Counterfeiting and piracy

Under the Copyright Act 1968, the Trade Marks Act 1995 and the Plant Breeder’s Rights Act 1994, piracy and forgery 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 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.

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.

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.

 

Last updated: 
23 March 2016