1. IPIC Annual Meeting Thursday October 15, 2015 Anti-Counterfeiting: The Combating Counterfeit Products Act, One Year Later

2. Putting the Pieces of the Puzzle Together Anti-Counterfeiting: The Combating Counterfeit Products Act, One Year Later Banff, Alberta October 14-16, 2015 Lorne M. Lipkus of Kestenberg Siegal Lipkus LLP Barristers & Solicitors 65 Granby Street, Toronto, Ontario, M5B 1H8 www.ksllaw.com Tel: 416-597-0000 Fax: 416-597-6567 2 2Copyright Kestenberg Siegal Lipkus LLP

3. Canada’s Prior Border Enforcement Strategy 3Copyright Kestenberg Siegal Lipkus LLP

4. Impact of CCPA What can brands do? What should brands do? What are brands doing? 4

5. File a Request for Assistance 5

6. 6

7. 7

8. After Filing a Request for Assistance - CBSA When does CBSA start detaining suspected counterfeits? How do they know what to detain? CBSA Training 8

9. Case Studies Procedure – 2 Case Studies – What do you need to have before CBSA calls? – What to do when CBSA contacts you? – What does CBSA need? – When do you prepare/file lawsuit? – Do you need to sue? – Who pays the cost of detention/storage/destruction? 9

10. Questions, Comments & Thanks 10 Lorne M. Lipkus Kestenberg Siegal Lipkus LLP Telephone: 416.984.9992 (Mobile) Office Direct: 416-342-1112 Office: 416.597.0000 Ext. 112 E-Fax: 416-342-1102 E-Mail: llipkus@ksllaw.comllipkus@ksllaw.com Website: www.KSLLAW.com Copyright Kestenberg Siegal Lipkus LLP

11. Shelley Jones Senior Counsel, Trademarks & Brand Enforcement BlackBerry Limited IPIC Annual Meeting October 2015 Anti-Counterfeiting from the In-House Perspective: A Global Approach

12. Importance of coordinating an in-house anti-counterfeiting program with your overall IP strategy. Anti-counterfeiting and brand enforcement should be factors when: Selecting new trademarks; Filing applications; Reviewing product design and packaging; Entering into distribution and licensing agreements. In-House Anti-Counterfeiting Programs: Part of Your Overall IP Strategy 12

13. Ensure enforcement of rights in trademark disputes such as oppositions and litigation proceedings align with your anti-counterfeiting objectives. Robust online brand enforcement is a key feature of an effective anti-counterfeiting program.  Online marketplaces, domain name disputes.  Working with external service providers. Aligning with Brand Enforcement Objectives 13

14. Have a dedicated inbox for the program and ensure prompt turnaround for:  Product verification.  Witness statements. Follow best practices for proper evidence handling. Maintain detailed records of seizures, investigations, etc. Have trained personnel available in some jurisdictions to act as liaison with law enforcement/customs. Working Effectively with Law Enforcement and Customs Officials 14

15. Consider strategies for reducing/containing costs where possible:  Sharing costs with other brand owners.  Implementing thresholds for seizures.  Working with firms on a global/regional basis.  Conducting investigations/research in-house. Importance of metrics in demonstrating impact on bottom line. Managing Costs 15

16. Questions? Thank you! 16