Australia

Please contact our partner office for more information about our services in Australia:

Phillips Ormonde Fitzpatrick
Level 16
333 Collins Street
Melbourne 3000
Australia
T +61 3 9614 1944
Contact: Mrs Marine Guillou
marine.guillou@pof.com.au


Phillips Ormonde Fitzpatrick Lawyers has been a partner of React since early 2011. Australia is an attractive market for counterfeiters due to its size and close proximity to Asia, where many counterfeit products originate. Anti-counterfeiting activities in Australia include cooperating with Customs and market surveillance. We are also able to conduct investigations and organise test purchases through in-house private investigators. Australian legislation does not allow Customs to act on an ex-officio basis. All Customs applications are also available online and counterfeiters can therefore target brands not covered by a Notice. It is therefore highly recommended that owners of Australian registered trade marks and copyright lodge a Customs Notice. 

Our services in Australia

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Desk research
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Informing Customs officers on brand details
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application available for trade marks and copyright and valid for 4 years
  • Simplified procedure
  • Customs will not act ex officio
  • Deadline for response to Customs notification of detention is 10 working days from notification of claim request from importer
  • Timeframe for importer to respond to seizure is 10 working days
  • Criminal enforcement in Australia is very limited
  • Ex parte orders are available
  • Interim injunctions are available
  • Damages and costs are available, including additional damages (also known as punitive damages)