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Customs conducts first seizure of pirated DVDs

 

Since the enforcement of IPR laws in Vanuatu on 7th April 2015, Customs have been checking all suspected imports for infringement of IPR laws. On 20th of May 2015, two obvious imports of pirated DVDs were seized by Port Vila Customs for infringement of the Copyright laws of Vanuatu.

The estimated number of DVDs seized was about 7,000 items. They are the usual “20 in 1 DVDs” which are common in the retail shops of Port Vila and Luganville. One of the Importers declared each DVD to be worth as low as 2vt each, while the other Importer attempted to smuggle the items without declaring them to Customs at all.

As per section 187 of the Customs Act, the two Importers were given 20 days to dispute the seizure action in court. However, they agreed on the spot not to dispute the seizure and further agreed for Customs to proceed with destroying the goods.

Customs is basically executing paragraph 65(1)(b) of the Customs Act at our borders regarding the importation of counterfeit goods in Vanuatu. This paragraph of the Customs Act states that it is unlawful to import into Vanuatu any goods which are:

(i) Counterfeit trademark goods; or

(ii) Pirate copyright goods; or

(iii) Goods infringing intellectual property rights (IPR); or

(iv) Protection defeating devices.

It is important to note that Clause 22 of the Customs Regulations Order No. 113 of 2014 places the onus on importers concerned to produce the evidence to prove that the goods imported are in fact genuine. While section 68 of the Customs Act lists some serious penalties for offenders. Customs will execute these penalties should importers continue to break Vanuatu’s IPR laws or attempt to smuggle goods infringing IPR laws into Vanuatu in the future.

As part of the international community, Vanuatu Customs has a role to play in combating the production and circulation of counterfeit goods around the world. On the local context, fighting against the importation of counterfeit goods is part of Customs duty to protect our communities from counterfeit goods which are usually of poor quality and/or not safe for our consumers. Customs also believes that discouraging the import of counterfeit goods will stimulate economical activities to replace these prohibited items in Vanuatu with genuine local products and works. Enforcement of this law should also give confidence to investors who are involved with the trading of genuine goods to invest in Vanuatu.

Importers and Retailers concerned are encouraged to contact Customs on 33590 or by email This email address is being protected from spambots. You need JavaScript enabled to view it. should they have any queries regarding these provisions of the Customs laws. Or contact the Vanuatu Intellectual Property Office (VanIPO) at the Ministry of Trade and Industry, should they wish to know more about the different Intellectual Property Rights laws in Vanuatu.

Customs is also appealing to the general public and 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 contrabands into Vanuatu.