CLAIM FOR RELEASE OF SEIZED GOODS/COPIES
Section 136 of Trade Marks Act 1995 and Regulation 13.5 of Trade Mark Regulations 1995
Section 135AEA of Copyright Act 1968 and Regulation 22B of Copyright Regulations 1969
Insert name of the Australian Border Force (ABF) delegate and address as listed on the Seizure Notice
To:
*Indicates Mandatory Field
I, (Full Name):*
am the:-
designated owner of seized goods as per section 136 of the Trade Marks Act 1995,
OR
importer of seized copies as per section 135AEA of the Copyright Act 1968, and make a claim for
release of the seized copies / seized goods (strike out as required) under that section.
Home or Business Address and Address for Service (P.O. Box not allowed):*
E-mail Address:
Phone/Mobile Number:*
Fax Number:
ABN:
If your home or business address is outside of Australia you must also complete the section overleaf - “Appointing an Agent”.
ABF Reference Number (as listed on the Notice of Seizure):
Insert description of goods/copies seized:
Insert day of seizure
Insert name of place and State or
Territory where seizure occurred
Insert Claim Period expiry date
as per Notice of Seizure
which were seized on the:
day of 20
at:
day of 20
Insert details of grounds for release of goods/copies - I am making this claim for release of seized goods/copies, on the following
grounds:*
Note: that lodging this claim does not in itself mean that the seized goods/copies will be returned to you.
Your attention is drawn to the accompanying information sheet.
B1228 (August 2015)
APPOINTING AN AGENT WHO CAN ACCEPT DOCUMENTS ON YOUR BEHALF
,
This section MUST be completed if this claim is being made by a person who has supplied a home or
business address outside of Australia.
I appoint the following person as my agent in Australia with authority to accept
service of documents, including process in any proceedings, arising out of this
matter:
Full Name:*
Insert name,
address and details
of agent
Home or Business Address and Address for Service (P.O. Box not allowed):*
E-mail Address:
Phone/Mobile Number:*
Fax Number:
ABN:
On appointing an agent, this claim MUST be accompanied by the written consent of the agent signed by that
agent, agreeing to act as agent.
I agree to act as agent:
Agent’s Consent
Signature:*
NOMINATING OTHER PERSONS/BODIES
This section MUST be completed if the seized goods/seized copies described in this claim were brought to
Australia by a person or body other than the designated owner/importer or their appointed agent on behalf
of the designated owner/importer.
Full Name:*
Home or Business Address and Address for Service (P.O. Box not allowed):*
Insert name and
address of other
persons/bodies
E-mail Address:
Phone/Mobile Number:*
Fax Number:
ABN:
I understand that all information contained on this form must be true and accurate to the best of my
knowledge, and that it is an offence under Section 137.1 and 137.2 of the Criminal Code to provide false or
misleading information on documents.
Name of designated owner/importer (BLOCK LETTERS):*
Signature:*
Date:
*Indicates Mandatory Field
B1228 (August 2015)
INFORMATION SHEET
INTELLECTUAL PROPERTY RIGHTS
TRADE MARK & COPYRIGHT SEIZURES
DESIGNATED OWNERS/IMPORTERS
The Australian Border Force (ABF) has seized your goods under the Trade Marks Act 1995 (Trade Marks Act) or the Copyright
Act 1968 (Copyright Act). You have received the enclosed Notice of Seizure as you are the:designated owner of the seized goods infringing a registered trade mark.
importer of the seized copies infringing copyright.
WHAT ARE YOUR OPTIONS?
1. CONTACT THE OBJECTOR
If you believe the seized goods/copies do not infringe the registered trade mark or copyright held by the Objector, you should
contact the Objector. If the Objector agrees with you and notifies the ABF of their agreement, the seized goods/copies will be
released to you subject to all other import requirements being met.
2. DO NOTHING
If the claim period expires and ABF has not received a Claim for Release of Seized Goods/Copies form or a Notice of Consent
to Forfeit Seized Goods/Copies form, the seized goods/copies will be deemed as forfeited to the Commonwealth and will be
disposed of after 30 days. If you have been unable to make a Claim for Release of Seized Goods/Copies within the claim
period you may be able to submit a late claim. A late Claim for Release of Seized Goods/Copies may be considered by ABF
where court action against you has not been commenced by the Objector, there are reasonable circumstances for the late
claim and the goods have not been disposed of. We strongly recommend that you provide evidence of the reasons for your
late claim, where available; this will assist the ABF in assessing whether your late claim is ‘reasonable in the circumstances’.
