In-House Counsel, Volume 8 Issue 1, 2015
Toronto IP and information technology litigator John Cotter, who works with in-house counsel to combat counterfeit goods, says that under the RFA program, the CBSA will only detain goods for 10 days, with a possible extension of another 10 days, and then release them if the rights owner doesn’t commence court proceedings.
Cotter says corporate counsel must take the lead in devising a strategy that deals with counterfeit goods in a cost-effective manner and addresses key points: What type of goods are involved (luxury, which are more in demand, or low-cost brands)? Are there health and safety issues? How are the goods sold – online, in a bricks-and-mortar setting, or both? How widespread is the counterfeiting problem for the company?
Cotter says corporate counsel can play an important role in stressing the importance of combating counterfeiting to their company’s management and marketing teams.
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This article originally appeared in Vol 8, Issue 1, 2015 of In-House Counsel.