The import of goods carrying the infringing trademark is prohibited under the Customs Act 1962, read with the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007. The law requires holders of specific IP rights such as trademarks, copyright, patents, designs and geographical indications – to record their rights with Indian Customs so whenever a infringing goods is at import, it can be seized. Post seizure the goods are notified to the respective rights holder and if the goods are found to be counterfeit, the goods will be seized and a heavy penalty will be imposed on all parties that facilitated the import. However to avail this rights holders need to record their rights with Customs, right holders that are not registered with Customs but receive information of counterfeits being imported can also notify Customs and apply for registration within the prescribed time frame. Customs Act also prohibit export of infringing goods; thus, an aggrieved party can apply to Customs to suspend the export. However the rights holder must provide advance information on such exports to Customs for any action to be pursued.

OUR EDGE:

Our experts have been active recordation of our client right at the customs. The team carries clear and deep understanding on procedure involved in registrations and experience in handling criminal actions and civil suits at different jurisdictions.