BSF738 - Request for Assistance

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Application

The filing of this application begins the enrollment process for the Canada Border Services Agency (CBSA) Intellectual Property Rights Program. This form has been developed by the CBSA in accordance with s. 44.02 of the Copyright Act and s. 51.04 of the Trade-marks Act to assist right owners in protecting their rights against the prohibited importation of counterfeit, trademark and pirated copyright goods into Canada.

Section A: Rights Owner Information

  • 1. Legal name of rights holder
  • 2. Rights holder address
    • Address
    • Country
    • Postal code - Zip code
  • Representative for Service in Canada
    • Contact name
    • Phone number
    • Address (street)
    • Province
    • Postal code
  • 4. E-mail address
  • 5. Alternate e-mail address

Section B: Copyright and/or Trademark Information

  • 6. Trademark or copyright
    • Trademark
    • Copyright
  • 7. Trademark or copyright registration number (from CIPO)
  • 8. Canadian intellectual property office (CIPO) number
  • 9. Harmonized system code
  • 10. Bond included? (No/Yes)
    • Amount of bond
  • 11. Provide name and description of authentic goods, such as product features, packaging and trademark location.
  • 12. List known authorized importers permitted to bring these products into Canada (if applicable)
  • 13. Known distributors of illegitimate or suspect goods

Section C: Authorization

  • Authorizing CBSA's use and confirmation of information provided:
    • 14. Authorized signature
    • 15. Name (Print)
    • 16. Date of signature and application *

Section D: File data (For CBSA's Use only)

  • 17. CBSA request for assistance number
  • 18. Urgent (Yes/No)
  • 19. Date of application * (YYYY-MM-DD)
  • 20. CBSA officer's user ID

Privacy Statement

The information you provide in this application, including supporting documentation, is collected under the authority of the Copyright Act and Trade-Marks Act for the purpose of becoming a participant in the CBSA's Intellectual Property Rights program. The information may be disclosed to the RCMP and Health Canada for the purposes of enforcing the Trade-mark Act, Copyright Act, and Criminal Code.

Individuals that refuse to provide the CBSA with this information will not be eligible for enrollment in the CBSA's Intellectual Property Rights program.

Individuals have the right of access to and/or can make corrections to their personal information under the Privacy Act. The information collected here is described within Info Source under the Personal Information Bank CBSA PPU 1407, which is detailed within the CBSA Info Source Chapter.

Instructions

The following information provides further details on how to complete the application.

  • Field 1: Provide the legal name of the Rights Holder.
  • Field 2: Provide the Rights Holder mailing address.
  • Field 3: Provide the name, phone number and mailing address of the person to contact in the event that a detention takes place. Official documents may be sent to the address indicated.
  • Field 4: Provide the email address of the primary point of contact (i.e. in the event of goods being detained, distribution of notices, as well as other general correspondences).
  • Field 5: Provide a secondary email address in the event that the primary email address malfunctions or fails.
  • Field 6: Indicate whether the application is for protection of trademark or copyright.
  • Field 7: Provide each copyright (if applicable) or trademark registration number, as assigned by the Canadian Intellectual Property Office. Attach an additional sheet listing this information if submitting multiple trademarks or copyrights.
  • Field 8: Provide the Canadian Intellectual Property Office application number for each trademark, and if applicable, for copyrights.
  • Field 9: Provide the Harmonized System Code, developed and maintained by the World Customs Organization.
  • Field 10: Identify whether the bond is included, then indicate the amount of the bond.
  • Field 11: Provide name and description of authentic goods, such as product features, packaging and trademark location.
  • Field 12: List known trusted importers permitted to bring these products into Canada, if applicable.
  • Field 13: List all known illegitimate importers and exporters of these products, if applicable.
  • Field 14: Provide signature authorizing the use of this information by CBSA, as needed, and to ensure authenticity of the information provided.
  • Field 15: Print name.
  • Field 16: Date of signature.

Terms and Conditions

General Information

Neither the act of filing a Request for Assistance (RFA), nor the decision to accept an RFA by the Canada Border Services Agency (CBSA) constitutes recognition of the existence or validity of any intellectual property rights by the CBSA or the Government of Canada. Determinations of intellectual property rights are made in courts or other relevant tribunals, often in the context of civil actions or criminal prosecutions.

Trademarks are to be registered with the Canadian Intellectual Property Office (CIPO) before filing an RFA with the CBSA.

While not mandatory, it is recommended to register one's copyright before filing an RFA. Registering the copyright with CIPO before filing an RFA provides greater certainty for RFA administration, and may lessen the likelihood of disputes over the validity of copyright in the border administration context.

An RFA application cannot be applied retrospectively to goods that have already been imported.

It is imperative to act diligently and promptly to CBSA notices, as prolongation of detention will increase cost liability to the rights owner. Delinquency of response and/or repeated delays in responding may be taken into consideration for future applications, renewals, and security requirements.

The Minister may require the applicant to post security for the costs incurred for the storage and/or destruction of goods.

Privacy Statement

The information you provide in this application, including supporting documentation, is collected under the authority of the Copyright Act and Trade-Marks Act for the purpose of becoming a participant in the CBSA's Intellectual Property Rights program. The information may be disclosed to the RCMP and Health Canada for the purposes of enforcing the Trade-mark Act, Copyright Act, and Criminal Code.

Individuals that refuse to provide the CBSA with this information will not be eligible for enrollment in the CBSA's Intellectual Property Rights program.

Individuals have the right of access to and/or can make corrections to their personal information under the Privacy Act. The information collected here is described within Info Source under the Personal Information Bank CBSA PPU 1407, which is detailed within the CBSA Info Source Chapter.

