What is a false trade description?
A description of goods made in the course of a business that is false in respect of certain facts (see trade description).
What do you mean by trade description?
As the name suggests, Trade Description briefly describes the service or product that a company or an individual is going to sell. The main aim of adding its description is to prevent retailers, manufacturers, or service providers from misleading customers.
What is the Trades description Act 2010?
Title: Trade Descriptions Act It replaced and expanded the old Merchandise Marks laws dealing with mis-description of goods in general and its particular job is to ensure, as far as possible, that people tell the truth about goods, prices and services. This Act makes it an offence if a trader.
What is the Trade Descriptions Act 1968 and 1972?
a UK Act (1968) which makes it an offence to apply a false or misleading description to a GOOD or SERVICE and a false or misleading indication as to the PRICE of a good or service.
What is the Trades Description Act 2010?
What is false trade description under trademark law?
false trade description” means– (i) a trade description which is untrue or misleading in a material respect as regards trade description is a trade mark or part of a trade mark shall not prevent such trade description being. Central Government Act.
What replaced the Trade Practices Act 1974?
The Competition and Consumer Act 2010 (which replaced the Trade Practices Act 1974 on 1 January 2011) aims to give businesses a fair and competitive operating environment. It covers anti-competitive conduct, price fixing, unconscionable conduct and other issues, such as advertising.
What is the Trade Descriptions Act 2011?
The Trade Descriptions Act (TDA) makes it an offence for traders to falsely describe goods and services. It would, for example, be an offence for a tour operator to say a hotel has air conditioning when it does not, or for a retailer to say a handbag is leather when it is plastic.
What does the Trade Descriptions Act cover?
The Trade Descriptions Act 1968 made it an offence for businesses or salespeople to sell a product or service based on misinformation. The Act forced them to be more truthful about their service or product and not deliberately mislead consumers into spending their money on a false claim.
What is the penalty for selling goods with false trademark?
Section 103 of the Trade Marks Act, 1999, states the penalty for applying false trademarks, trade descriptions etc.: According to this Section, any person who falsifies any trade mark as defined under section 102 of the Trade Marks Act., shall be punishable with the imprisonment for a term which shall not be less than …
When did the ACL replace the TPA?
2010
A number of changes have been made to the Trade Practices Act 1974 (Cth) (TPA) as Australian Consumer Law (ACL) reforms have been progressively implemented, with the final portion commencing on 1 January 2011. In addition to these changes the TPA has been renamed the Competition and Consumer Act 2010 (Cth) (CCA).
What is the long title of the Competition and Consumer Act 2010?
The Competition and Consumer Act 2010 (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA).
What Does Trade Descriptions Act 1968 cover?
The Trade Descriptions Act 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on.
Is the Consumer Protection Act 1987 still in force?
Consumer Protection Act 1987 is up to date with all changes known to be in force on or before 06 July 2022. There are changes that may be brought into force at a future date.
How can a trademark be violated?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is the Trade Practices Act now called?
The ACCC is an independent statutory authority that enforces the Competition and Consumer Act 2010 (previously the Trade Practices Act 1974) and other legislation.
When was the ACL introduced?
June 2009
June 2009 The Australian Government introduced the Trade Practices Amendment (Australian Consumer Law) Bill 2009 into Parliament to create the ACL and to implement key elements of the ACL, including unfair contract terms provisions.
What laws did the Consumer Rights Act 2015 replace?
The Consumer Rights Act 2015 (CRA) came into force on 1 October 2015. It repealed most consumer specific legislation including The Unfair Contract Terms Act 1977 (UCTA), the Sale of Goods Act 1979 (SOGA) and the Supply of Goods and Services Act 1982 (SOGSA).
What is the consumer Act 2007?
The Consumer Protection Act 2007 (CPA) provides protection to the consumer through a variety of measures; ensuring compliance with consumer legislation, self-regulation (codes of practice) and a set of enforcement measures. The CPA applies before, during and after a transaction has taken place.
What is Trade Descriptions Act?
Trade Descriptions Acts 1968 and 1972. a UK Act (1968) which makes it an offence to apply a false or misleading description to a GOOD or SERVICE and a false or misleading indication as to the PRICE of a good or service.
Are there any fines under the Trade Descriptions Act 1968?
Fines may be imposed if they were prosecuted under the Act. Although the Trade Descriptions Act 1968 is technically still valid, it has been largely superseded by the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
What is a false or misleading trade description?
a UK Act (1968) which makes it an offence to apply a false or misleading description to a GOOD or SERVICE and a false or misleading indication as to the PRICE of a good or service. The term ‘trade description’ is defined broadly to include, for example, quantity, size of gauge, composition, fitness for purpose,…
When are goods supplied as goods corresponding to trade descriptions?
(3) Where goods are supplied in pursuance of a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description, the person supplying the goods shall be deemed to have applied that trade description to the goods.