders. Canada can learnfrom these examples and must move to implementinternational best practices in order to support amarketplace where IPR can be exploited to itsfull value.When international trends are examined, five themesemerge:1) Empowered customs officials are able to workwith rights holders to effectively police channels ofcommerce.2) Governments and law enforcement bodies areadapting their IPR enforcement techniques toaddress the growing challenge of small shipmentsof counterfeit and pirated goods ordered in onlinemarkets and delivered through postal services,including mail and courier.3) Creating knowledge and expertise at a coordinatedlevel is essential to effectively address cases ofcounterfeiting and piracy.4) Professional counterfeiters and pirates are notdeterred by ineffective civil remedies. Rightsholders must be given remedial tools that haveteeth.5) When stakeholders, including rights holders, lawenforcement and e-commerce intermediaries worktogether, innovative solutions to the problems ofcounterfeiting and piracy can be found.These themes can be seen in international treaties,the laws of specific jurisdictions and in practices thathave been adopted by police forces and responsibleintermediaries.Empowered Border OfficialsThe World Customs Organization (WCO) has beenan incredibly important actor in developing policyfor border enforcement of IPR. It has long advocated“model legislation” for countries and reports on bestpractices. According to the WCO model legislation onIP protection, “Customs’ powers to act ex officio are akey feature of effective border enforcement regimes. Inthe vast majority of cases, Customs officers are the onlyones to know when and which allegedly infringinggoods are transported. Therefore, unless Customsare empowered and obliged to act on their own tostop suspected shipments at the borders, the bordermeasures will remain ineffective. TRIPs AgreementArticle 58 introduces the possibility to give Customs exofficio powers; as such powers are an essential featureof effective border measures it is recommended thatWCO Members States include a provision to that effectin the national laws.” 44The need for border officials to have ex officio powerdoes not only exist as model legislation but has alsobeen adopted by many of Canada’s major tradingpartners. EU customs officials have the power to44 World Customs Organization Model Legislation http://www.aseansec.org/20534-Annex3.pdfCounterfeiting in the Canadian Market | The Canadian Intellectual Property Council 15