Enforce your intellectual property rights against counterfeiters and use border protection measures to proactively protect your intellectual property.
What do we mean by ‘counterfeit’ goods?
Counterfeit goods are unauthorised and infringing look-a-likes or copies. Counterfeit goods may infringe a host of intellectual property rights, from registered or unregistered trade marks, to copyright and registered designs. In New Zealand and Australia, most counterfeit goods are manufactured and packaged overseas and then imported.
How can Baldwins help?
We specialise in anti-counterfeiting advice, strategy and prompt action, including issuing cease and desist letters and issuing infringement proceedings. We can seek remedies including injunctions, delivery up or destruction of counterfeit goods, as well as damages or an account of profits. We monitor well known New Zealand marketplace websites for our clients (see our trade mark searching page for more about this), and work with our clients’ local authorised distributors to obtaining results quickly.
How border protection measures may assist
An effective and inexpensive means of preventing counterfeit goods entering New Zealand or Australia is to place copyright or trade mark notices with Customs. These notices enable Customs to detain suspected counterfeit goods at the border. If you would like to learn more about Customs notices, please see our border protection page.
Is counterfeiting different to piracy?
Counterfeiting is slightly different to piracy. Piracy is the unauthorised copying of goods that are protected by copyright under the Copyright Act 1994, where none of the exceptions (or permitted uses) to unauthorised copying apply. A common example is pirated music.
Please contact us if you have an anti-counterfeiting issue you would like to discuss.