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Enforcement
ENFORCEMENT
IP enforcement mechanisms are present in all three Intellectual property legislation in PNG; however,
due to intellectual property being a private right, the onus is on the right owner to enforce their rights against infringers.
There are ongoing discussions between IPOPNG and stakeholder organizations regarding IP enforcement issues amongst the public and private sectors, in view of the widespread use of infringed and counterfeited products on the streets and shelves of many market outlets.
Internal Revenue Commission's (IRC) Customs has also been proactive in introducing regulatory measures that assists IP owners to effectively enforce their rights at the borders. A Customs (Prohibited Imports) Regulation Ch 101 has been implemented and is now in force, enabling Customs, with assistance from IPOPNG trade marks section through a recordation process to intervene at the border to stop illegal import of counterfeit and pirated goods. Those companies and individuals (intellectual property owners) should provide details of their IP registrations to Customs Office of the IRC for recordation. This will help customs officials in identifying IPR infringed products.
The TRIPS compliant legislation on the cross border measures brings into place new stringent measures against the importation of infringed and counterfeit works.