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ARTICLE · 26 MARCH 2017

Protecting your brand from unauthorised imports

The more valuable your intellectual property, the more likely there will people seeking to counterfeit it.

AustraliaIntellectual Property

The more valuable your intellectual property, the more likely there will people seeking to import counterfeit goods or grey imports. The rise of ecommerce has made buying and selling such products much easier. The good news is that by exercising your intellectual property rights and engaging with the Australian Border Force you have effective options to protect your brand.

Unauthorised imports can breach intellectual property rights – counterfeit goods

In many cases, importing goods bearing trademarks or containing copyright material without the consent of the owner of those rights, infringes those intellectual property rights.

In the case of non-genuine (or counterfeit) products, there is usually a good basis to prevent importation by relying on trade mark rights if the counterfeit product bears a similar trade mark. There are often similar rights in respect of copyright or an Australian patent or design registration. Where there are counterfeit

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