The long-awaited Trademarks Act 2019 (2019 Act) finally came into force in December 2019. The enactment of the 2019 act effectively repeals its predecessor – the Trade Marks Act 1976 (1976 act). Among its various developments, a notable addition is the criminalisation of the act of counterfeiting trademarks. Part XV of the 2019 act deals with criminal offences, which were not dealt with under the 1976 act. Prior to the enactment of the Trademarks Act 2019, the criminal offences and enforcement provisions lay within the ambit of the Trade Descriptions Act 2011 (2011 act). The 2019 act has consolidated such provisions to comprehensively cover criminal offences, enforcement and penalties within the act.
