Protect Your Brand Rights: Stop Fake Goods at the Border

The Canada-United States-Mexico Agreement or CUSMA has sections related to protecting the intellectual property rights of Canadian trademark owners, particularly with regards to products that cross the Canada-US border. Since CUSMA became effective in July 2020, there have been many changes that positively affected the power trademark owners have over their intellectual property.

How can these updates directly benefit people trying to prevent the unlawful counterfeit sale of their branded products? This blog post will discuss the update to Canadian trademark laws and potential benefits.

Protect Your Brand Rights: Stop Fake Goods at the Border

Since the CUSMA’s effectivity, the Canada Border Services Agency or CBSA has successfully detected and detained up to 70 percent more suspected counterfeit products trying to make their way across the border. This will come as good news for rights holders. They will rest easy, knowing that any counterfeit products b will be more easily caught.

More Effective Detention of In-Transit Goods

Before the CUSMA came into effect, customs personnel were not permitted to detain goods travelling through Canada. Even if the actual owners of the intellectual property registered their rights with the CBSA, it did not help stop counterfeit goods from making their rounds.

However, there have been productive updates because of the CUSMA in these initiatives to catch counterfeiters from gaining a profit off a trademark brand that wasn’t theirs. At present, customs officials are now permitted to inspect and detain products suspected to be pirated or go against counterfeit laws.

Protect Your Brand

The global market for counterfeit products has proliferated the demand for such goods. This is an all too attractive opportunity for counterfeiters, and it is why it has become increasingly crucial that rights owners have their rights recorded with the CBSA. Once their rights have been registered, customs officials will be able to make an effort toward protecting these rights when they detect counterfeit products. Customs officials will get in touch with rights holders about the specifics of any pirated products, along with the details of the identities and addresses of the importer and exporter.

Long term Benefits

The CUSMA aims to prevent suspected products and stolen intellectual property from infiltrating the Canadian market. Because of the new updates of CUSMA, most cases are quickly resolved, often before even going to trial. Typically, the importers bear all the costs in the storage and destruction of the infringing goods.

Conclusion

It takes hard work and patience to build a strong brand. However, once you have a good idea, it is best that you register it. Registering your brand provides you with greater protection for your brand. Having the ability to stop counterfeit imports can be incredibly valuable to a brand owner.

Should you require assistance relating to your rights as a trademark owner, reach out to our team.