Australian Customs Service launches new IP database

13 August 2008
In Australia you can file a Notice of Objection with the Australian Customs Service (the ACS) to protect your IP rights at the Australian border. The ACS can then seize any goods entering Australia that are suspected of infringing your IP rights.

On 1 July 2008, the ACS launched an IP database to streamline the management of information for the Notice of Objection scheme. This is a significant change to the previous system and should enhance the ACS’s abilities in stopping counterfeits at the Australian border.

Public list of Notices of Objection

The IP database will make all Notices of Objection publicly available on the ACS website.  This can help deter people from importing counterfeit versions of your products or brands.

All regional ACS officers from throughout Australia will also have access to a central IP database to check whether a Notice is in place in relation to a particular trade mark or copyright work.

Only current Notices will be appear on the IP database.  This means that rights holders will need to ensure that details of current Notices are correct, and that the Notices are renewed in a timely manner.

Confidential electronic brand protection information

IP rights holders will now be able to provide copyright and trade mark materials to the ACS in electronic format, which will be loaded into the IP database. 

For example, you could provide the ACS with a PowerPoint presentation on how to identify counterfeit versions of your product.  This type of information is useful for ACS officers trying to identify counterfeit goods.

Any brand protection information provided to the ACS will remain in confidence, and access to the information on the IP database will be restricted to ACS officers.

What do I need to do to best use this system?

With the IP database system in place, this is a good time to:

  • Consider whether you have adequate Notices in place covering your important trade marks and copyright works.  If not, file them as soon as possible.
  • Ensure that your Notices are up-to-date and the details are correct.
  • Ensure that your Australian trade mark registrations are still valid (as you can only file a Notice for a trade mark if it is registered in Australia).
  • Consider providing the ACS with electronic brand protection information.