The trade in counterfeit goods is big business. In the 2021-2022 financial year, around 160,000 items were seized with a value of approximately AU$60 million. A day after the Superbowl LVII final in February 2023, it was reported that US$17.5 million in counterfeit sports merchandise, including Superbowl championship rings, was seized from a store in South Carolina, USA.

The Australian Border Force (ABF) is calling on businesses to take action now to avoid the financial and reputational harm which may result from the importation of counterfeit goods. In the majority of cases when infringing goods are seized, they are abandoned or forfeited to the ABF.

The importation of a fake goods is not a victimless crime and is always harmful to businesses. Multiple sectors are now affected, with the below list identified as the regular top ten items identified:

1. Textiles
2. Toys
3. Footwear
4. Jewellery
5. Leather Goods
6. Motor vehicle spare parts
7. Pharmaceutical products
8. Electronic appliances and accessories
9. Cosmetics and perfumes
10. Mobile Phones

Lodging a Notice of Objection

The ABF is working with industry and business to promote their Notice of Objection program to reduce the importation of counterfeit goods. Brand owners should consider protecting their trade marks and copyright material by lodging a Notice of Objection with the ABF. Without a Notice in place, the infringing products will enter the Australian marketplace.

A Notice of Objection provides the ABF the authority to seize imported goods that are suspected of infringing the trade marks and copyright of your business. It is a simple and cost-effective process. There are no government fees payable when lodging the Notice, and multiple trade marks can be nominated in a single Notice.

Investigators

Dentons also liaises with IP investigators for market intelligence and surveillance. Investigators:

• can provide support in the field, by surveying local markets and known and repeat infringers;
• search for data to build risk profiles against suspected infringers or sources of infringing goods;
• attend ABF training programs, to show ABF officers legitimate goods and aspects of counterfeit goods to enable quicker seizures and/or liaise with ABF to determine whether a product seized is counterfeit. It should be noted that only registered Notice of Objection brands can attend these training sessions.

For confidential assistance with your IP enforcement program, please contact us.