s 148

Goods with false trade marks

In force

Indictable offence

(1)

A person commits an offence if:

(a)

the person:

(i)

sells goods; or

(ii)

exposes goods for sale; or

(iii)

possesses goods for the purpose of trade or manufacture; or

(iv)

imports goods into Australia for the purpose of trade or manufacture; and

(b)

any of the following applies:

(i)

there is a registered trade mark on the goods;

(ii)

there is a mark or sign on the goods that is substantially identical to a registered trade mark;

(iii)

a registered trade mark on the goods has been altered, defaced, added to, wholly or partly removed, erased or obliterated; and

(c)

the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated, as the case requires, without:

(i)

the permission of the registered owner, or an authorised user, of the trade mark; or

(ii)

the application being required or authorised 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.

Summary offence

(2)

A person commits an offence if:

(a)

the person:

(i)

sells goods; or

(ii)

exposes goods for sale; or

(iii)

possesses goods for the purpose of trade or manufacture; or

(iv)

imports goods into Australia for the purpose of trade or manufacture; and

(b)

any of the following applies:

(i)

there is a registered trade mark applied to the goods;

(ii)

there is a mark or sign applied to the goods that is substantially identical to a registered trade mark;

(iii)

a registered trade mark applied to the goods has been altered, defaced, added to, wholly or partly removed, erased or obliterated; and

(c)

the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated, as the case requires, without:

(i)

the permission of the registered owner, or an authorised user, of the trade mark; or

(ii)

the application being required or authorised 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.

(3)

The fault element for paragraphs (2)(b) and (c) is negligence.

Note 1:

For registered trade mark see section 6.

Note 2:

For applied to goods see section 9.

Note 3:

International trade marks may be protected under the regulations: see Part 17A.

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