The Trade Marks Act 1995 (Cth) and Copyright Act 1968 (Cth) contain provisions which obligate Customs to seize imported goods that are suspected of infringing copyright or trade marks upon request by an IP rights owner. This can be done by lodging a Notice of Objection with Customs and the IP owner or their legal representative will be notified of any infringing goods that come into Australia. The vast majority of such goods are voluntarily forfeited by the importer although sometimes legal proceedings should be commenced to stop the seized goods being released. We may request for inspection or removing multiple samples of such products while Customs detains the products. Custom Notices will last for a period of 4 years which can be renewed for further a 4 year period upon request.
Recording Custom Notices are an effective way of enforcing your IP rights, especially counterfeiting products that are manufactured overseas as it will stop infringing products from entering the marketplace before they can even get into Australia.
We co-ordinate trade marks and copyright owners’ anti-counterfeiting efforts by interacting with Australian and New Zealand Customs agencies.
For more information, call us today on (02) 9233 1411 or send us an online enquiry.