Intellectual Property, often known as IP, is defined as creations of the mind that can be protected by law once they take a tangible form. Import provisions under the Copyright Act 1968, Trade Marks Act 1995 and Olympic Insignia Protection Act 1987 allow Customs, under certain circumstances, to seize goods that infringe trade marks, copyright and protected Olympic expressions. These provisions give rise to Australia's Notice of Objection Scheme.
A Notice of Objection is a legal document that allows Customs to seize imported goods that infringe trade marks, copyright or protected Olympic expressions.
Customs is restricted to seizing suspected infringing that are subject to the control of Customs and are covered by a valid Notice of Objection. If a Notice is in place, Customs may seize goods when it is considered that they appear to infringe and it appears they are intended for some commercial purposes. In some circumstances, a single product might be subject to seizure if it is believed that it will be used for commercial purposes.
A Notice of Objection under the Trade Marks Act, Copyright Act or Olympic Insignia Protection Act is valid for four years. Notices can be re-lodged to ensure ongoing protection. If the Notice is no longer required, the owner may withdraw it at any time. Separate Notices are required to protect trade marks, copyright or protected Olympic expressions.
A Notice of Objection cannot act retrospectively for goods that have already been imported.
Notices of objection
A list of companies with Notices of Objection in place can be found at: