What is a Counterfeit item?
A Counterfeit Item may be referred to as an unauthorised replica of another product (such as counterfeit DVDs, imitation iPods, designer inspired clothing and or other accessories). A counterfeit Item may or may not bear the trade mark of the genuine products. It is not enough to advertise a product as "not" or "similar to" the genuine item, as your purchaser may be misled that it is of the same quality. If you are not certain that the product you are selling is genuine and it is not made or endorsed by that company, do not list it on OZtion.

Infringing someone's intellectual property, copyright, trade mark or other right.
Our policy on intellectual property ownership is listed here: Intellectual Property Information.

Reports received regarding infringement of: IP, copyright, trade mark or other right.
If you are a company or individual or their authorised representative that holds intellectual property (IP) rights, OZtion encourages you to contact us and report any listings that infringe your IP by sending us a copy of the registered IP documentation in order for the listings to be removed.

In the case of text and image copyright infringements we require a signed letter stating that the listing(s) are not authorised by you, the copyright owner.

These documents can be scanned and e-mailed or faxed to +61 3 9584 0119.
http://www.oztion.com.au/content/0012005/help/Sell/copyright.aspx

Reports received - Our policy
We work closely with many organisations such as: AFP (Australian Federal Police), AFACT (Australian Federations against Copyright Theft), MIPI (Music Industry Piracy Investigations, ACMA (Australian Communications and Media Authority), TGA (Therapeutic Goods Association), Nike, GHD, Apple Inc, Chanel Limited, Nintendo of America Inc, Ed Hardy/Christian Audigier, Salvatore Ferragamo, Christian Louboutin, Richemont International Limited, Chloe and many others when we receive reports regarding alleged counterfeit items listed. We do require an authority expert to advise us of any breaches as we cannot be certain based on member reports alone. There are many factors to be considered prior to the removal of a reported listing, and unless the report has been received from the actual copyright owner, all care must be exercised to ensure that only those listings which are in breach are actually removed.

Why was my listing removed, yet other similar listings remain?
We are not automatically aware of every item listed on OZtion. Although we do conduct periodical scans of items listed on OZtion, we also rely on suspicious items being reported.

My listing(s) were removed, what happens now?
When we receive a report from any company or individual or their authorised representative that holds intellectual property (IP) rights, the listing(s) will be promptly removed. The seller will receive an email outlining the reason for the removal such as: counterfeit item or copyright infringement. If the seller's details are requested by the company or individual or their authorised representative that holds intellectual property (IP) rights, they will be promptly provided in line with our Privacy Policy. The seller's account may also be suspended and any listing fees (if applicable) will not be refunded.

Are my contact details passed on to an intellectual property (IP) rights or copyright owner?
In line with our Privacy Policy regarding legal requests, OZtion will disclose any information about you only when we believe release is appropriate to comply with law; enforce or apply our User Agreement; or protect intellectual property and other rights, property, or safety of OZtion, our users, or others. OZtion cooperates with law enforcement and government officials and other third parties and we can (and you authorise us to) disclose any information about you as we, in our sole discretion, believe appropriate to assist with investigations into fraud, intellectual property infringements, privacy or any other illegal activity or activity that may expose OZtion to legal liability.

I do not understand why this item is considered to be counterfeit?
At times it may be difficult to determine why a listing has been removed as counterfeit. Where we have been instructed to remove the listing by the company or individual or their authorised representative that holds intellectual property (IP) rights for that item, the seller will receive a notification email.

Examples of items which may have been removed as a counterfeit item are included below. These items directly infringe upon the rights of Apple Inc. & Apple Pty Limited's Trade Marks and cannot be listed on OZtion. Other items may be referred to as: iPod style, Shuffle style or may even have no name/brand type, however, the picture may indicate it is a reproduced copy of Apple Inc's product.

Example listings

     

'Game Copying Devices' such as the R4 card, DSTT (Top Toy), AceKard, N5 Revolution and Edge cards, may not be listed on OZtion as they directly infringe on Nintendo of America's Copyright, in that they allow games to be copied and illegal copies of games to be played. See examples below.

I have purchased a counterfeit DVD, what do I do now?
We work closely with The Australian Federation against Copyright Theft (AFACT) which is associated with the Motion Picture Association (MPA), when we receive reports regarding alleged counterfeit DVDs purchased. Any complaints received from buyers of the alleged items are required to be referred to The Australian Federation against Copyright Theft (AFACT) for their further assessment, as they are the experts. AFACT may require that the item be forwarded to them as required, for legal purposes.
Alternatively, they are also happy to receive digital pictures of the alleged items or detailed descriptions as they understand the item(s) may need to be returned to the seller in order for a refund to be applied. If this is the case, please contact your seller, advise them of your concerns and request their mailing address. We suggest you send the item(s) via registered mail so as to ensure receipt by the seller in due course. Reports lodged may remain anonymous. AFACT will in turn contact OZtion in order to take further action against the seller as deemed necessary. Please lodge your report via the site below:
About AFACT

I have purchased a counterfeit item, what do I do now?
Please contact the seller and advise them of the resolution you are now seeking. You may wish to Exchange contact details with them for further contact options. If you are unsuccessful with making contact, please let us know and we will attempt to assist you further. If the item can clearly be established as counterfeit, you will also have grounds to report the matter directly to the Police through the link below:
http://www.police.qld.gov.au/programs/crimePrevention/eCrime/internet/report/