Australia’s intellectual property rights system includes the right to one’s own invention or work, and allows the owner to apply for patents, copyrights, trademarks and more.

Under the trademarks act of 1995 it is an offence to falsify, apply, alter, or remove a registered trademark as well as making a machine or tool to help in falsifying or removing the trademark.  Sale or distribution of a good without the trademark is prohibited as well.

Breaches of these rules can result in up to five years of prison and fines up to $99,000.

Under the Copyright Act of 1968, it is unacceptable to possess, deal, or sell an infringing copy.  It is also an offence to offer infringing copies of computer programs for sale or to transmit a computer program to enable it to be copied and received.

Penalties include fines of up to $117,000 for individuals and up to $585,000 for corporations.  The possible term of imprisonment is up to five years.

Under the Plant Breeder’s Rights Act of 1994 it is an offence to make a false statement in an application or document, to falsely claim ownership of a plant breeder’s right (PBR), to falsely claim a PBR extends to cover another plant variety that isn’t a dependant variety or essentially derived from their variety, or to falsely claim a plant variety has been granted PBR protection.

Penalties include up to six months imprisonment and fines of up to $10,800.

Citilawyers assists individuals and businesses with all matters related to intellectual property by providing professional and tailored legal advice and support. Call us today on (02) 9233 7777 or send us a message.