Country of Origin Infringements

The Australian Border Force (ABF) is continuing its operational focus on trade enforcement, seizing ten Chinese-made pianos falsely claiming to be Australian made. The pianos were to be transhipped back to China and would likely have been passed off as “Australian Made”.

The instruments arrived into Brisbane in June 2018 and carried a number of logos and stamps, including one very similar to the iconic green-and-gold Australian Made logo. The logo claimed the products were “designed and assembled in Australia”.

ABF officers contacted the Australian Made Campaign Ltd (AMCL) and formally seized the goods under the Trade Marks Act 1995 for infringing trademarks under the Notice of Objection Scheme.  A Notice of Objection gives the ABF the authority to intercept and detain suspected counterfeit goods for a period of time, allowing a rights holder to take legal action against the importer. The importer initially filed a claim to have the seized goods released, providing evidence that they had registered the AMCL logo as a trademark in China, but later backed down and consented to forfeit the items.

Australia has an excellent reputation for producing quality products and the ABF, as Australia’s customs service, plays a vital role in protecting the name of Australian-made goods. ABF officers are trained to identify breaches of intellectual property rights and work closely with rights holders to identify goods of concern. By detecting and seizing these goods, the ABF is protecting Australian companies and ensuring a level playing field for all manufacturers, importers and exporters.

The pianos are currently being held while arrangements are made for their disposal.