EXCLUSIVE: In an effort to cut out the importation of non complying iPod and iPhone attach devices from China and Taiwan Apple has taken to asking Customs departments around the world to stop the importation of devices that do not comply with the Made for iPod or iPhone program.
In Australia the Australian Customs Department is believed to be holding several shipments of iPod attach devices that are not certified by Apple or part of the Made for iPod or iPhone program.
An Australian Customs spokesperson said” The way it works is that a Company like Apple who believe that they own the IP or Copyright can lodge a notice of objection with the customs department, we then hold the goods until there is a determination on the issue. We can also destroy the goods if the shipping Company or distributor does not comply”.
Australian Customs use the notice of objection under section 135 of the Copyright Act 1968 to seize goods.
Other companies with notice of objection applications lodged with Australian Customs include Adobe for their new Creative Suite 4, BMG Music Publishing Australia, EMI Music Publishing Australia, Sony/ATV Music Publishing, Warner/Chappell Music Australia and Universal Music Publishing.
In the case of the music and video the applications all refer to copied music and video content.
One of the Company’s targeted by Apple is believed to be Albury based distributor TechLynx who describe themselves as is a wholesaler of Mac and PC computer products, specialising in iPod accessories, memory, storage, flash, networking, connectivity and accessories.
A major distributor of non approved devices said “If this is the case distributors will lose millions as there is one hell of a lot of non approved attach devices being shipped into Australia especially now and only weeks before Xmas. We know of two distributors who have problems”.
Rob Small Marketing Manager at Apple said “We have a lot of problems with devices that do not comply with our made for iPod program, we are constantly policing these issues. We have seen devices that look like an iPod being sold in Haymarket that are simply not an Apple made or endorsed product. We saw an iPod Shuffle recently that looked exactly like an Apple product; it was in breach of both our copyright and trademark”.
He added, “We have seen resellers illegally using the Apple logo to sell products that they have no right to sell in Australia. We take all action necessary to address these issues.”
Apple has also said that all attach devices for both the iPod and the iPhone should be certified with the Made for iPod or iPhone logo.
Made for iPod is a licensing and badging program for authorised electronic accessories that connect to the iPod’s top and bottom ports. The top port has previously been known as an extended headphone jack, and the bottom as the “Dock Connector.”
Recently both have been referred to collectively as “iPod Connectors,” and accessories for each port are licensed by Apple under the Made for iPod program. Manufacturers pay a royalty for use of officially made iPod Connector components, which may increase the price of authorized iPod accessories over their unauthorised competitors, and apparently receive a certification that their products are iPod-safe.