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.
What are Intellectual Property Rights?
IPR is a collective term for the legal protections granted to creators and owners of original work. These rights protect against:
- Unlawful reproduction or publishing.
- Unauthorized distribution (lending, rental, or sale).
- Illegal broadcasting or performance.
- Unauthorized importation of protected works.
The Role of PNG Customs
Customs is the primary agency responsible for regulating all imports and exports. To protect the economy and community, Customs has specific powers to:
- Identify and seize pirated or counterfeit goods.
- Intercept "protection-defeating devices" (tools used to bypass digital locks or copyrights).
- Act on behalf of right holders to prevent infringing goods from entering or leaving the country.
Frequently Asked Questions
The Customs (Prohibited Imports) Regulations allow right holders to record their IP with Customs. Once recorded, Customs officers can monitor shipments more effectively to identify suspected infringements.
The law generally focuses on commercial quantities. However, if goods are found to be counterfeit or pirated, they are subject to seizure regardless of quantity if they are intended for trade or violate specific prohibited import regulations.
No. Under the law, Customs is indemnified from liability for any action taken to seize or detain goods, provided that officers acted in good faith and in accordance with the legislation to protect intellectual property rights.
Identifying Infringing Goods
Customs monitors for three main categories of IPR violations:
- Counterfeit Goods: Unauthorized imitations of branded products (e.g., fake designer bags, electronics, or medicine).
- Pirated Goods: Unauthorized copies of copyrighted material (e.g., burned DVDs, software, or books).
- Infringing Devices: Tools or hardware designed specifically to break security codes or circumvent digital rights management.
Penalties & Consequences
Providing false information regarding the IPR status of goods is a violation of the Customs Act.
| Penalty | Consequence |
|---|---|
| Forfeiture | Any goods found to infringe on intellectual property rights will be seized and forfeited to the State. |
| Destruction | Counterfeit and pirated goods are typically destroyed at the importer's expense to ensure they do not enter the local market. |
| Prosecution | Serious or repeat offenders may face criminal charges and heavy administrative penalties. |
Here's a Checklist for Right Holders & Importers
- Registration: Ensure your Trademark or Copyright is officially registered within Papua New Guinea.
- Customs Notice: Lodge a "Notice of Objection" with PNG Customs to authorize them to seize infringing goods on your behalf.
- Documentation: Importers should always have proof of authenticity (licenses or authorization letters from the brand owner).
- Check the Source: Verify that the supplier has the legal right to export the branded or copyrighted goods to PNG.
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
