New Zealand

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

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 in Australia and 2015 in New Zealand. In New Zealand the majority of counterfeit goods are imported rather than produced locally and it appears that the amount of counterfeit goods being imported into New Zealand is increasing. The focus of our anti-counterfeiting activities in New Zealand is on cooperating with Customs. New Zealand legislation does not allow Customs to act on an ex-officio basis. It is therefore highly recommended that owners of New Zealand registered trade marks and copyright lodge a Customs application. Moreover, Customs applications are publicised on New Zealand Customs website. It is the practice of counterfeiters to review this website and direct counterfeiting activities to goods and brands that are not covered by a notice. 

Our services in New Zealand

  • 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 5 years
  • Security deposit of NZ$5,000 required with Customs Notice (refundable with interest at the end of the 5 year period)
  • Customs will not act ex officio
  • Deadline for response to Customs notification of detention is 10 working days
  • Timeframe for importer to respond to seizure is 10 working days (extendable by another 10 working days). Goods must be voluntarily forfeited by the importer
  • Very limited criminal enforcement in New Zealand
  • Ex parte orders, interim injunctions, damages and costs¬†available