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 trade mark
make a die or equipment 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 in jail and fines of up to $99 000.
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.
Plant Breeder’s Rights
Under the Plant Breeder’s Rights Act 1994 it is an offence to:
- make a false statement in an application or other official document
- falsely claim ownership of a plant breeder’s right (PBR)
- falsely claim a PBR extends to cover another plant variety that isn’t a dependant variety or essentially derived from their variety
- falsely claim a plant variety has been granted PBR protection
Penalties include fines up to $10 800. The possible term of imprisonment is up to six months.