As IP practitioners, you have probably noticed
counterfeit watches being sold at local markets, sometimes hidden
from immediate view by the seller. Over the past ~30 years, growth
in online retailing (including third party retailers) has allowed
counterfeiters to flourish and expand into goods such as footwear,
leather goods, perfumes, jewellery and even pharmaceuticals. A 2019
OECD Report puts the value of counterfeit and pirated goods at
US$509 Billion which corresponds to approximately 3.3% of global
trade.
Criminal Offences under Trade Marks Act 1995
So what can brand owners do to combat the counterfeiters in
Australia? Apart from commencing trade mark infringement
proceedings, Part 14 of Australia's Trade Marks Act
1995 also outlines a series of criminal offences in relation
to registered trade marks, including:
