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)

   

 

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