Trade Mark Counterfeit - Review of penalties and additional damages

IP Australia has recently completed a review of the penalty provisions in the Trade Marks Act 1995. The review also considered additional damages in civil actions for trade marks.

IP Australia considers that the maximum penalties for indictable offences should be raised to the same level as in the Copyright Act primarily because of the Commonwealth policy of consistency of penalty levels between similar offences.

IP Australia considers that introducing additional damages as an available remedy for civil actions  should be adopted primarily to allow for a punitive response where necessary in civil action for trade mark infringement.

IP Australia is seeking written comments by 27 February 2009.