How can Customs help
A trade mark or copyright owner can request that Customs prevents infringing goods from being imported into Australia.
This provision is primarily designed to temporarily stop the importation and distribution of goods that were manufactured overseas without your approval while you seek court orders to permanently prevent them from being imported.
A Customs notification should only be exercised when you are reasonably confident that there has been an infringement and that you are prepared to incur the costs of proceeding to court action in order to enforce your rights.
Lodge a Customs notification
To obtain Customs help, the owner must lodge a notice of objection that sets out the nature of the IP rights and the goods or product in question.
Seizure of infringing goods
Customs officers will seize any goods infringing either the copyright or the trade marks covered by the notification.
You have 10 working days to take action against the importer. During that time, Customs will detain the products.
At the end of 10 working days the goods will be released to the importer unless you have initiated legal proceedings and have obtained an appropriate order from the court.
Customs is not obliged to take action. If you do not commence legal action, then you may find it difficult to enlist Customs assistance in the future.
Last Updated: 11/12/2012
