Counterfeit and Copyright

Counterfeit and Copyright Service

Under the Trade Marks Act 1995, the Copyright Act 1968 and the Plant Breeder’s Rights Act 1994, counterfeiting and piracy constitute criminal offences. Criminal liability Trade marks Under the Trade Marks Act 1995 it is an offence to: - falsify a registered trade mark - falsely apply a registered trade mark - alter or remove a trade mark, knowing it is a registered trademark - make a die, block, machine or instrument that can help in falsifying or removing a trade mark - sell, possess, distribute or import a good, knowing that the trade mark has been falsified or removed. - Penalties include up to five years imprisonment and fines of up to $99 000. Copyright - Under the Copyright Act 1968 it is an offence to: knowingly import, possess, sell, distribute or commercially deal with an infringing copy offer for sale infringing copies of computer programs transmit a computer program to enable it to be copied when received. - Penalties include fines of up to $117 000 for individuals and up to $585 000 for corporations. The possible term of imprisonment is up to five years.