Credit: Sharon Givoni
Stay Legal, Stay Safe: IP Compliance for Importers
Thinking of bringing in some stylish jewellery, chic clothing, or must-have lifestyle goods from overseas? Fantastic! But before you fill that container and ship it to Australian shores, let’s talk about a crucial part of your business toolkit—intellectual property (IP) compliance. At Sharon Givoni Consulting, we’re here to keep your business out of hot water with the law and ensure your products don’t ruffle any legal feathers.
Why Worry About IP?
Picture this: your new product line is selling like hotcakes, but then out of the blue you get hit with a letter of demand from another company because your designs kind of resemble a well-known brand’s signature look.
Not fun.
IP claims can be a real headache, and expensive too. That’s where Sharon Givoni Consulting comes in, offering legal advice to help you navigate the twists and turns of IP law, whether your products are made in China, India, or even right here in Australia. Our job is to make sure that they comply with local laws, standards and regulations and we also look after the intellectual property side of things.
How to Keep It Legal When Sourcing Products
1. Review once and review again
There is a golden rule which is that you need to conduct product reviews. Launching a new line? Make sure it doesn’t bear a striking resemblance to high-end brands. Case in point: Swarovski’s iconic swan logo is a registered trade mark and instantly recognisable. A swan shape that’s a little too similar could land you in hot water. Same goes for Gucci’s famous double G pattern—mimicking it could invite some very unwelcome legal trouble. There are countless of examples just like this as you can imagine.
Reviewing your designs before they hit the market is a relatively small step, but it can save you from some serious embarrassment and money.
2. Search for Trade Marks
Before you pop the champagne over your new product, ensure you ask lawyers or trade mark attorneys to perform a trade mark search – we don’t recommend that you do it yourself as there is a lot of skill and experience required in getting it right. You’ll want to know if someone’s already registered a similar design. Think of it as checking if the party theme has already been done before you send out the invites.
In Australia, brands like Canturi and Tiffany & Co. hold trade marks for their unique jewellery designs, while names like Camper and R.M. Williams fiercely protect their distinctive footwear.
Better to find out early if your product resembles theirs before the product is being sold and not after!
3. Document Everything
You know that drawer where you keep every receipt “just in case”? Apply the same principle to your design process. Keep detailed records of design sources – especially if you’re customising or developing new ones. That way, if anyone questions your originality, you’ll have the proof right at hand. It’s like having a paper trail for your creativity. Document Everything: Keep detailed records of your design’s evolution. This “paper trail” can protect you if your originality is ever questioned.
4. Get Design Searches
Got a product with a unique look—shape, pattern, or decoration? In Australia, “industrial designs” can be registered to protect your product’s appearance, but not its function. It’s all about what’s on the outside. Think of the sleek curve of a Weber BBQ, the intricate patterns of a Zimmerman dress, or the iconic shape of a Coca-Cola bottle. These brands, along with others like Dyson’s vacuum designs and Louis Vuitton’s handbag patterns, have secured exclusive design rights over their visual appearance to prevent copycats. But here’s the catch: with so many registered designs out there, conducting a thorough design search is essential before you launch. We conduct full design searches to check that your product doesn’t unintentionally clash with an existing registered design. On the same token, by registering your design with IP Australia, you secure exclusive rights and safeguard your creative vision and we can help you with that as well.
5. Get Agreements in Writing
If you are working with overseas suppliers, make sure your agreements are watertight. A handshake deal won’t cut it when IP disputes come knocking, in other words, you cannot just say that you were told it was okay. Draft contracts that usually come in the form of manufacturing agreements that make it clear your suppliers are on the hook for providing original designs. Think of it as setting the ground rules before you play the game—everyone knows what’s expected, and you are not left to clean up the mess.
6. Google Lens can be Your Friend (But Not Your Lawyer)
Got a design that feels a little too familiar? You can take a photo of it and run it through an app called “Google Lens”. It’s a great way to see if there are similar products already out there. But remember, this is just a first step—it’s like using a map app to get to your destination. To be truly sure, consult with a lawyer who knows where to dig deeper. Google Lens is not a true solution but just one of the tools that you can use along the way (from a legal perspective you need more to protect yourself). For more about Google Lens click here: https://lens.google/#shopping.
