Misappropriation of IP

The distribution and sale of counterfeit goods in Canada, such as counterfeit banknotes, pharmaceutical products and luxury items, has been a growing threat impacting Canadian businesses and consumers.  This prompted the introduction of Bill C-8, the Combating Counterfeit Products Act  (the “Act”), which received Royal Assent on December 9, 2014.  The Act aims to reduce the sale of counterfeit goods and bring Canada in line with international standards in trying to stop counterfeit products from crossing international borders.
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In Voltage Pictures LLC v. John Doe and Jane Doe (2014 FC 161), Voltage, a film company in the United States, demanded that TekSavvy, an Internet provider, disclose the names of approximately 2000 subscribers which Voltage alleged infringed the copyright in its films, including its Oscar nominated film The Hurt Locker, so that it could presumably launch actions against these individuals.
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The global presence of counterfeit products is an increasingly real problem. The RCMP released an update reporting an increase from CAD $7.7 million in 2005 to CAD $38 million in 2012 in the retail value of counterfeit goods seized. Canada is looking to address this economically damaging and potentially harmful situation through Bill C-8 entitled “Combatting Counterfeit Products Act”. Bill C-8 is a positive step towards combatting the problems associated with counterfeit goods and pirated copies. It will also better align Canada with other nations (such as the EU and US) who have already adopted similar measures.
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