Papua New Guinea Customs Service is empowered to prevent the movement of pirated, counterfeit, or infringing goods across the border. This ensures the protection of economic and moral rights for copyright and trademark holders.
The Enforcement Process
Legitimate businesses aware of infringers should immediately contact the Intellectual Property Rights & Industry Standards Section of the PNG Customs Enforcement Division. Enforcement is managed through two primary processes:
Right holders who suspect their rights may be violated can seek Recordation, which is valid for two (2) years.
- Application: Must include IPOPNG issued certificates/extracts and manufacturing or distribution agreements.
- Benefits: Allows Customs to check suspicious shipments (imports, exports, or transit) for the duration of the recordation.
- Requirement: Right holders must supply product samples and images for Customs reference.
- Renewal: Applications for renewal must be made two (2) months before expiration.
This follows a detection by Customs that is verified by the right holder.
- Fee: Requires a K2,000 non-refundable processing fee.
- Suspension: If approved, Customs grants a 10-working-day suspension of the goods.
- Legal Action: The right holder must initiate legal proceedings against the infringer within this 10-day window.
- Security: The applicant must provide security to compensate the owner of the goods if the suspension is later found to be wrongful.
PNG Customs can, on its own initiative, suspend clearance and detain goods if there is prima facie evidence or reasonable cause to believe IPR has been infringed.
Legislation and Penalties
Under Section 146 (1)(ca) and Section 153 (k) of the Customs Act (Chapter 101):
- Forfeiture: All counterfeit, pirated, or infringing goods (and protection-defeating devices) shall be forfeited to the State.
- Offence: Any person (other than the right holder) who imports, exports, or transits infringing goods is guilty of an offence.
- Costs: The owner, importer, or exporter is responsible for all storage and destruction costs for goods determined to be infringing.
Here's a Checklist for Right Holders
- Register with IPOPNG: Ensure your IP is registered with the PNG Intellectual Property Office under the Investment Promotion Authority (IPA).
- Record with Customs: Apply for Recordation with PNG Customs to enable border monitoring.
- Provide Samples: Supply physical samples and high-quality images of genuine products to Customs.
- Monitor Validity: Keep track of expiration dates and apply for renewals two months in advance.
- Seek Authorization: If you are an importer, ensure you have obtained explicit authorization from the right holder before moving branded goods.
Need more Information?
For queries or to record your IP, contact the IPR & Industry Standards Section:
Register for Importing/Exporting
Importing a vehicle
Forms & Guides
