SpyMag Unleashed, Canada
Counterfeit & Piracy in Canada
The internet is an attractive medium for counterfeit products. Criminals can virtually remain anonymous, while they run a very profitable business online.
RCMP estimated in their 2005 Economic Crime Report, the annual cost of counterfeiting to the Canadian economy is between $10 billion and $30 billion. (1) Michael Geist, Canada and Research Chair for Internet and E-Commerce Law disputes these figures, claiming they were derived largely from media reports and the internet. (2) In Canada, it is difficult to calculate the true financial losses associated with counterfeiting, given the fact that there is no comprehensive economic study conducted to date. This is primarily due to the fact that Canada has no Intellectual Property reporting system to maintain statistics on counterfeiting. However, experts have reported that the flow of counterfeit goods has increased from 5.5 million in the mid-eighties to 512 million in 2005. (3)
Canada continues to be listed on the 2007 Special 301 Report, an annual report that examines the effectiveness of the Intellectual Property Rights Enforcement regimes in various countries. We have have remained on the watch list for more then ten years due to our weak IP Enforcement system. (4)
In a comprehensive report prepared by the Canadian Anti-Counterfeiting Network in 2007: "Roadmap to Change", experts identified numerous problems in Canada with respect to piracy and the need for change. Some of the recommendations include: more coordination between RCMP, border security and rights holders, strengthen the IP enforcement program in Canada by addressing the weakness with border-security and amending the copyright and trade-mark legislation. (5)
This report was instrumental in waking up the government by alerting them about the problems of piracy in Canada. Following these submissions to the Committee on Industry, Science and Technology in 2007, a report was tabled in the House of Commons, entitled Counterfeiting and Piracy are Theft. Pursuant to a Standing Order 109, the government responded by implementing an action plan to combat piracy. One change to the legislation makes it illegal to record movies in theatres in Canada. This legislation came into effect in 2007. (6)
In 2008, Audioma . was shut down by the RCMP in Winnipeg, Manitoba, after a lengthy investigation conducted in conjunction with the Canadian Recording Industry Association and my firm: Duncan Investigations. These pirates were running a very profitable counterfeit music business right in the heartland of Winnipeg, Manitoba, at the very expense of the creators of the product; the musicians. This was largest seizure by the RCMP in Canada with respect to the sale of counterfeit product.
Counterfeit products can be easily identified by some of the following means:
1. Lack of logo or copyright;
2. Poor quality packaging;
3. Cheap prices;
4. Unknown name suppliers;
5. Poor quality product;
6. Spelling errors on the product.
Combating piracy requires a continuous coordinated effort among all stakeholders, businesses, citizens and government agencies, to ensure that we protect the rights of our creators, the economy and the safety of the citizens.
At Duncan Investigations, we specialize in counterfeit investigations on behalf of copyright holders, collectives and brand name owners. If you require a comprehensive investigation with respect to your product please
email us at duncanj@mts.net or visit our website above.
1. (RCMP. Feature Focus: 2005 Economic Crime. Retrieved on November 7, 2008 from: >http://www.rcmp-grc.gc.ca/economic_crime/ip_e.html<.)
2. The Star: Misleading Data Undermine Counterfeiting Claims. September 17, 2007. Retrieved on November 8, 2008: http://www.thestar.com/Business/article/257218
3. Tim Phillips Knock Off: The Deadly Trade in Counterfeit Goods: The True Story of the Worlds Fastest Growing Crime Wave, 2005.
4. Office of the United States Trade Representative: 2007 Special 301 Report.
5. Canadian Anti-Counterfeiting Network, Report on Counterfeiting and Piracy in Canada: A Road Map for Change, May 2007.
6. Canada. Industry, Science and Technology. Government Reponse to the Eighth Report of the Standing Committee on Industry, Science and Technology. Counterfeiting and Piracy are Theft. House of Commons, Ottawa. 2007.
Janie A. Duncan is Canada's most prominent investigator and founder of Duncan Investigations Inc. (1989). She is responsible for scheduling major corporate and insurance accounts.
Ms. Duncan has accumulated thousands of hours of surveillance time, saving major corporations millions of dollars. She develops risks assessment plans for major corporations to target loss and conduct undercover buys. She has assisted thousands of families in personal matters and she is the investigator that people rely on for confidential matters.
Other achievements include investigating a music piracy operation which resulted in the largest seizure of counterfeit product in Canada by the RCMP.
Her biggest accomplishment were helping James Driskell who was wrongfully convicted of murder and as a result of her investigation and tenacity, he was released from prison in 2003. Ms. Duncan was also at the forefront of the wrongful murder conviction investigation of Frank Ostrowski where she was the first to find the fresh evidence in support of his release from prison.
Ms. Duncan is currently a student at the University of Winnipeg and she is also embarking on a new career in Investigative Journalism. Please visit her online newspaper at www.thebestcanadianinvestigator.com