3. VOLUNTARILY FORFEIT THE GOODS
If you wish to forfeit the goods to the Commonwealth, you need to complete the attached Notice of Consent to Forfeit Seized
Goods/Copies form and return it to the address listed on the form within 10 working days from the day you were given (or
taken to have been given) the Notice of Seizure. The ABF will dispose of the seized goods/copies after your form is received.
Even if you have made a Claim for Release of Seized Goods/Copies, you are able to voluntarily forfeit the seized goods/copies
at any point prior to the commencement of any court action by the Objector. In the majority of cases, legal action is not
pursued by the objector if seized goods/copies are voluntarily forfeited.
4. MAKE A CLAIM FOR RELEASE OF THE SEIZED GOODS/COPIES
If you wish to have the seized goods/copies released to you, then you may make a claim for their release. You can make this
claim if you consider there are suitable grounds for release of the seized goods/copies. If you choose to submit a Claim for
Release of Seized Goods/Copies form it should be submitted within 10 working days (Claim Period) from the day you were
served (or taken to have been given) the Notice of Seizure. The Claim for Release of Seized Goods/Copies form (B1228) and
further information regarding the importation of branded goods/copies is available on the Department of Immigration and
Border Protection (DIBP) website at www.border.gov.au. Please note: Further action by an objector or Police authority may
still be possible if the goods breach the Trade Mark or Copyright Acts and are presented for sale or exhibition in Australia.
Please note:
a. A Claim for Release under the Trade Marks Act or the Copyright Act must be submitted on separate claim forms.
b. For information regarding a Claim outside of the Claim Period please see Point 2.
Making a claim does not mean the goods/copies will be automatically returned to you. If you submit a Claim for Release of
Seized Goods/Copies form the person objecting to the import of the goods/copies into Australia (Objector) will be notified and
will have 10 working days (Action Period) to commence court action against you. If the Objector commences court action you
may be liable for costs (eg. court costs, storage costs and damages for infringement of the Objector’s intellectual property
rights). If the Objector does not commence court action against you the seized goods/copies may be released to you subject to
all other import requirements being met.
**Contact details for the Objector can be found on the Notice of Seizure**
RETURN COMPLETED FORMS TO: The address indicated on the Notice of Seizure.
INFORMATION SHEET
INTELLECTUAL PROPERTY RIGHTS
TRADE MARK & COPYRIGHT SEIZURES
OBJECTORS
The Australian Border Force (ABF) has seized goods under the Trade Marks Act 1995 (Trade Marks Act) or the Copyright Act
1968 (Copyright Act). You have received the enclosed Notice of Seizure as you have lodged a Notice of Objection for a:registered trade mark(s).
copyright(s).
WHAT ARE YOUR OPTIONS?
1. CONSENT TO THE RELEASE OF SEIZED GOODS/COPIES TO THE DESIGNATED OWNER/IMPORTER.
The ABF can release the seized goods/copies to the designated owner/importer at any time provided that you give written
notice to the Comptroller-General of Customs consenting to the release of the seized goods/copies, and the seized
goods/copies have not been disposed of.
2. COMMENCE COURT ACTION AGAINST THE DESIGNATED OWNER/IMPORTER
If the designated owner/importer makes a Claim for Release of Seized Goods/Copies within the 10 working day Claim Period,
you will be notified by the ABF. You then have 10 working days (Action Period) after receiving notification to commence court
action against the designated owner/importer and give the Comptroller-General of Customs written notice of that court action.
If no court action is commenced within the Action Period the goods will be released to the designated owner/importer.
You are required to provide the ABF with a copy of the court order preventing the release of the seized goods/copies within 20
working days of commencing court action. If this order is not received the seized goods/copies will be released to the
designated owner/importer.
The ABF may recover any storage, transportation or destruction costs incurred in accordance with your Deed of Undertaking.
3. DO NOTHING
If after 10 working days after the Notice of Seizure has been received the designated owner/importer has not returned a Claim
for Release of Seized Goods/Copies form or Notice of Consent to Forfeit Seized Goods/Copies form the goods/copies they
will be deemed forfeited to the Commonwealth and will be disposed of after 30 days.
Any storage and destruction costs may be passed on to you as they have been incurred as a result of seizure.
A late Claim for Release of Seized Goods/Copies form may be submitted by the designated owner/importer where they meet
certain criteria. A late Claim for Release of Goods/Copies Seized may be considered by the ABF where court action has not
been commenced by you, there are reasonable circumstances for the late claim, and the goods have not been disposed of. The
ABF will determine if the Late Claim will be accepted. If a Late Claim is accepted you will be notified and your 10 day Action
Period will begin.
**Contact details for the Importer/Designated Owner can be found on the Notice of Seizure**
RETURN COMPLETED FORMS TO: The address indicated on the Notice of Seizure.