The Australian government has introduced intellectual property (IP) reforms which dish out tough new penalties for counterfeiting and phony imports.
Parliamentary Secretary for Industry and Innovation, Mark Dreyfus said the new Intellectual Property Laws Amendment (Raising the Bar) Act 2012, will provide the public “greater protection from fake brands masquerading as the real thing”.
The Act raises the maximum penalty for trademark rip-offs, from two to five years imprisonment – far less than the limit for copyright or patent infringement.
Courts now also have the power to impose exemplary damages against counterfeiters who might otherwise treat penalties as the “cost of doing business”.
Dreyfus said these measures bring the enforcement of trade mark 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. Its takes a lot of work to build strong brands, and Australian consumers appreciate knowing exactly what it is they are buying,” he said.
“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.”
Dreyfus added that Australian businesses will now also have access to more affordable enforcement options.
For the first time, trade marks and design matters can be taken to the Federal Magistrates’ Court, rather than the more expensive Federal Court.
The reforms were passed into law on April 15 2012 and will come into force on April 15 next year.
Raising the Bar is the latest in a series of reforms by the Gillard Labor Government, complementing the R &D Tax Incentive introduced last year.
For more information about the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, click here.