Prior to the seizure of the machines, the SINGER representatives in Australia confirmed to the Vanuatu Intellectual Property Office (VanIPO) that they have received confirmation that the machines are unauthorized Singer Sewing Machines from an unauthorized dealer. Following this confirmation, Customs proceeded to seizing the machines.
According to Customs Regulations 22, the two Importers concerned were given the opportunity to prove to Customs that the goods are not counterfeit trademark goods, pirate copyright goods or goods infringing intellectual property rights. Furthermore, the importers were given the opportunity under section 187 of the Customs Act to appeal against the Seizure at the Magistrate Court within 20 days of the seizure. Since the Importers failed to carry out either of these two acts by the due date, the goods were considered condemned to the State under section 187 of the Customs Act.
The SINGER Trademark is a registered Trademark in Vanuatu and therefore is protected under the Trademarks Act of Vanuatu, administered by the VanIPO office at the Ministry of Trade. Furthermore, SINGER has only one authorized distributor in Vanuatu. In this latest incident, not only were the two Importers unauthorized, the items import were confirmed as counterfeit and of very poor quality.
As part of the international community, Vanuatu Customs has a role to play in combating the production and circulation of counterfeit goods. Not only do counterfeit goods infringe the rights of the Right Holder and jeopardize the reputation of a Trademark, they are usually produced from proceeds of crime, and are considered prohibited goods under the Vanuatu Customs Act.
On the local context, fighting against the importation of counterfeit goods is part of Customs duty to protect our communities from these contraband which are usually of poor quality and/or not safe for our consumers and environment. Customs also believes that discouraging the import of counterfeit goods will stimulate economical activities to replace these prohibited items in Vanuatu with genuine products or services. Customs therefore anticipates that this recent operation to destroy these contraband will send a clear message to Importers not to import counterfeit trademark goods, pirate copyright goods or goods infringing intellectual property rights
Customs, VanIPO and authorized Trademark agents will continue to work together to enforce IPR laws in Vanuatu. To avoid disappointment, Importers and Retailers are encouraged to contact the VanIPO or Customs should they have any queries regarding the different Intellectual Property Rights laws in Vanuatu, or face the consequences of the law of being penalized, prosecuted or seeing their imports being destroyed.
Customs is also appealing to the general public or those who feel that they may be affected by the importation of counterfeit goods, to report to the VanIPO, Customs or the Police of any illegal importation of these contraband into Vanuatu.
Customs would like to thank Ifira General Services and the Port Vila Municipality for their assistance in this latest operation.
