Falsifying or removing a registered trade mark
145 Falsifying or removing a registered trade mark
Indictable offence
A person commits an offence if:
a registered trade mark has been applied to goods, or in relation to goods or services; and
the goods or services are being, or are to be, dealt with or provided in the course of trade; and
the person:
alters or defaces the trade mark; or
makes any addition to the trade mark; or
wholly or partly removes, erases or obliterates the trade mark; and
the person does so without:
the permission of the registered owner, or an authorised user, of the trade mark; or
being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
For registered trade mark and registered owner see section 6.
For authorised user see section 8.
For applied to goods and applied in relation to goods or services see section 9.
International trade marks may be protected under the regulations: see Part 17A.
Summary offence
A person commits an offence if:
a registered trade mark has been applied to goods, or in relation to goods or services; and
the goods or services are being, or are to be, dealt with or provided in the course of trade; and
the person:
alters or defaces the trade mark; or
makes any addition to the trade mark; or
wholly or partly removes, erases or obliterates the trade mark; and
the person does so without:
the permission of the registered owner, or an authorised user, of the trade mark; or
being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
The fault element for paragraphs (2)(a), (b) and (d) is negligence.
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