Canadian Import Exclusion Procedures Criticized

According to Lisa Lerer writing for IP Law & Business on June 9, 2005, Canada has become a key stop on the counterfeit road from China to the United States. The country's lax border controls make it one of the easiest ways to get fake goods into North America.

The root of Canada's IP enforcement troubles is reported to be a complex and expensive seizure process. To stop goods at the border, IP holders need first to obtain a federal court order, a lengthy procedure that involves gathering evidence, going to court and winning a hearing -- all before the products enter the country. The Royal Canadian Mounted Police can also seize counterfeit goods at the border. However, in the past, when the Mounties received reports of counterfeits, the agency was too overwhelmed and underfunded to investigate.

O Canada, we stand on guard for thee. . .