Customs seizure of goods that infringe registered designs

IP Australia received a submission from a stakeholder that proposed introducing a border enforcement regime for registered designs that would allow design owners to request the Australian Border Force to seize good suspected of infringing a registered design.

At a glance

Policy ID: 160

Status: On hold

Priority: Low

Design rights

Issue Summary

IP Australia received a submission from a stakeholder that proposed introducing a border enforcement regime for registered designs that would allow design owners to request the Australian Border Force to seize good suspected of infringing a registered design.

Australia currently has border enforcement arrangements for some intellectual property rights, including trade marks and copyright, but there is no equivalent regime under the Designs Act 2003. The proposal argues that, given that the majority of counterfeit goods are sourced from overseas, it would be desirable to enable registered design owners to utilise a customs seizure regime to control the importation of such goods into Australia.

History

On Hold, 28 September 2026

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