none
none

Government crackdown on fake brands

31-08-2010
by 
in 
Government crackdown on fake brands

 

The Federal Government has introduced tough new laws aimed at protecting manufacturers and consumers from fake brands purporting to be the “real thing.”
 
Mr Mark Dreyfus, Parliamentary Secretary for Industry and Innovation, says the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 provides tough new penalties for counterfeiting and stronger powers for seizing phony imports.
 
The Act raises the maximum penalty for trademark rip-offs to five years imprisonment. Previously the maximum was two years – far less than the limit for copyright or patent infringement. 
 
Courts will have the power to impose exemplary damages against counterfeiters who might otherwise treat penalties as the “cost of doing business”. 
 
The new measures bring the enforcement of trademark law in line with other intellectual property rights, such as patents.
 
“This is good news for business and good news for Australian jobs as phony imports can undercut local products and employment, Mr Dreyfus said. 
 
“Its takes a lot of work to build strong brands, and Australian consumers appreciate knowing exactly what it is they are buying.
 
“The Act also sharpens up the process for seizure of counterfeit imports. Until now, importers bringing in counterfeit products have been able to play a game of cat-and-mouse by remaining anonymous – undercutting iconic Australian brands by bringing in cheap imports. Now Customs has the power to give trademark owners the information they need to commence prosecution.”
 
Trademark owners range from a one-man mowing service right up to iconic Australian brands like GM Holden, Fosters and Weet-Bix.  
 
“These new rules are good for all trade mark owners, regardless of their size,” Mr Dreyfus said. 
 
Australian businesses have more affordable enforcement options. 
 
For the first time, trademarks and design matters can be taken to the Federal Magistrates’ Court, rather than the more expensive Federal Court.
 
The reforms were passed on April 15 this year and come into force on April 15 next year.
 
For more information about the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, visit www.ipaustralia.gov.au

Related news & editorials

  1. 21.11.2017
    21.11.2017
    by      In
    Darcy Ewing of Kurrupt Kustoms in Albury NSW was running compressed air from a 6-year-old reciprocating piston-style compressor when (in his own words) it virtually “S*** itself!”.
    This left his high-end auto body and customisation shop in real trouble with a total shutdown of all essential... Read More
  2. 21.11.2017
    21.11.2017
    by      In
    If the recent upheavals in Australian manufacturing illustrate one truth, it is the absolute necessity for forward planning, and more to the point, the importance of planning for growth – regardless of a company’s existing size.
    While the ambition to grow a manufacturing operation is one thing,... Read More
  3. 21.11.2017
    21.11.2017
    by      In
    Blockchain technology was invented to make the world’s first crypto-currency, Bitcoin, possible. Traditional currencies rely on intermediaries like governments, banks and clearing houses to guarantee their value and process transactions. Bitcoin uses digital technologies to cut out these middlemen... Read More
  4. 21.11.2017
    21.11.2017
    by      In
    Australian Tank Engineering (ATE Tankers) has been engineering and manufacturing tankers in Australia for nearly two decades. But whereas most vehicle manufacturers have seen sales decline in recent years, ATE has elevated itself through the trend with a transformative mindset that has enabled the... Read More