36Intellectual property rights

36 Intellectual property rights

(1) A large grocery business must not infringe the intellectual property rights held by suppliers in relation to grocery products, including intellectual property rights in branding, packaging and advertising.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(2) To avoid doubt, subsection (1) does not create, confer or extend any intellectual property rights in or of the supplier. (3) In developing or producing own brand products, a large grocery business must not infringe the intellectual property rights held by a supplier in relation to grocery products, including rights relating to branding, packaging designs or advertising.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.