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Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Offences and penalties

125: Penalties for offences

You could also call this:

"What happens if you break trade mark rules"

If you break certain trade mark laws, you can get in big trouble. These laws are found in sections 120, 121, 122, 123, and 124 of the Trade Marks Act 2002.

If you break the rules in sections 120, 121, 122, or 123, you might have to pay a fine or go to jail. The fine can be up to $10,000 for each product or service involved in the offence, but it won't be more than $150,000 for one incident. Instead of a fine, you might go to jail for up to 5 years.

If you break the rules in section 124, you might have to pay a fine of up to $150,000 or go to jail for up to 5 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165033.

Topics:
Business > Intellectual propertyCrime and justice > Criminal law
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124: Offence to import or sell, etc, goods with falsely applied registered trade mark, or

"It's illegal to bring, sell, or have goods with fake trade marks for business"

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126: Order for delivery up in criminal proceedings, or

"Court can order you to give up fake trade mark items if you're accused of trade mark crimes"

Part 4Legal proceedings
Criminal proceedings: Offences and penalties

125Penalties for offences

  1. Every person who is convicted of an offence against—

  2. section 120 or section 121 or section 122 or section 123 is liable on conviction to—
    1. a fine not exceeding $10,000 for each of the goods or services to which the offence relates, but not exceeding $150,000 in respect of the same transaction; or
      1. imprisonment for a term not exceeding 5 years; or
      2. section 124 is liable on conviction to—
        1. a fine not exceeding $150,000; or
          1. imprisonment for a term not exceeding 5 years.