Schedule 5 - Improving mechanisms for trade mark and copyright enforcement

Understanding Intellectual Property Learn about IP and how it applies to you and your business
- IP in everyday life
  Use our interactive web page to learn how you encounter IP in everyday life
  
  Every day you come into contact with products that have protected intellectual property (IP). Whether it is your brand of bread, or the armchair you sit in, the car you drive, or the shoes you wear. IP is everywhere.
  Read more
- What is IP
  
  IP stands for 'intellectual property'. Understanding IP is critical to protecting your unique ideas. The IP glossary will help explain the most important IP words, terms and concepts.
- Why use IP
  
  IP rights are an incentive to encourage and reward innovation. Understand the values and attributes that go into an IP right and the business benefits.
- How to use IP
  
  There are a number of ways you can protect your IP, including the how, what and alternative protection methods. Make sure you get the right advice about IP.
- Ownership of IP
  
  IP rights establish ownership and rights to use intellectual property. Learn how you document the ownership of your IP and the crown use of IP.
- Commercialise your IP
  
  Commercialising your IP is the process you undertake to get your products or services into the market place, including how to commercialise internationally, licensing, and commercialising indigenous business.
- IP for business
  
  IP can signficantly affect how you start a business and expand its potential. Areas to consider include an IP audit, franchising, branding, doing business overseas and financial matters.
- IP for designers
  
  Designers create IP. It is a valuable business asset. Architecture, graphic, jewellery and fasion are some of the areas included in the design industry that need to protect their creative output.
- IP for education and training
  
  IP activities for schools and information resources for higher education. Web interactives showcasing IP in everyday life and a history of Aussie innovations.
- Case studies
  
  Case studies are a fascinating way to understand IP and how it applies to you and your business.
Get The Right IP Information about the right IP protection for you
- eServices
  Use our online system to apply and manage your intellectual property
  
  eServices is a secure, reliable and convenient way to access a range of IP Australia's transactions and services. With eServices, you can apply for an IP right or make a payment to renew your IP right.
  Read more
- Choosing the right IP
  
  Having trouble figuring out which IP right is suitable for you? Try our interactive assistant to guide you to the most appropriate choice.
- Patents
  
  A patent is a right granted for any device, substance, method or process that is new, inventive and useful. Find out more on the application process, time and costs, searching for a patent and how to apply.
- Trade marks
  
  A trade mark is a right that is granted for a logo, picture, letter, number, word, phrase, sound, smell and/or aspect of packaging. Find out more on the application process, time and costs, searching for a trade mark and how to apply.
- Designs
  
  A designs refers to the features of shape, configuration, pattern or ornmaentation that gives a product a unique appearance. Find out more on the applicaiton process, time and costs, searching for a design and how to apply.
- Plant Breeder's Rights
  
  Plant Breeder's Right (PBR) are used to protect new varieties of plants that are distinguishable, uniform and stable. Find out more on the application process, time and costs, searching for a PBR and how to apply.
- Copyright
  
  Copyright protection is free and automatic in Australia and protects the original expression of ideas, but not the ideas themselves. How does it work and what are the latest changes?
- Other types of IP
  
  The four IP rights areas administered by IP Australia are not the only types of IP available. Your product may require protection under copyright, circuit layout rights, confidentiality and/or trade secrets.
- eServices
  
  Access a number of online transactions, including new applications and renewals for existing IP rights.
- Forms
  
  A comprehensive list of all our forms, including links to online and printable forms.
Manage Your IP Renew, amend and review your IP
- Change your name or address
  It's important to keep your contact details up to date.
  
  Learn more about how to update your contact details for different IP Rights. It's important for IP Australia to have your current contact details in case we need to contact you.
  Read more
- Renew your IP
  
  You must pay the appropriate renewal fees on time to maintain your IP rights. All four IP rights require periodic registration renewal.
- Amend your IP
  
  All IP rights can be considered for amendment. All amendment requests will be assessed by an examiner.
- Change your name or address
  
  Please notify us as soon as possible if your name or address details change.
- Review your IP
  
  Intellectual Property (IP) can add substantially to your company's total value and it is essential that you account for it. When and how should you review your IP and how to value your IP assets?
IP infringement Enforcing your IP and how to avoid infringing on others' IP
- IP protection for a beach chair
  A case study on how to protect IP for a beach chair
  
  The Sand Wedge is a beach chair with a difference. Compact and lightweight, it's a back pack, beach bag, beach seat and sun lounge all in one.
  Read more
- Enforcing your IP
  
  Taking action against a person who infringes your IP rights is known as enforcement. Enforcing your IP includes protecting your IP online, resolving disputes, going to court, IP insurance, getting help and enforcing your IP rights overseas.
- Infringing on others' IP
  
  How do you develop a basic infringement avoidance strategy, and how to respond if you are accused of infringement?
- Counterfeiting and piracy
  
  It is important to only claim a legally registered IP, as certain breaches may leave you criminally liable.
- Unsolicited IP services
  
  Inventors, designers and businesses should be wary of unsolicited or fradulent IP protection, promotional or advertising services.
About Us Information on IP Australia
- IP Reform
  Intellectual property is the currency of today's knowledge economy.
  
  In order to strike a balance between public and private interests, the IP system must support and encourage innovation. The purpose of the reforms is to make improvements to the legislation that covers IP rights to achieve this aim.
  Read more
- What we do
  
  We administer legislation that governs four types of IP rights in Australia, which has a long history.
- Contact us
  
  Contact us by phone, write us an email or visit us in person. Alternatively, use our feedback form to have your say.
- Corporate
  
  Read more about our customer service charter, tenders, contracts and files, reports and our current IT initiatives.
- IP Reforms
  
  Updates on the Intellectual Property Laws Amendment (Raising the Bar) Act.
- Public Consultations
  
  We have a number of current consultations and reviews, and we are committed to involving anyone who is interested.
- Careers
  
  Find out more about working for IP Australia, including our current vacancies, non-ongoing register, Indigenous recruitment and tips for applicants.
- Freedom of information
  
  The Freedom of Information Act 1982 gives any person the right to access copies of documents and request information we hold.
- Regulatory and advisory bodies
  
  There are five main IP regulatory and advisory bodies that IP Australia corresponds with in addition to professional organisations and committees.
- News and media
  
  Find out about our latest news, featured articles, official notices, events, press kits and how you can stay informed.
- Publications
  
  Our print publications in a downloadable format.
- About this site
  
  Review our accessibility statement, system availability, disclaimer, terms and conditions and our sitemap.

Schedule 5 - Improving mechanisms for trade mark and copyright enforcement

TRADE MARKS REGULATIONS 1995 & COPYRIGHT REGULATIONS 1969

Notice of seizure and claim for release of copies or goods

The Australian Customs and Border Protection Service (Customs) has the power to seize and hold imported goods that infringe copyright and registered trade marks where the IP right owner has lodged a Notice of Objection with Customs.

Changes are made to the information that an importer must provide to Customs when making a claim for the release of seized copies or goods. This information will include the importer’s full name, addresses and telephone number.

Customs will then be able to provide the importer’s details to the IP right owner, enabling the IP right owner to start infringement proceedings if necessary.

Last Updated: 30/1/2013

Meet Philip
Bachelor of Commerce and Economics

Trade Mark Examiner
Learn more about working with us