Sunday, August 06, 2006

Chinese Counterfeit Downunder

Australia's Challenges With Chinese Counterfeit Imports

Dan Harrison (not to be confused with Dan Harris of China Law Blog) wrote for The Age an article about counterfeit imports that plague Australia. Australian Customs is doing a fine job. But according to Stephen Stern, the intellectual property practice group leader at Corrs Chambers Westgarth Australia's intellectal property law clould be improved.

  • Customs should be given the power to fine offenders. It is usually left to trademark owners to start ligitagion;
  • Stern advocates tougher penalties. The Australian Trade Marks Act 1995 provides for terms of imprisonment of up to two years, and fines of up to Australian $ 55,000 (articles 145, 146, 147, 148 in conjunction with article 149 Trade Marks Act 1995 of Australia. In comparison: Chinese criminal law provides imprisonment sentences of up to seven years, and fines of up to RMB 500,000 (US$ 62,000);

"Mr Stern pointed to the United States, where sellers of counterfeit goods could be fined the cost of the genuine items."

Read Harrison's article here.

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