Border Protection

In New Zealand

One of the advantages of a New Zealand registered trade mark is that it allows you to ask the NZ Customs Service to block counterfeit and infringing goods coming into New Zealand at the border, before they have gone out in the market. 

Owners of registered trade marks and their Licensees can give Notice to the Chief Executive of Customs, requesting that Customs detain goods that will infringe your trademarks. Copyright owners have very similar protections, which can be useful for un-registered trade marks which consist of logos or or other artistic works.

Notices last for 5 years, so give a period of protection that is very useful, and can be renewed as long as the mark is on the Register.

Trade mark owners are required to post an NZ$ 5000 cash bond to cover costs incurred by Customs in detaining goods. That bond earns interest which is paid to the rights holder.

Once goods are detained, notice is served on the rights holder and other parties appearing to have an interest in the goods. The rights holder then has 10 days to issues proceedings in the High Court. If proceedings are not commenced in that time, Customs may release the goods. 

McCabes has experience in acting for rights holders putting protective Notices in place with Customs, enforcing them, and for importers whose goods become subject to Customs action. Let us know if we can help. Visit the NZ Customs website for further information: 

In Australia

Owners of registered trade marks in Australia and their Licensees may notify the Australian Border Force (ABF) to seize  counterfeit and infringing goods at the border. The same service is available to copyright owners, and rights owners in relation to Olympic marks and symbols, major sporting events and other indicia.

A Notice must be lodged with the ABF, along with a Deed of Undertaking, to cover ABF costs incurred in detaining goods. A Notice lasts for 4 years, and can be renewed as long as a trade mark is on the Register.

Once goods are seized, the importer has 10 days in which to claim them; if no claim is made the goods are forfeited and usually destroyed. If a claim is made, the rights owner has 10 days in which to commence proceedings in Court, or consent to their release. For further details, visit the ABF site.

McCabes can help you set up and maintain Australian border protection processes and procedures to stop infringing goods getting into the Australian market.