Trade Marks Act 1998 · 2020 Revised Edition · Part 6 · Offences
46. Counterfeiting a trade mark
Feedback & supportAny person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
A person who —
makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or
falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise,without the consent of the proprietor of the registered trade mark is deemed to counterfeit a registered trade mark.
In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;