See Also
What is IP crime?
If you own an intellectual property (IP) right such as a copyright, design, patent or trade mark, then others can not manufacture, use, sell or import it without prior permission. Unauthorised use of someone's IP can be classed as IP crime and may lead to prosecution.
Counterfeiting generally relates to wilful trade mark infringement, while piracy generally relates to wilful copyright infringement.
Examples of counterfeiting could be:
- clothing
- footwear
- handbags
- perfume
- automotive parts
- pharmaceuticals
For more information, see trade mark crime.
Examples of piracy could be:
- Digital Versatile Discs (DVD's)
- Compact Discs (CD's)
- unauthorised downloading of music from the internet
- Software
For more information, see copyright crime.
There is a fine line between counterfeiting and piracy and it’s not uncommon for the two to overlap.
How do you enforce your IP rights?
As an IP right owner you can show your IP is protected and take legal action using civil law provisions to seek injuctions and or claim damages if your IP right is infringed.You should seek advice from a legal professional (such as a Patent or Trade Mark attorney) before entering into any disputes. You can safeguard against legal costs by taking out an insurance policy.
The unauthorised use of your IP is a criminal offence in some instances and can lead to prosecution under Section 94 of the Trade Mark Act in relation to Trade Mark infringement, and Sections 107A and 198 of the Copyright, Design, and Patent Act in relation to Copyright infringement.
It may be worthwhile, however, for you to try and find a solution with the infringer before taking any potentially costly legal action. (link to resolving disputes Mediation)
How do you report IP crime?
We are not a prosecuting agency, so we cannot provide advice to either party.