New counterfeit products law Bill C-8 doesn’t go far enough for U.S.

The federal industry minister [James Moore] is dismissing the United States’ request that Canada’s proposed anti-counterfeiting laws also help keep fakes out of their country.

The laws are for Canadians, told a Senate committee Nov. 27.

“The idea Canada would act as a customs agent for the United States is, frankly, not something that’s on the table,” Moore said. “The scope of this is protecting Canadians and the Canadian domestic market.”

Bill C-8, the Combating Counterfeit Products Act, is aimed at stopping the estimated $38 million worth of fake goods flowing into the Canadian market every year by beefing up the powers border agents have to stop them, among other things.

But the law only allows them to stop parcels intended for sale or distribution in Canada—not those just passing through.

That’s what has the U.S. upset.

It was one of the first things raised by U.S. Ambassador Bruce Heyman when he took up his post this past spring...

“...it is in the best interest of the U.S. and Canada to expand this legislation to include in-transit goods. We should have laws and procedures stopping these illegal goods at our shared perimeter.”..

Moore told the committee there are procedures under existing laws such as food and consumer safety rules that would stop dangerous goods from reaching the U.S...

“We don’t have a customs union and it’s a bit of a stretch for someone in the American administration...to ask the government of Canada, Canadian taxpayers to act as a border filter for all goods that are destined for the U.S. market,” he said.

The issue of stopping fakes from getting across the border is broader than keeping knock-offs out of the market.

Stronger protections for intellectual property are also a key part of broader international trade and treaty negotiations, among them the Canada-E.U. Free Trade Agreement and the Trans Pacific Partnership.

Moore said C-8 has helped Canada’s international position for those deals.

“The scope of this bill, C-8, was what was requested, frankly, of the government of Canada in order for us to have a seat at table for the Trans Pacific Partnership,” he said...

This has been excerpted from 28 November 2014 article by The Canadian Press.