Precious Metal Marking Act - Dos and Don’ts
The following DOs and Don’ts is ta ken from the Competition Bureau’s Bulletin on Corporate Compliance Programs- Appendix C
DOs and DON'Ts for the Precious Metal Marking Act :
- When a precious metal article is quality marked, do ensure that a valid registered Canad ian trade-mark is also applied on the article or that an application for registration has been made with the Canadian Intellectual Property Office. The trade-mark must be applied by the same method as the quality mark.
- Don't mark or advertise a precious metal article for quality - "14K" for gold, for example, or "sterling silver" unless the reference to the quality of a precious metal article is factual and in the manner prescribed by the Precious Metal Marking Act.
- Don't apply dual markings such as "14K - 18K" or "10K - Sterling" on precious metal articles unless the quality difference is discernible by colour. The quality making up the greater proportion in the article must appear first.
- Don't make any guarantee with respect to the durability or wearability of the precious metal plating of the articles for sale.
- Don't make any false or misleading representations to the public by any means for the purpose of promoting directly or indirectly the sale of precious metal articles.
For more information on the Precious Metal Marking Act contact JVC at
1-800-636-9536 or visit www.competitionbureau.gc.ca.
Precious metals, trademarks and quality marks.What you need to know.
As ethical jewellers in Canada it is important to know legislation and regulations that effect our industry. JVC will highlight some issues so as to educate and inform both the trade and consumers.
In Canada , precious metals that have a quality mark (i.e. 14K, ster.etc.) must also have a registered trademark. A quality mark alone is not sufficient. Please see the paragraph below taken from the Competition Bureau's revised web site www.competitionbureau.gc.ca .
"Description and quality marking of precious metals articles
The Precious Metals Marking Act provides for the uniform description and quality marking of precious metals articles (articles made with gold, silver, platinum or palladium) to help consumers make informed purchasing decisions. The Act prohibits the making of false or misleading representations related to precious metal articles. It also requires that dealers who choose to mark their articles with representations related to the precious metal quality, do so as prescribed by the Act and the Regulations. The quality mark must be accompanied by a trade-mark that has been applied for or registered with the Registrar of Trade Marks, Canadian Intellectual Property Office , Industry Canada ."
Intellectual Property Rights (IPR) Crime: Counterfeit Products by Andris Zarins, National Coordinator Intellectual Property Crime, RCMP
Intellectual Property Rights (IPR) Crime, the illicit trade in counterfeited and pirated products, is a rapidly increasing illegal activity around the world. There is not one sector of the economy that is immune to this scourge and many have suffered devastating financial losses. Economic injuries extend from IPR holders to private businesses as well as the loss of related tax revenue, while a lack of safety standards threaten the health and safety of our citizens.
It could be argued that this type of crime is perhaps the most pervasive of all, crossing all gender/age/societal/economic lines due to the wide variety of commodities involved and their many sales venues. The technological advances of the past decade have enabled consumers to enjoy enhanced quality products, be they household or personal in nature. Unfortunately, those same advances have been used by counterfeiters to produce replicas, ranging in quality from very poor to excellent. What is sadly lacking in the trade of fake goods, however, is the quality control and the testing to ensure that certain health and safety standards have been met. Organized crime invests the huge profits reaped from IPR crime to further their criminal activities. IPR crime should not be seen, therefore, as victimless, as public perception might indicate.
The RCMP conducts priority IPR crime investigations targeting the manufacturing, importation and wholesale distribution at the highest levels but will undertake significant retail investigations providing that the investigations are compatible with unit priorities and budget.The criminal investigations and initiatives will be focused towards:
- reducing the risk to the health and safety of Canad ians;
- reducing the funds being channeled to organized crime;
- protecting the Canad ian legitimate economy and tax revenue; and
- contributing to the fulfillment of Canad ian international obligations as pertaining to combatting this transnational crime.
IPR crime enforcement has become a complex issue that must be tackled in cooperation with other law enforcement agencies, governments at all levels, the private sector and our international partners. These partnerships provide the effective means to prevent, detect and deter IPR crime. For example,IPR holders need to monitor the marketplace for instances where their rights are being violated. The RCMP has developed the guide Reporting Intellectual Property Crime: A Guide for Victims of Copyright and Trade-mark Infringement in order to maximize the effectiveness of this partnership. A copy of the Guide can be obtained by contacting Andris.Zarins@rcmp-grc.gc.ca .
This is not a victimless crime. Perceptions need to be changed. Public awareness remains a key component in the IPR enforcement process. Through the efforts of the partnership between the Canad ian Anti-Counterfeiting Network (www.CACN.ca) and the RCMP, a series of four public awareness posters - in both official languages - has been developed and are now available. Please contact the CACN or the RCMP contacts listed at www.rcmp.ca/fio/intellectual_e.htm
We all suffer from IPR crime. Partnerships work. Let’s all work together to fight IPR crime!
You can't hide . . .
But you can protect your jewellery business
Crime reports regularly carry news of jewellery heists by criminals who consider theft a quick way to raise cash. The news is a constant reminder that working in the jewellery industry exposes you to the risk of being a victim of crime, sometimes crime that involves violence.
As the only insurer that specializes in insuring jewellery and jewellery businesses in Canada and the U.S., Jewelers Mutual understands the jewellery industry and how to minimize crimes against it. That’s why they launched a new online training course: Selling with Security. Easy to access at www.jmuniversity.com, the course teaches three key concepts that help retail jewellers sell with security and reduce theft.
Strike Back Against Jewellery Crime
JVC recognizes crime is growing in Canada; specifically targeting luxury products, like jewellery, among the over 4000 jewellery retailers and the 1200 suppliers. In response to this alarming growth rate, JVC's mandate has expanded to now include crime prevention, resource protection and safety awareness.
The Strike Back Against Jewellery Crime Package includes:
- Access to a database on criminal activity within the jewellery industry.
- Crime Prevention Manual.
- Crime Prevention Video.
- Wanted Bulletins on dangerous jewellery criminals.
- Crime Prevention Bulletins on effective security procedures.
- Free admission to the Strike Back Against Jewellery Crime Seminars.
- Access to the JVC Security Library.
Please phone or e-mail for details.
Tel: 416-368-4840 or
How to become a JVC Crime Prevention Sponsor
Please contact Phyllis Richard or Carla Adams to find out how you can become a crime prevention sponsor and have your logo appear on the
www.jewellerycrimecanada.ca Home Page.