York police deny ignoring counterfeit goods sales
American trade report singles out Pacific Mall as a key sales point for pirated products
York Region police have been helping the RCMP investigate counterfeit merchandise at Markham’s Pacific Mall as far back as 2005 — and say they are confused by a U.S. government report that alleges calls for assistance from local law enforcement have gone unanswered.
Last week, the report on “notorious markets” called the predominantly Chinese shopping centre one of the most notorious hubs for pirated and counterfeit goods in the world.
“Vendors in Pacific Mall appear to operate largely with impunity, and requests for assistance from local law enforcement have reportedly gone unanswered,” the Office of the United States Trade Representative report reads.
York police say they’re unsure “as to exactly what the report refers to” in that statement, “but we continue to look into this to ensure we have responded appropriately to such requests.”
“York Regional Police responds to complaints of violations of the law and we engage partner agencies and additional resources when required,” York police Const. Laura Nicolle wrote in an email to the Star.
Pacific Mall has long been known as a hotbed for illegal DVD sales.
Several of the national police force’s investigations over the past decade have involved the Canadian Motion Picture Distribution Association, she told the Star, resulting in the seizure of thousands of pirated DVDs.
“Charges were laid in these matters; however, the disposition of those cases is not known as they were laid by the RCMP,” Nicolle wrote.
“Vendors in Pacific Mall appear to operate largely with impunity.” OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE REPORT
In a 2009 RCMP investigation, more than 49,000 pirated DVDs were seized — including some of movies that were still being shown in theatres.
“We have also provided a police presence when representatives of the Canadian Motion Picture Distribution Association have had to execute warrants as a result of civil action,” Nicolle added.
Pacific Mall management did not respond to the Star’s requests for comment Tuesday.
In its description of Pacific Mall, the report from the Office of the United States Trade Representative describes the centre as having more than 270,000 square feet of retail space and over 500 small shops, where the sale of counterfeit goods is “sprawling and pervasive.”
“The mall is touted as the largest Chinese mall in the western world and a recognized tourist destination but it has also been a well-known market for the sale of counterfeit and pirate goods for over a decade,” the report says.
“Sales of counterfeit goods in the Pacific Mall reportedly continue despite extensive efforts by brand owners to enforce their trademarks.”
The RCMP’s Intellectual Property Rights Crime sub-program is responsible for investigating criminal offences under the Copyright Act, Nicolle said, as well as trademark offences under the Criminal Code.
Protecting the public from health and safety risks is the main objectives of the sub-program, according to the RCMP’s own site, which lists close working relationships with Health Canada, Canada Border Services Agency and the private sector.
The report on Pacific Mall details concerns about public safety risks from counterfeit cosmetics, fragrances and sunglasses.
“In the last five years, York Regional Police has received six complaints regarding counterfeit goods. Where appropriate we will engage the RCMP Intellectual Property Rights experts,” Const. Nicolle wrote in her email.
“Having said that, we are not at liberty to discuss information that has been brought to our attention nor can we disclose if there are any current investigations that may be ongoing in the event it could compromise an investigation.”
“Where appropriate we will engage the RCMP Intellectual Property Rights experts.” CONST. LAURA NICOLLE YORK REGION POLICE