(Don’t) Knock it Off!

The prevalence of counterfeit goods in Canada reflects weak laws and almost non-existent criminal enforcement within the country, resulting in an appearance of very limited protection for the intellectual property rights of brand owners. As discussed in a recent post on the topic, Canada has once again been named to the “Priority” Watch List in the 2018 Special 301 Report on Intellectual Property Rights, put out by the Office of the United States Trade Representative (USTR). This downgrade is, in many respects,  attributable to issues surrounding the country’s lack of effective border enforcement efforts relating to counterfeit goods. Further, for the first time ever, a physical location in Canada – Pacific Mall in Toronto – was also named in USTR’s 2017 “Notorious Markets” report. Poor border enforcement mechanisms and counterfeit goods have had a substantial impact on fashion brand owners. The prevalence of such knock-offs,…

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