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Protecting Melbourne 2006 Commonwealth Games InsigniaThe Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005 (the Act), is designed to prevent the unauthorised commercial use of certain indicia and images associated with the Melbourne 2006 Commonwealth Games. What is a protected Commonwealth Games insignia?Melbourne 2006 Commonwealth Games images means any visual or aural representations that, to a reasonable person, in the circumstances of the presentation, would suggest a connection with the Melbourne 2006 Commonwealth Games. Melbourne 2006 Commonwealth Games indicia means any of the following:
Melbourne 2006 Commonwealth Games indicia
The Act allows Customs in certain circumstances to seize imported goods that contravene any of these protected Melbourne 2006 Commonwealth Games indicia or images. How are Commonwealth Games expressions protected?The Melbourne 2006 Commonwealth Games Corporation or authorised user, must have a Notice of Objection in place with Customs to protect against the unauthorised importations of Melbourne 2006 Commonwealth Games indicia and images for commercial purposes. What is a Notice of Objection?A Notice of Objection is a legal document that allows Customs to seize imported goods that infringe Melbourne 2006 Commonwealth Games Corporation's rights. Customs' power to seize infringing goods is restricted to goods that are subject to the control of Customs as defined under section 30 of the Customs Act 1901. Therefore a Notice of Objection cannot act retrospectively for goods that have already been imported. A Notice of Objection under the Act is valid until 30 June 2006 or until the Notice is revoked or the relevant authorised user's authorisation ceases to be in force. How do I lodge a Notice of Objection?To register a Notice of Objection the following documentation needs to be provided to Customs:
The security is required to reimburse the Commonwealth for costs associated with the seizure and disposal of contravening goods by Customs. Any unused security is returned once the Notice is no longer in place. The forms are available at www.customs.gov.au under "media, publications and forms". What happens when Customs seizes goods?Where a Notice of Objection is in place and Customs seizes importations that contravene protected Melbourne 2006 Commonwealth Games indicia and images, the goods are held for 10 working days, unless the period is extended by the Customs CEO. In this period Customs will advise both the designated owner and the objector of the seizure, and:
If the Melbourne 2006 Commonwealth Games Corporation, or the authorised user, does not commence legal proceedings within 10 working days of receiving the notification of seizure, or within 20 working days if Customs has agreed to extend the period, Customs must release the goods unless the designated owner has voluntarily forfeited them. This is subject to all other legislative requirements being met. At the conclusion of any legal action, the court will usually make an order about the goods, for example forfeiture of the contravening goods to the Commonwealth. Customs disposes of forfeited goods under instruction from the court, by destruction or donation to a charity, as appropriate. Does Customs seize all infringing goods?Customs cannot seize infringing goods unless there is a valid Notice of Objection in place. Customs seizes infringing goods where Melbourne 2006 Commonwealth Games indicia and images have been applied and the goods are intended for commercial purposes. Thinking of importing goods bearing Melbourne 2006 Commonwealth Games indicia or images?If you are considering importing goods that bear protected Melbourne 2006 Commonwealth Games indicia or images, it is important that you understand your legal position. You may wish to obtain legal advice. Aspects that you will need to consider include:
Need more information?Customs fact sheets are available on the following related topics:
If you would like further information about importing goods into Australia, protecting Intellectual Property Rights or to obtain copies of the relevant forms, please visit the Australian Customs Service website at www.customs.gov.au. Alternatively you may email information@customs.gov.au or phone Customs Information on 1300 363 263. |
