Fact sheet – What the Combating Counterfeit Products Act Means for Business Innovation

The Combating Counterfeit Products Act helps foster an environment that promotes innovation and creativity, attracts new investment and stimulates economic growth, which is central to a knowledge-based economy.

The key provisions that promote innovation include the following:

Protection of brands and creative works: By strengthening Canada's enforcement regime, this Bill allows for better protection of innovative investments by businesses in brands and creative works. It targets those who try to profit illegally from the reputation and creativity of legitimate businesses.

Registration of non-traditional trademarks: The Bill recognizes that modern businesses are using new technologies to create signs that distinguish their goods and services from those of other businesses. These non-traditional marks include holograms, colours, motion marks and sound marks. The Bill will explicitly allow for the registration of these non-traditional trademarks, giving them the same level of protection as conventional trademarks.

Improved procedures: The Bill simplifies the overall trademark registration process by streamlining some of the requirements and removes all impediments to the use of electronic documents. While the central focus of this Bill is the creation of a border regime, there must be a high level of legal certainty that a legitimate owner's registered trademark is valid in order to get the most out of that regime. By streamlining certain registration procedures, this Bill will ensure a high level of effectiveness, efficiency and validity for Canadian trademark owners while saving them time and money in the process.

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