148Goods with false trade marks

148 Goods with false trade marks

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.