Counterfeiting involves the application of a trade mark to goods without the trade mark holder’s permission. To combat the trade in counterfeit goods this Act sets out the rules for registration of trade marks, and then goes on to create a large number of offences for the unauthorised use of trade marks, eg it is an offence to produce, sell or be in possession of counterfeit goods. There are also offences relating to the ‘tools of the trade’, eg print screens or other articles used in the making of counterfeit goods.
Counterfeit goods may be seized as evidence and courts have the power to order the destruction or disposal of such goods.
