FAQ's
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What is a conterfeit?
Counterfeit is a term used in reference to unlawful knock-offs of consumer products. The term technically relates to products bearing unauthorized trade-marks but also used to refer to unauthorized copyright works. Copying products is not unlawful unless there is intellectual propery associated with the product. -
Why should I worry about buying a counterfeit product?
First of all, if you purchase a counterfeit product, you are hurting the legitimate economy – this means lost jobs and lost tax revenue. Second, you may be funding organized crime or a terrorist group. Finally, counterfeiters spend nothing on quality control and therefore do not care about what happens to consumers who use counterfeit products such as electrical devices that catch fire, pharmaceuticals that contain no active ingredients, or children’s clothing that is not fire retardant. -
How can I ensure that the product I’m buying is not counterfeit?
Some indicators to watch for include the price being much lower than average, spelling mistakes on the product or packaging, products that are normally sold in packages being sold individually, shoddy appearance of the product or package, or products (particularly electrical products) that have no name brand. In addition, if you buy products from a reputable retailer, there’s less chance they will be counterfeit. -
What should I do if I suspect that I’ve purchased a counterfeit product?
As a first step, you should check on the internet to determine if Health Canada or the manufacturer has issued any warnings about the product. Sometimes, however, the retailer is aware that the product is counterfeit and may even tell you you’ve bought a “ knock off,” or words to that effect. -
What if I suspect the retailer isn’t being honest?
Most manufacturers use web sites as part of their marketing strategy – web sites allow you to contact manufacturers directly to express your concerns. Normally, the manufacturer will offer to examine the product and may then initiate an appropriate response. -
If I contact the police or the company because I think I’ve purchased a counterfeit product, can I get into trouble?
The implications of purchasing a product knowing it is counterfeit are outlined in the response to question #1. Possession of counterfeit items is not a criminal offence in Canada as long as there is no intent to distribute them. -
I have a friend who downloads music from the internet. Is he breaking the law?
Downloading music for personal use is currently not a criminal offence in Canada. However, this legislation is constantly being challenged and it would be wise to check often to ensure that the laws concerning this practice have not changed. -
Where can I get more information about crimes involving counterfeit goods?
Many private sector organizations have their own websites – organizations such as the Canadian Recording Industry Association, the Canadian Anti-Counterfeiting Network, the Canadian Association Against Software Theft and the International Anti-Counterfeiting Coalition. Law enforcement agencies such as Interpol also have websites that deal with Intellectual Property crime. -
What are forms of intellectual property?
Intellectual property can consist of many things including patents, trade secrets, Trade-marks, copyright and industrial designs.
Trade Patents: such as inventions and discoveries.
Trade Secrets: Includes confidentional information.
Trade-marks: Trade-marks are typically words, drawings, symbols and/or names, but they can also include musical chimes, colours, or scents provided that they can serve to distinquish ones trader's good from those of another.
Copyrights: Protects every original literary, dramatic, musical and artists work.
Industrial Designs: This refers to certain brand specific packages and certain aesthetics of the producst in question.