When an individual purchases fake or counterfeit Australian trademarked goods from overseas. All of the ‘ingredients’ are present to make the process simple, easy and repeatable.
The item is purchased (the products can be found easy enough on social media).
The purchaser pays a fraction of the cost. The item has all of the ‘bells and whistles’ of the real item. The packaging is on-point. The dust bag is included. All of the accessories are included.
The parcel arrives at one of Australia’s various international mail centres.
The label on the outside of the box states that the goods are less than $1000 AUD.
It is x-rayed.
It is released.
It is delivered.
Even though the trademark owner has 1) a registered trademark with IP Australia and 2) a Notice of Objection (NoO) has been filed with the Australian Border Force (ABF).
The ABF states:
When are goods seized under the Notice of Objection Scheme
The ABF seizes goods that:
- are subject to customs control
- are covered by a valid Notice of Objection
- appear to infringe IP rights
- are intended for commercial purposes
It is my opinion, that as long as the items are not to be re-sold, the ABF does not act on the trademark owner’s NoO.
It is also in my opinion that the individual purchaser cannot be prosecuted under either Section 243T or Section 243U of the Customs Act 1901 as there was no statement made to the ABF.