Consent Statement

I hereby allow the Canada Border Services Agency (CBSA) to disclose the information provided in this form to the RCMP and Health Canada for the purposes of enforcing Canadian law. This information may include rights owner contact information, as well as trade-mark and copyright data, which will be used to support the identification of legitimate goods at the border, and is collected in accordance with the Trade-mark Act, Copyright Act, and Customs Act.

I understand that refusal to provide the CBSA with this information will render me ineligible to become a participant in the Intellectual Property Rights program. I have read this statement completely and understand that the Canada Border Services Agency will protect my personal information in accordance with the Privacy Act, and that it will only be used to enforce my intellectual property rights as laid out in the Copyright Act and Trade-marks Act.

Liability and Obligations

By filing an RFA the rights owner accepts liability for any costs associated with storage, handling and if applicable, the destruction of detained goods.

In accordance with subsection 44.07(1) of the Copyright Act and subsection 51.09 (1) of the Trade-Marks Act, once a request for assistance has been filed with the CBSA, the trademark owner and/or copyright holder is liable for the storage, handling and destruction of detained goods beginning on the day after the notice of detention is issued.

Liability ends the first day on which one of the following occurs: the goods are no longer detained for the purpose of enforcing copyright; the rights owner provides a response in writing that advises that goods do not contravene their copyright; or the rights owner provides a response in writing that court proceedings to obtain civil remedy will not occur. Should the rights owner not choose to seek civil remedy, and the goods are released but not claimed by the importer within regulatory time limits, the rights owner becomes liable for storage, handling, and destruction costs for the entire detention period.

These costs can be minimized by responding promptly to CBSA and advising (1) the goods are not counterfeit or pirated, or (2) you choose not to launch an action for this shipment. Should you choose option (2) and the goods are released but not claimed by the importer within regulatory time limits, you may become liable for the storage, handling and destruction costs for the entire detention period.

The additional information provided by the rights holders in addition to the fields required on the RFA form is at their discretion. The CBSA cannot guarantee that trade secrets would be protected from disclosure, therefore rights holders should avoid disclosing industrial secrets to the CBSA.

Form Renewal

An approved RFA is valid for 2 years. That period may be extended by resubmitting an application before the expiry of an accepted RFA to ensure a seamless renewal of the application. Should the application not be received prior to expiry, then a lapse in coverage may result. You may withdraw your RFA at any time; in this case, notify the CBSA IPR program as soon as possible.

The CBSA will not issue reminders to clients with RFA applications slated to expire. It is the sole responsibility of the rights owners to ensure renewal requests are received by the CBSA.

Clients whose RFA applications are deemed accepted, incomplete, or rejected will be notified by email. The email address identified on the RFA application will be used for correspondence.

Notify CBSA

Notify the CBSA immediately should any (one) of the following situations occur:

  • change or lapse in ownership of the copyright or trademark rights
  • the copyright or trademark lapses or becomes invalid, in whole or in part, for any reason
  • civil action is discontinued or dismissed for any reason
  • the court orders special conditions for storage
  • the court orders that the goods no longer be detained
  • the rights owner consents to the goods no longer being detained ( e.g. an alternate agreement is drafted in writing to store the goods in private storage facilities pending civil litigation, etc.).

Customs

Customs inspection and detention activities remain at the discretion of the CBSA. Reception and approval of an RFA does not create an obligation nor constitutes a commitment from the CBSA. While indications about trusted or suspicious dealers will help CBSA administer this program, you should not expect that any particular shipments will or will not be inspected.

Customs officers hold ultimate discretion for the detention of goods unless the CBSA Intellectual Property Rights Program receives a copy of a document filed with a court commencing proceedings on the behalf of the rights owner. Until that time, the detention of goods by the CBSA may be terminated at any time without cause or notice to the rights owner.

Customs clearance procedures under the Customs Act are administered independently from the Intellectual Property administrative regime.

The CBSA operates unbiasedly and is in no way acting on behalf of rights owners or for importers and exporters in the course of administering customs and border clearance processes.

Official Languages Notice

In accordance with the Official Languages Act, all information for which the Canada Border Services Agency is responsible is provided in both official languages. Applicants should be aware that some information might be provided as a courtesy from an external source that is not subject to the Official Languages Act, and that this information would therefore be available only in the language in which it was provided.

Our Commitment to Accessibility

The Canada Border Services Agency is committed to achieving a high standard of accessibility as defined in the Standard on Web Accessibility and the Standard on Optimizing Websites and Applications for Mobile Devices. In the event of difficulty using our Web pages, applications or device-based mobile applications, please contact us for assistance or to obtain alternative formats such as regular print, Braille or another appropriate format.

Ownership and Usage of Content Provided on this Application and Website

Materials on this application and website were produced and/or compiled by the Canada Border Services Agency for the purpose of providing Rights Holders with access to information about the programs and services offered by the Government of Canada. You may use and reproduce the materials as follows:

Non-Commercial Reproduction: Unless otherwise specified you may reproduce the materials (i.e., print, copy, scan, and email) in whole or in part for non-commercial purposes, and in any format, without charge or further permission, provided you do the following:

  • Exercise due diligence in ensuring the accuracy of the materials reproduced;
  • Indicate both the complete title of the materials reproduced, as well as the author (where available); and
  • Indicate that the reproduction is a copy of the version available at [URL where original document is available].

For Further Information Contact

CBSA Intellectual Property Rights Program
Commercial Registration (HQ)
191 Laurier Avenue West, 12th Floor
Ottawa, ON K1A 0L8
Email: CBSA-ASFC_IPR-DPI@cbsa-asfc.gc.ca

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