Enforcing IPR at the Border

Mandated to facilitate legitimate trade and protect local industries and communities, the Papua New Guinea Customs Service is also stepping up its efforts in monitoring and enforcing Intellectual Property Rights at the borders pursuant to the Customs Prohibited Imports Regulation.

An entity that registers its intellectual property over a particular good with the PNG Intellectual Property Office (IPOPNG) of the Investment Promotion Authority, becomes the right holder.

In doing so the entity may also seek to enforce its rights at the borders by applying to Customs under the Customs Prohibited Imports Regulation.

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Enforcement Process

Legitimate businesses that know of suspected infringers bringing in counterfeit, pirated and suspected goods should immediately contact the Intellectual Property Rights & Industry Standards Section of the Enforcement Division of PNGCS. The section is responsible for monitoring and enforcement of IPR through the Recordation and Intervention process.

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Breaches of Legislation

It is imperative to note that all goods which are counterfeit trademark goods or are pirated copyright goods or goods infringing intellectual property rights or protection defeating devices shall be forfeited to the State. This is in accordance to Section 146 (1)(ca) of the Customs Act, Chapter 101.

It is important to note that under Section 153 (k) of the Customs Act, Chapter 101, a person who is not the right holder and who imports, exports or transit any goods which are:

  • Counterfeit trademark goods; or
  • Pirated copyright goods; or
  • Goods infringing intellectual property rights; or
  • Protecting defeating devises

Is guilty of an offence and is subjected to penalty provisions as prescribed.

It is also important to note that the owner, the importer, the exporter, the consignee, or the consignor will pay the costs of storage and destruction of any goods suspended and determined to be counterfeit, pirated, or otherwise infringes an intellectual property right.

IP Rights

  • It is therefore imperative that authorization to use must first be sought
  • It is the responsibility of the right holder of the intellectual property right to protect, monitor and enforce.
  • Record your valid IPR with PNG Customs for monitoring and enforcement at the borders.

For further information/query or if you are interested to record your IP with PNG Customs then please contact us on the following