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In Australia you can file a Notice of Objection with the Australian Customs Service ("ACS") which allows customs to seize any goods entering Australia that are suspected of infringing your intellectual property rights.
Changes made on 1 July 2008 enable IP rights holders to provide copyright and trademark materials to the ACS electronically, which will then be loaded into the ACS database. This development means that you can now provide electronic information to assist the ACS in identifing counterfeit versions of your product.
The benefit of lodging a Notice of Objection is twofold. Firstly, it gives rise to a greater possibility that the ACS will take action to stop counterfeit products and brands entering Australia. Secondly, because the list of protective trademarks and copyright is public, you can help deter people from importing counterfeit versions of your products and brands. If a counterfeiter is aware that the ACS is likely to seize goods before they enter Australia, they are less likely to target your product and/or brand.
Many of the larger companies in Australia already take advantage of this scheme, however, it is not well known to smaller enterprises.
In view of this improved system you should:
Please contact Tal Williams on (02) 9458 7241 or John Pagacs on (02) 9458 7006 if you would like assistance in registering your intellectual property or preparing a Notice of Objection for submission to the ACS.
Tal Williams
Partner
Corporate Law & Commercial Litigation
