Counterfeiting (or piracy) is the fraudulent usage of intellectual capital, more specifically intellectual property. Counterfeiting is now a global epidemic attracting organised crime and terrorist organisations. Estimates of the value of the counterfeit trade in goods around the world are in the order of $600 billion per year.
Hundreds of thousands of people have been killed or injured by counterfeit products (such as eye drops, toothpaste, medicines) damaging brand and corporation images in the process.
Enforcement measures include the right to obtain an injunction and damages or an account of profits under Intellectual Property legislation in the fields of trade marks, patents, industrial designs, copyright and circuit layout (protects integrated circuits in a copyright like manner).
Common law actions also available under the heads of passing off (for misrepresentation as the nature or source of the goods) and under consumer protection legislation (for conduct likely to mislead or for false representation).
Customs Watches are also available to be used as a means of preventing the importation of counterfeit goods. This involves the seizure of counterfeit goods by the Federal Customs Department and usually results in the forfeiture of such goods.
Remedies can be criminal in nature and involve fines and/or imprisonment. Such type of remedy involves the co-operation of Federal Police and can involve raids on markets or retailing premises.
CHRYSLEGAL has a focus on assisting clients in piracy matters, the Principal having acted for major entertainment companies in the protection of their properties.
Counterfeit Goods/Piracy