Proposal re: Infringement Notice Scheme and Registered Trade Marks
The submission to the Department of Home Affairs in response to the proposal to extend the ‘infringement notice’ scheme under Part XIII Division 5 of the Customs Act 1901 (Cth) (Customs Act) to apply to a new offence (to be contained in the Commerce (Trade Descriptions) Act 1905 (Cth) – the Customs (Trade Descriptions) Act) relating to the importation of goods bearing infringing trade marks, was prepared by the Intellectual Property Committee of the Business Law Section of the Law Council of Australia.
The Committee welcomes measures that would create disincentives to the importation of counterfeit goods, and supports the idea of imposing an additional penalty on importers of counterfeit goods besides the loss of those goods. The Committee therefore supports, in principle, the proposal outlined in the Department’s consultation paper to allow the Australian Border Force (ABF) to issue infringement notices to those persons who are believed on reasonable grounds to have imported goods that infringe a registered trade mark, in contravention of the proposed new importation offence.
The one issue on which the Committee wishes to comment, and make a suggestion for a different approach, relates to the proposed timing of the infringement notice.
You can read the full submission below.