I want to import Disney products into Australia. Do I have to get permission from Disney first? What else should I be aware of?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lisa Wulfsohn, Malvern 3144 VIC
- Products for many brand names or trademarks such as Disney are produced under licence and distributed under licence. If you do not have a licence to distribute those products in Australia you may be infringing the rights of the owner of the trademark or copyright if you import them.
- Customs may seize goods that infringe certain copyrights or registered trademarks if there there is a ‘notice of objection’ in place.
- You can check the following link to see if there is a current notice of objection in place for the goods you are importing: http://www.customs.gov.au/webdata/miniSites/ipData/.
- If the goods are seized you will be notified in writing and will have ten working days to ask for the release of the goods
- The owner of the trademark/copyright will also be notified and will have ten working days to commence legal action against you.
- You can choose to give up (surrender) the goods to Customs at any time before the commencement of legal action.