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 CACN News                                                                                  Q2 - 2017    
 
IPR Enforcement Working Group

On April 12, 2017, the Canadian Anti-Counterfeiting Network organized a meeting of the IPR Enforcement Working group, which is comprised of government departments and agencies (including Health Canada, Public Prosecution Service of Canada, ISED and the CBSA), law enforcement services (Royal Canadian Mounted Police and Ottawa Police Services), and stakeholders (including professional and consumer associations and Canadian businesses with a common interest in combatting counterfeiting and piracy in Canada). The purpose of the group is to discuss developing trends and explore potential legislative and administrative improvements to protect Canadians and rights holders from counterfeiting, piracy and fraud.

The major topic of discussion concerned stakeholders’ calls for the creation of an IPR Centre to act as an ongoing rapid response and coordination mechanism against counterfeits, piracy and fraud. The meeting allowed the attendees to discuss their concerns on recent trends in piracy and counterfeiting and opened the door for further collaboration between stakeholders and government departments.

A second major topic was the Request for Assistance (RFA) regime which was implemented in January 2015 following the enactment of the Combatting Counterfeit Products Act. A new RFA mechanism is expected to be introduced early this summer to better assist in the identification and prioritization of dangerous counterfeit goods entering Canada. CACN (along with other rights holders) has long advocated for the inclusion of a simplified procedure to facilitate enforcement against counterfeit shipments where the importer fails to respond to the notice of detention. The working group had a lengthy discussion concerning what such a framework could look like.

Further conversation on the above topics and additional agenda items will take place at the next meeting on June 26, 2017.
 
On April 24, 2017, in partnership with Toronto Police Services, the Canadian Anti-Counterfeiting Network hosted our first M.E.E.T event, which took place in Toronto. This training and networking series is designed to educate customs, law enforcement agencies, government agencies and public prosecutors on identifying counterfeiting, fraud and copyright crimes. The event was well attended by 70 participants.
Keynote speakers included Travis Johnston from IACC, Monique Couture representing INTA and Ron Marcell from the Department of Homeland Security. Special thanks to Bryce Evans and the Toronto Police Services for making this valuable training possible.

Our next law enforcement and government training will be held in Vancouver this fall. If you are a brand owner or a CACN member you is interested in participating in this event, please contact Cherith Sinasac at
 csinasac@electrofed.com.
 
As part of our public education initiative, CACN has teamed up with INTA's Unreal Campaign to educate students on the copyright infringement, along with the dangers of purchasing counterfeit products. 50 students attended the inaugural Toronto event. Many students expressed that they were unaware of what counterfeiting was, or the safety and societal concerns associated with counterfeiting.

The Next UNREAL Campaign event will be hosted at Durham College in September 2017. 
 

Annual General Meeting, Global Anti-counterfeiting Group
Lorne Lipkus, CACN steering committee member, attended the Annual General Meeting of the Global Anti-counterfeiting Group in Barcelona on May 19, 2017. The Chair, John Anderson, officiated over the meeting and updated all members on the activities of the GACG who attended from around the world. Lorne provided an update on the activities of the CACN.

 

Lorne also attended the IACC North American Task Force Committee and as Chair of the Canada SubCommittee updated the attendees on the efforts of CACN and others on Canada’s border enforcement status.
 
Niagara Counterfeiting and Fraud Workshop
On May 24-25, 2017, the Niagara Counterfeit and Fraud Workshop, hosted annually by the Bank of Canada was a sold out event, with over 200 registrants that included various members of enforcement agencies, representatives of major financial institutions and private investigators. Thank you to Kestenberg Siegal Lipkus LLP, one of the events sponsors for hosting a table display on behalf of themselves, and the Canadian Anti-counterfeiting Network. In addition, a big thank you to Jeff Vansteenkiste and Eleni Tsorovas who proudly displayed the CACN banner, answered any questions regarding CACN's activities and provided training to all attendees including law-enforcement personnel on how to spot a fake. 
 
To watch the video, click here

On May 2, 2017 the Blueline Expo brought together 300 delegates from law enforcement agencies, customs and government. At the expo delegates had  the opportunity to learn about the newest technologies, industry services, and public safety concerns shaping the market. Lorne Lipkus, CACN steering committee member and industry expert, spoke at the expo's educational component which included counterfeiting, and piracy. As the second largest source of criminal income worldwide, Lorne's speech emphasized the risks and impacts of counterfeiting both nationally and globally, and CACN's efforts to fight counterfeiting within Canada and abroad.

