This IP First Response website has been designed to help IP rights holders navigate IP infringement and enforcement by making it visible, accessible, and to provide information about the factors involved in pursuing different options. It does not provide legal, business or other professional advice, and none of the content should be regarded as recommending a specific course of action. We welcome any feedback via our IP First Response feedback form and by emailing us.
What is it?
You, as the owner of your IP, are responsible for enforcing your IP rights.
However, sometimes IP infringement is accompanied by other serious issues, such as dangerous goods, serious crime, fraud and scams. In these cases, it may be appropriate to report the IP infringement to government regulators.
This option is most relevant to counterfeit goods (where a trade mark is used on physical products). However, in some cases it will also be applicable to other types of IP infringement.
If the infringement involves IP crime
Most IP infringement is not a criminal matter. However, under Australian law it can be a criminal offence to engage in:
- trade mark counterfeiting
- certain copyright infringements - generally involving commercial dealings or done on a commercial scale
- plant breeder’s rights infringement.
These usually become a police matter when activity is serious, for example if it poses imminent risk of public harm or is highly organised or widespread. The Australian Federal Police (AFP) focuses on taking action against organisers, major importers and wholesalers of counterfeit goods. These goods pose public safety risks and can be used to support organised crime, money laundering and cybercrime.
Sales of counterfeit goods can be reported to Crime Stoppers. If you suspect links to serious or organised crime like the above, phone 131 444 and report the matter to your local police.
If the infringement involves counterfeit medicines or medical devices
Counterfeit medicines and medical devices are particularly serious as they can cause harm to users or not work as intended. Counterfeit medical products should be reported to the Therapeutic Goods Administration (TGA) at this page.
If there is serious risk of consumer harm
Counterfeit goods are often substandard or low quality, which can be dangerous. Some IP infringement involves making false and misleading claims. These things can harm consumers and are not allowed under the Australian Consumer Law (ACL).
Consumer harm/issues/concerns can be reported to the Australian Consumer and Competition Commission (ACCC) at this page. These reports can help inform future compliance activity. Please note the ACCC does not usually resolve individual complaints.
Scams and fraudulent activity
If your IP is being used as part of a scam or fraudulent activity (for example through email phishing activity), or if you have been the victim of a scam related to your IP rights, you can report this activity to Product and service scams | Scamwatch.
There are a number of scams relating to managing IP rights, which is unfortunately a problem around the world. You can read more about these on IP Australia’s website at Scams related to managing IP Rights | IP Australia and learn how to report these at How to report fraud and corruption | IP Australia. Sometimes this will also mean reporting to Scamwatch.
See also
How to report fraud and corruption | IP Australia
Intellectual Property crime | AFP
Counterfeit (fake) medicines and medical devices | Therapeutic Goods Administration (TGA)
Man charged with selling counterfeit electronics on the Gold Coast | Australian Federal Police
Aussie hacker ordered to give up $1.7M after international investigation – ARN
Before you take any action, you should consider whether you need legal or professional advice specific to your situation. It is important to know what rights you have, what remedies are open to you, and the cost and likelihood of success. IP Australia provides information on getting professional assistance with your IP. In addition, the Institute of Patent and Trade Mark Attorneys Australia (IPTA) offers free 30 minute consultations with an attorney.