Pursuant to the Criminal Code of Canada, (Section 406 and following, Section 380 relating to fraud and Section 489 relating to plain view seizures), and the Copyright Act and Trademarks Act, law enforcement can seize counterfeit merchandise and lay criminal charges.
We assist law enforcement and prosecutors in determining the appropriate criminal charges in the particular case.
LAW ENFORCEMENT SEIZURES
- The addition of civil causes of action for the possession, import, export or manufacture of counterfeit goods;
- The addition of civil causes of action for the manufacture, possession, import, export, selling or distribution of “any label or packaging, in any form”; and
- The addition of criminal offences in the Trademarks Act making it an offence to:
- Sell, offer for sale or distribute on a commercial scale any counterfeit goods;
- Manufacture, cause to be manufactured, possess, import, export or attempt to export any counterfeit goods for the purpose of sale or distribution on a commercial scale;
- Sell or advertise services in association with a trademark that is identical to or cannot be distinguished in its essential aspects from a registered trademark; and
- Manufacture, cause to be manufactured, possess, import, export or attempt to export any label or packaging, in any form, for the purpose of its sale or distribution on a commercial scale or for the purpose of the sale, distribution on a commercial scale or advertisement of goods or services in association with it.
We have developed a substantial number of law enforcement and customs contacts across Canada. We regularly exchange information on anti-counterfeiting and provide the expert evidence necessary to proceed with criminal charges.
In many instances we assist the investigating officers or crown prosecutors in both the obtaining of the search warrant and the prosecution of the criminal charges.