So you have worked hard to build your import label and are starting to see the benefits of your hard work. What is to stop someone copying your product and label and selling it in Australia? There is no magic solution, instead there are a range of steps to take that make it difficult and inhibit competitors and suppliers from selling your products elsewhere.
How to Prevent Factories from Copying and Selling Your Products/Designs
Everything starts with a trademark, without it you have no leverage at all. Here are steps that we explore in detail in our importer development program:
- Digital monitoring – you need to proactively watch for your designs online and follow up with supplier and platform
- Designs borrowed permanently – there are steps you can take in your agreement and technically to prevent your designs being wrongly classed as ‘factory designs’
- Overcoming competitors – they might borrow your idea, and there is nothing you can do about it. So we explore how you can beat them to market
We work with start-ups and businesses to mitigate this threat – through a series of steps and processes throught the testing and importing stages.
How To Prevent Illegal Import of Your Products
Here are two things you can do yourself right away
- Register your trademark or copyright, then:
- Register it with Customs in your country, usually with a Notice of Objection’.
We register Notices of Objection with Australian Customs, which enable customs to seize imported goods that infringe on your trademark or copyrighted products. Of course, customs cannot be everywhere and some goods will always get through (as does some illegal goods), but it’s a big step towards ensuring your registered IP (Intellectual Property) cannot be sold in your country. We refer to Australian Customs as thats our home country authority.
A Notice of Objection is valid for four years and cannot be enforced retrospectively. Often the goods seized by customs are destroyed, and the offending importer runs a very real risk of being sued by the trademark/copyright owner.
Would you like to learn more about working overseas and protecting your intellectual property? Our support programs hep you import and launch more profitably and with less risk, the ultimate tool for importing from China.
by Ben Crawford
How to Protect Illegal Import of your Product Label
My Import Label
Protect your designs and ideas from being copied when importing