CUSTOMS ENFORCEMENT

What is customs recordal of intellectual property rights?

Customs recordal is a mechanism that allows intellectual property owners to protect their
trademarks, copyrights, or designs from counterfeit or pirated goods entering India.
Rights holders can record their registered intellectual property with Indian Customs under the
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
Once recorded, Customs authorities can monitor imports and take action against suspected infringing goods at
Indian ports. This helps prevent counterfeit or unauthorized products from entering the market.

Which intellectual property rights can be recorded with Customs?

The following registered intellectual property rights may be recorded with Customs:

Registered trademarks
Registered copyrights
Registered industrial designs
Geographical indications

Recording these rights enables Customs authorities to identify and intercept infringing goods during
import.

Why should businesses record their intellectual property with Customs?

Customs recordal provides an effective preventive mechanism against the import of counterfeit or infringing goods. It helps businesses:

Prevent counterfeit goods from entering the Indian market.
Protect brand reputation and consumer trust.
Reduce financial losses caused by piracy or counterfeiting.
Take faster enforcement action at ports and borders.

This system is particularly useful for businesses dealing with branded consumer goods, electronics, fashion products, and creative works.

What powers do Customs authorities have after recordal?

Once intellectual property rights are recorded, Customs authorities may:

Monitor imported goods for suspected infringement.
Detain or suspend clearance of suspected counterfeit goods.
Inform the rights holder about the detained goods.
Conduct inspections and verification of suspected shipments.

If infringement is confirmed, the goods may be seized, confiscated, or destroyed in accordance with the law.

What happens when Customs detains suspected infringing goods?

When Customs suspects that imported goods may infringe recorded intellectual property rights, the authorities may temporarily detain the shipment. The rights holder is then notified and may inspect the goods to determine whether infringement has occurred. If confirmed, appropriate enforcement action may be taken against the goods and the importer.

How long is Customs recordal valid?

Customs recordal of intellectual property rights is generally valid for five years from the date of registration or until the expiry of the intellectual property right, whichever is earlier. The recordal may be renewed if the intellectual property right continues to remain valid.

What documents are required for customs recordal?

To record intellectual property rights with Customs, the rights holder generally needs to submit:

Details of the registered intellectual property.
Registration certificates for the trademark, copyright, or design.
Information about genuine manufacturers and authorized importers.
Product identification details to help Customs identify genuine goods.
A security bond or indemnity as required by Customs authorities.

Providing clear product information helps Customs officials identify counterfeit goods more effectively.

Can customs recordal stop counterfeit goods completely?

While customs recordal cannot eliminate counterfeiting entirely, it is a strong preventive enforcement tool. By enabling Customs authorities to detect and intercept infringing goods at the border, businesses can significantly reduce the circulation of counterfeit products in the market and protect their intellectual property rights more effectively.

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