Border Protection

Proactively prevent counterfeit goods from entering the market place by taking action against those who knowingly or otherwise import counterfeit goods.

The benefits of Customs notices

Customs notices (or notices of objection in Australia) are an effective and inexpensive way to actively protect and enforce your intellectual property rights against those who knowingly or otherwise import counterfeit goods. The benefit of Customs notices is that suspected counterfeit goods are seized at the border, rather than entering the market. Customs notices are available for registered trade marks and copyright works.

Baldwins’ border protection services

We offer a full border protection service for Australia and New Zealand. We advise clients on how to best use Customs notices to protect their brands and then develop, file, maintain and renew those notices.

When goods are detained, we are provided with notices of seizure that identify the importer of the goods and often the supplier. This can be invaluable information in preventing counterfeiting. In Australia, seized goods are automatically destroyed unless an importer makes a claim for them. In New Zealand, the owner of the Customs notice must seek forfeiture of the goods. In the vast majority of cases, the importer forfeits the goods. If an importer refuses to consent to forfeiture, there are options to pursue the matter further in court.

How does the process work?

Filing Customs notices is a relatively straightforward process. In New Zealand, a NZD5,000 bond is required at the time of filing. This is retained as security against any action that Customs takes in identifying counterfeit goods. One bond payment covers all Customs notices filed for a given client and it is returned when the Customs notice(s) lapse. In Australia, no bond is required. Instead, a rights holder must complete an undertaking to repay any expenses incurred by the Commonwealth as a result of a seizure. In New Zealand, Customs notices are renewable every five years, and in Australia every four years.

If you would like advice or assistance with filing Customs notices in New Zealand or Australia, please give us a call. For related information, see our page on anti-counterfeiting.

Meet our experts

  • Paul Johns
    Head of Dispute Resolution, Auckland

  • phone +64 9 359 7733
  • phonelink_ring+64 27 558 5866
  • mail_outline.(JavaScript must be enabled to view this email address)
  • Thomas Huthwaite
    Senior Associate, Wellington

  • phone +64 4 494 9600
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