Trade Marks Act 1995
The offering for sale or hire of unauthorised copies of films in any format, whose licence belongs to members, may be conduct which infringes the trade marks of the members or their licensees and/or which passes off the product as authorised copies when they are not.
Section 148 – it is an offence for a person to sell/expose for sale/ or have in their possession for the purpose of sale or manufacture, video or optical disc products; knowing that or reckless of whether or not:
• a falsified registered trade mark is applied to them or in relation to them; or
• a registered trade mark is falsely applied to them or in relation to them.
Section 149 – sets out the penalties for contravention of Section 148. Offenders may be liable to a maximum fine of $55,000 for each offence and/or 2 years imprisonment.