7. The Australian Border Force
Did you know the Australian Border Force can help keep counterfeit goods out of the country? That’s right! With a “Notice of Objection,” the Australian Border Force can seize any items that may infringe on a brand’s intellectual property, adding an extra layer of security for Australian businesses. The way it works is that brands across various industries—everything from fashion to tech to food—register their IP, and if a suspicious shipment turns up at customs, the ABF can step in. For example, Adidas has protected its iconic three-stripes, keeping unauthorised replicas out. The AFL has secured its team merchandise, ensuring fans get genuine gear. Bose has registered its audio equipment, maintaining the premium quality associated with its brand. Luxury labels like Louis Vuitton and Chanel are regulars on the list, with their handbags, belts, and more under Australian Border Force’s watchful eye. Qantas also registers its kangaroo-branded merchandise, preserving that unmistakable Aussie pride. In the food aisle, Arnott’s parrot and Vegemite’s jars stand protected, so when you buy your favourites, you know they’re the real deal.
We can file a Notice of Objection for you to make sure knockoffs don’t flood the market. That’s good for your business and at the same time, customers get the authentic products they know and trust.
If you’re serious about protecting your brand, it’s a smart move to get a Notice of Objection.
For more information about the Australian Border Force, click here: Australian Border Force.
8. Build IP Compliance Into Your Routine
Building IP checks into your business routine is like regular maintenance—do it often, and you’ll avoid bigger issues down the track. Before listing products for sale, be sure they’re thoroughly vetted, especially if they have distinctive shapes or patterns that might echo well-known brands. Careful IP checks early on can save you from the hassle of dealing with potential infringement issues later. And be cautious with how you market your products! Phrases like “designer-inspired” or “looks just like [famous brand]” might seem like clever ways to attract customers, but they can imply an association that doesn’t exist, leading to potential legal troubles. Aim to keep your marketing clean and your product reputation sparkling.
9. Review product claims
It’s also important to review any claims you make on your products. Words like “new,” “tastier,” “better version,” “the only one,” or even “recycled” may seem harmless but must be accurate and justifiable. Being clear and honest with these claims not only builds customer trust but also reduces the risk of misrepresentation issues. We can check all of these things from a legal perspective so that you can proceed safely.
For an easy-to-read resource on advertising and selling practices, check out the ACCC 2021 Advertising and Selling Guide for Business. It covers essential guidelines for staying compliant with consumer law, but keep in mind that some laws may have changed since its publication: Click here to read the guide. Advertising and selling guide. A guide for business. The booklet covers avoiding misleading or deceptive claims, advertising and selling techniques, and special considerations for premium claims, including health, environmental, and country-of-origin statements amongst other things.
10. Avoid Social Media Slip-Ups
Promoting on social media? Make sure your posts don’t suggest any affiliation with luxury brands. Watch out for cheeky comments too—if a customer asks, “Is this bag like the Louis Vuitton one” and you reply with, “Yes, it’s similar,” you could be opening up a can of legal worms. Also, be cautious when comparing your products to others. Direct comparisons can imply associations that don’t actually exist, which may lead to unwanted legal attention. It’s best to let your products stand on their own merits.
To read the Instagram Community Terms of Use FAQs, click here: Instagram Community Terms of Use FAQs.
11. Think Ahead with a Proactive Legal Strategy
Here’s the bottom line: being proactive with IP protection means fewer sleepless nights and more time to focus on growing your business. At Sharon Givoni Consulting, we’re here to help you navigate the complexities of IP law with advice that’s tailored to your needs.
Whether you need support for an entire product range or just one item, we’ve got your back. We’ll make sure your products comply with Australian labelling laws and regulations (including care labels and country of origin), and that you’re protected against IP infringement claims. Reach out to us, and let’s keep your business legally secure and stress-free.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.