The importation and sale of pirated and counterfeit goods in Australia lessens the value of legitimate brand names, erodes profits and damages business reputation.
The Davies Collison Cave team of specialist attorneys will provide innovative and commercially tailored solutions to help prevent pirated and counterfeit goods from being manufactured, imported or sold in Australia.
Our activities include:
- Protecting intellectual property rights at the border, by lodging Copyright and Trade Mark Notices of Objection with Australian Customs. We also train Customs officials in the identification of counterfeit goods, so that counterfeit goods imported into Australia can be readily identified and seized.
- Liaising with Australian Customs and importers of counterfeit goods to ensure that counterfeit goods seized by Australian Customs are destroyed and undertakings are procured from the importer.
- Recommending and implementing appropriate monitoring and enforcement regimes. These can include the use of cease and desist letters and take-down notifications whenever pirated or counterfeit goods are detected in the Australian marketplace, so that counterfeit goods are withdrawn from sale and destroyed.
- Providing advice on anti-counterfeiting advertising campaigns to educate Australian consumers about the presence of counterfeit goods in the marketplace, and giving them tips for identifying genuine goods.
- Notifying regulatory authorities if counterfeit goods pose safety issues or do not otherwise comply with Australian standards or labelling laws.
- Commencing litigation against traders who import, sell or manufacture counterfeit goods. We will file trade mark, copyright, patent or design infringement proceedings, or proceedings for passing off or breaches of the Australian Consumer Law (as appropriate) in the Australian Federal Court. We may seek injunctions, delivery or destruction of the infringing goods, declarations of infringement, and monetary relief (including compensatory damages or an account of profits, and additional damages for flagrant conduct).