Summary
In Canada, the political will to address this country’s serious IP crime problem has failed to materialize despite overwhelming evidence of its harm to Canadian competitiveness and a mounting tide of domestic and international criticism. Key sectors of the Canadian economy have repeatedly urged the government to take action. This report is another such call. It sets out clear actions to strengthen Canada’s IP enforcement system to create an environment in which an innovation economy can thrive. Key recommendations include: increasing and improving the coordination of
government resources dedicated to IP enforcement and education; creating an effective IP border enforcement regime; and,
enacting legislation to address shortfalls in the
current legislative framework, including the lack
of adequate trade-mark enforcement provisions.
Contents
Part One: The Problem Of Counterfeiting And Piracy In Canada – i. The negative economic impact – ii. The threat to Canada’s health and safety – iii. Links with organized crime – iv. The Negative impact on Canada’s reputation – v. Canada’s failure to live up to its international commitments -- Part Two: The Problems Underlying Canada’s Failed Enforcement System – i. Lack of police and prosecutorial resources dedicated to counterfeiting and insufficient criminal penalties – ii. Counterfeit “retailers” not prosecuted – iii. Proceeds of crime legislation excludes copyright piracy – iv. Civil remedies: an inadequate solution – v. Outdated and ineffective IP crime legislation -- vi Lack of effective anti-counterfeiting civil remedies – vii. Disempowered customs officials -- viii Troubling ethics: the culture of piracy in Canada.
Part Three: Fueling Innovation And Prosperity – The Need For Marketplace Integrity – i. The economic importance of intellectual property – ii. Nurturing intellectual property: the importance of demand – iii. Adequate enforcement of intellectual property rights: a necessary pre-condition to innovation and prosperity – iv. Global competition: strong enforcement of IP rights is critical fuel in the race to the top -- Part Four: International Best Practices – i. United States – ii. United Kingdom – iii. European Union: IP border enforcement measures – iv. World customs organization: model legislation.