IP Regulations - schedule 5
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Customs seizure - details on the claim for release form
Item [1] - Copyright regulations 22B
Item [2] - Trade Marks regulations 13.5
The Raising the Bar Act introduces new measures to identify importers of seized goods. When allegedly infringing goods are seized, importers must fill out a form called a 'claim for release' for the return of those goods. This helps genuine trade mark and copyright owners know whom they are dealing with. Armed with this knowledge, they can enforce their rights and make a more informed decision about pursuing legal action.
Stakeholders considered that the form should refer to the full name of the importer, and also require a telephone number and email address. Others also noted that importers of seized goods should be required to indicate their address for service.
Outcome
IP Australia proposes to revise the regulations to adopt these changes, apart from requiring the email address. We are consulting with the Australian Customs Service on the option of including an email address on the form, but not make it a mandatory requirement as not everyone has a valid email address.
Other issues
Stakeholders pointed out a small number of editorial issues that require correction. IP Australia proposes to correct these errors in the draft regulations.
Last Updated: 18/1/2013
