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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