To see the event photos,
click here
Use password: BLUELINE
CACN would like to congratulate the recipients of the nineteenth  annual Global Anti-Counterfeiting Awards. The awards are co-sponsored by Managing Intellectual Property and the Global Anti-Counterfeiting Group (CACG). In Paris on June 7, 2017, world Anti-Counterfeiting Day, the winners were announced and recognized for their outstanding achievements. John Anderson, Chairman of the GACG said, "I am especially impressed once again with the emphases on both co-ordination between the public and private sectors and the importance of raising public awareness that was evident in many of the nominations.”  The recipients of this year's awards are as follows;
 

Individual Achievement
Lasse Ryyttari
Finnish Customs

National Public Body Award
Dwana ta’ Malta (Malta Customs)

National Public Body (Local Authority)
Shanghai People’s Procuratorate

International Public Body Award
European Anti-Fraud Office (OLAF)

Company Award
Royal Philips

Association Award
UNIFAB

Media Award
Authenticity Project – ANDEMA INDICAM UNIFAB

Technology Award
PSA Group

Industry News

US Bil Aims to Stymie Flow of Chinese Counterfeit Electronics
"The Secure E-waste Export and Recycling Act (SEERA), a bill that aims to control the export of electronic waste (e-waste), has been reintroduced in the US in a bid to stymie the manufacturing of counterfeit microchips in China and other countries.  US lawmakers are concerned about the bogus chips - which often have military applications."
Read more here.

 

WaPo Columnist Condemning Sanders' Drug Importation Bill Doesn't Realize Canada Can Expand Its Regulatory Agency
"Where might Canada get the additional money? It can tax the drugs being sold to people in the United States. With the price of drugs in the United States often two or three times the price of drugs in Canada, there is plenty of room to impose a tax to cover the additional inspection costs and still leave massive savings for people in the United States."
Read the full article

 

It says 'Product of Canada' but is it? The Growing Problem of Ferreting oOt Counterfeit Vegetables
"A year ago, Mucci International Marketing Inc., Mucci Pac Ltd. and two executives paid fines totalling $1.5 million for falsely putting “Product of Canada” labels on large quantities of peppers, tomatoes and cucumbers grown elsewhere, mainly in Mexico. Mucci supplied mislabelled produce mainly to Costco, as well as to Loblaws and Sobeys."
 Read the full article here

 

Dear Bernie Sanders: Canada is not the United States’ Drugstore
"Absent a major policy shift here in Canada, if bulk Canada-U.S. drug shipments were to become a reality, Americans could receive uncertified, uninspected, third-party drugs. Canada inspects drugs for its own citizens; Canadian authorities wouldn’t have the ability or resources to inspect medicines destined for the United States"
Read full article here

 

Amazon Gets Appeals Court OK to Sell Counterfeits
"Amazon collects and pockets money from would-be buyers. It substitutes a cheap knock-off product for the one actually shown. It puts the knock-off in a box clearly marked "Amazon" and delivers it to the buyer in place of the genuine product depicted. And to top it off, my client gets a bad review when the buyer is disappointed in the knock-off.
Read full article here

 

The Secret War Against Counterfeit Science
"Although the writing meant nothing to the friendly shop owner, for Huang it directly corroborated what he and a number of his colleagues had long suspected: many of the antibodies sold by Chinese distributors were not what they were supposed to be. Counterfeiters were getting fake and diluted research reagents on to the market."
Read Full Article here

 
Louis Vuitton’s argument for landlord liability gaining traction in Canada
"In its action,
Louis Vuitton claims that the landlords of the flea markets are directly liable, vicariously liable and/or contributorily liable for vendors’ sales of counterfeit Louis Vuitton merchandise at the market, alleging the landlords are aware that counterfeit merchandise was being offered for sale and sold at the flea markets" Read full article here
 
Illicit Cigarettes Covered in Coffee to Fox Sniffer Dogs
A trend appears to be developing. Shopkeepers are covering packets of counterfeit cigarettes and tobacco with coffee to throw sniffer dogs off the scent. 
Read the full story here
 

University Experts to Perform Independent Review of IACC Anti-Counterfeiting Program for Alibaba Platforms
"The International AntiCounterfeiting Coalition (IACC) is pleased to announce that it has engaged the anti-counterfeiting expertise of the University of Trento in Italy, to conduct an independent review of the IACC MarketSafe Expansion Program. Implemented by the University of Trento’s new start-up on security, Intellegit, the assessment aims to provide an unbiased look at the Expansion Program’s effectiveness in fighting fakes."
Read full article here.

 

How Online Monitoring can Support Offline Investigations
"Online and offline counterfeit trade are closely interconnected. Although many shipments of counterfeit goods are still sent by bulk in containers, more and more are being sent via express couriers. These individual deliveries may be small, but together they account for large numbers of counterfeit products that are difficult to detect in transit and stop."
Read the full article here

 

This Fake Bud's for You
"Budweiser is moving to assuage the concerns of Chinese beer drinkers after a video of its beer being counterfeited in a Guangdong factory went viral on the internet. The video first uploaded to Shanghaiist shows workers refilling empty cans of Budweiser in a clear, white container box that’s filled with beer."
Read the full article here