IPIC Submission on Bill S-5, An Act to Amend the Tobacco Act, Non-smokers Health Act, and Consequential amendments to others
The Intellectual Property Institute of Canada (IPIC) is responding to Bill S-5 (“the Bill”), which introduces new tobacco and vaping products legislation. Specifically, we note that Bill S-5 renames the Tobacco Act to Tobacco and Vaping Products Act. It also includes “provisions to protect youth from nicotine addiction and tobacco use; allow adults to access vaping products as likely less harmful alternatives to tobacco use; and protect the health and safety of Canadians through a variety of means.”
IPIC views the changes as primarily a health policy matter and is not expressing an opinion on health policy. Rather, the purpose of this submission is to ensure that the Government is aware of how the proposed amendments would affect trademark rights for brand owners in Canada, impact consumer confusion, particularly related to possible counterfeit goods and affect Canada’s International Treaty obligations related to trademarks. In addition, we wish to bring to the Government’s attention the fact that the new legislation may expose the Government of Canada to an increased risk of liability for damage claims from some brand owners.