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Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Preliminary

118: Application of Sentencing Act 2002

You could also call this:

"Court can make you pay back money you made from breaking trademark laws"

If you break the law described in sections 120 to 124 and make money from it, the court will treat it as if you stole something. This means the judge can make you pay back the money you made. The rules about paying back money for crimes are in section 32(1)(a) and (c) of the Sentencing Act 2002. These rules will be used to decide how much you need to pay back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165021.

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Crime and justice > Courts and legal helpCrime and justice > Criminal lawBusiness > Intellectual property
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Part 4Legal proceedings
Criminal proceedings: Preliminary

118Application of Sentencing Act 2002

  1. If a person is convicted of an offence against any of sections 120 to 124 in circumstances where that offence involves the making of profit or gain,—

  2. that offence is deemed to have caused a loss of property for the purposes of section 32(1)(a) and (c) of the Sentencing Act 2002; and
    1. the provisions of that Act that relate to the imposition of the sentence of reparation apply accordingly.

      Compare
      Notes
      • Section 118 heading: amended, on , by section 17(1) of the Trade Marks Amendment Act 2011 (2011 No 71).
      • Section 118(a): amended, on , by section 17(2) of the Trade Marks Amendment Act 2011 (2011 No 71).