Prohibited acts

Acts amounting to “dealing” in counterfeit goods (which is prohibited) include:

  • possession or controlling such goods in the course of business;
  • manufacturing such goods for use, other than private or domestic use;
  • selling, hiring out, bartering or exchanging of such goods or offering or exposing them for sale;
  • exhibiting such goods in public for the purposes of trade;
  • distributing such goods for the purposes of trade or any other purpose with the result that the intellectual property right owner suffers prejudice;
  • importing or exporting such goods, except for private or domestic use;
  • disposing of such goods in any other manner in the course of trade.

It is an offence for any person to perform or engage in any prohibited act, if such person knows or has reason to suspect that the goods are counterfeit goods and does not take reasonable steps to avoid the prohibited act.