25 October 2007
This Notice is to advise who is approved to apply the internationally recognised ISPM 15 certification mark (the ISPM 15 mark) to wood packaging and advise of the possible legal consequences of unapproved use of the mark.
As specified in the Australian Wood Packaging Certification Scheme (AWPCS) a component of the ISPM 15 mark is the International Plant Protection Convention (IPPC) symbol, which is a registered trade mark in Australia. AQIS is authorised to approve others to use the IPPC symbol.
AQIS approves others to use the IPPC symbol through certification under the AWPCS. Failure to comply with the requirement specified in the AWPCS concerning the use of the ISPM 15 mark will result in the immediate revocation of the company’s certification. Revocation of certification means a company is no longer permitted by AQIS to use the ISPM 15 mark.
The unapproved use of the ISPM 15 mark or a deceptively similar mark is:
- an infringement of Section 120(1) of the Trade Marks Act 1995 (Cth). Legal proceedings may be brought against people using the mark in this manner by any approved user of the symbol (including companies certified under the AWPCS).
- misleading and deceptive conduct under Section 52 of the Trade Practices Act 1974 (Cth). Any person may make a claim to the court for breach of Section 52.
Contact: 02 6272 3229