- Laws of Fiji

111

(1) Every person who falsely applies a registered trademark to goods or services commits an offence.

(2) For the purposes of this section and section 114, a person falsely applies a registered trademark to goods or services if—

(a)without the consent of the owner of the registered trademark, the person knowingly applies the trademark or a sign that the person knows is likely to be mistaken for that trademark to the goods or services; and
(b)in the case of an application to goods, the person knows the goods are not the genuine goods of the owner or licensee of the registered trademark.

(3) For the purposes of this section and section 114, a trademark is applied to goods or services if—

(a)the trademark is used in a sign or an advertisement including a televised advertisement or an invoice, wine list, catalogue, business letter, business paper, price list, or other commercial document; and
(b)the goods are delivered, or services provided, as the case may be, to a person in accordance with a request or order made by reference to the trademark as so used.

(4) For the purposes of this section and section 114, a sign is applied to goods or services if the sign—

(a)is applied to the goods themselves;
(b)is applied to a covering, label, reel, or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture; or
(c)is used in a manner likely to lead a person to believe that it refers to, describes, or designates the goods or services.

(5) For the purposes of subsection (4)(b)—

covering: includes a stopper, glass, bottle, vessel, box, capsule, case, frame, or wrapper; and