Australian customs have admitted that they have seized over 10,000 consumer electronics products this year including fake Apple iPods, iPhone’s and Sony and Microsoft gaming gear.The goods have been seized under a notice of objection of the 1968 Copyright Act which relates to a breach of intellectual property or copyright.
Among those Companies to have lodged a notice of objection claim with Australian Customs includes Apple, Bose, Sony, Canon, Microsoft and Intel and AMD for the importation of fake processors.
Since January 2008 Customs claim that they have made over 300 seizures of individual consumer electronic goods however they are unable to name the individual products seized.
A spokesperson for the Australian Customs Service said that they have powers under the Trade Marks Act 1995 and the Copyright Act 1968, which allows them, under certain circumstances, to seize consumer electronic goods that infringe trademarks or copyright material. These provisions give rise to Australia’s Notice of Objection Scheme.
They said “Intellectual Property (IP) rights holders can protect their intellectual property by lodging a Notice of Objection with Customs. This Notice identifies them as the owner, or authorised user, of the intellectual property and allows Customs to seize infringing goods at the time of importation. Customs holds goods seized under IP legislation for a specified period (usually 10 working days but can be up to 20 working days), in which the IP rights holder may initiate court action against the importer. If no action is initiated, the goods are returned to the importer. However at any time prior to court action being brought by the IP rights holder it is open to the importer to voluntarily forfeit the goods to the Commonwealth.
One area of concern for Apple is their Made For iPod and iPhone certification. This is a system where a vendor manufacturing a product that a attaches to an iPod or iPhone must get certification from Apple, this certification also involves the payment of licensing fees to Apple.
A search of several major stores in Sydney has revealed several made in China or Taiwan iPod attach devices being sold without the Made for iPod certification logo. We also found in two stores in Haymarket fake iPod and iPod shuffles being sold with boxes that look remarkably like Apple packaging.
