The Australian Border Force (ABF) has released an official notice titled:
PROTECTING INTELLECTUAL PROPERTY
Import provisions under the Copyright Act allow the ABF, under certain circumstances to seize goods that infringe trademarks or copyright.
What can I do to protect Intellectual Property?
To protect trademarks, copyright material, protected Olympic expressions, or protected indicia and images from counterfeit, pirated or unauthorised importation, the owner must have a Notice in place with the ABF.
What is Intellectual Property?
Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs, symbols, names and images used in commerce. IP may be protected by law by way of trademarks and copyright, Protected Olympic insignia and major sporting events indicia and images once they take a tangible form.
Why protect Intellectual Property?
The decision to protect intellectual property by lodging a Notice of Objection is one that each rights owner must make based on the potential damage to trade and reputation that the owner considers may result from the importation of infringing goods.
What is a Notice of Objection?
A Notice of Objection is a legal document that allows the ABF to seize imported goods that infringe trademarks, copyright, protected Olympic expressions, and related major sporting events indicia and images. A Notice must be accompanied by a Deed of Undertaking. This is a formal undertaking by the objector agreeing to repay the costs resulting from any seizures made (i.e. transportation, storage and destruction costs).
What happens when goods are seized by the ABF?
When goods are seized the importer and the objector or legal representative will be notified in writing; the date of issuance of the seizure notice signifies the commencement of the claim period. The claim period is ten working days from the date of notification. The importer must make a claim for the release of the seized goods within the claim period. If no claim for release is made within the claim period, then the goods are deemed forfeited.
If the importer makes a claim for release of the goods within the claim period, the objector will be notified (this signifies the commencement of the action period) and they will have ten working days to:
· commence legal action
· consent to the release of the goods to the importer.
If the objector does not commence legal action within the action period the ABF must release the goods to the importer subject to all other legislative requirements being met.
Should the objector commence legal action, the ABF will hold the seized goods pending final determination by the courts on whether the goods infringe a rights holders IP rights.
This determination by the courts will make an order that the goods be:
· released to the importer
· forfeited to the Commonwealth.
If the goods are forfeited, the ABF will dispose of the goods as directed by the relevant delegate, usually by
destruction.
To read the full PDF document from the ABF click HERE.
As licensed Customs Brokers and International Freight Forwarders, Colless Young provides you with a complete range of logistics services, both airfreight and sea cargo, through all Australian ports and airports. We offer you professional advice on all matters related to international shipping and clearance through Customs & quarantine. This includes imports, exports, trucking, warehousing and fumigation treatment.
