While the customs law in India empowers border authorities to suspend import of suspected infringing goods, active involvement of the right holders is important for a favourable closure of proceedings.

ENFORCING IP RIGHTS THROUGH CUSTOMS LAW

Customs law in India disallows articles infringing intellectual property from crossing national borders through importation of goods. With over 600 sea ports and inland ports, border measures are an important aspect of intellectual property policing and enforcement for right owners facing counterfeiting or large-scale infringement issues in India.

The Indian government notified the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 under the Customs Act, 1962 enabling intellectual property right holders to actively enforce their rights at Indian borders.

CUSTOMS ENFORCEMENT TO PREVENT COUNTERFEIT & INFRINGING IMPORTS

Positive customs enforcement action requires a right holder to be vigilant of trade in counterfeit or infringing goods and participate actively in customs training, procedure and hearings. Otherwise infringing goods remain at risk of being released for non-action. In appropriate scenarios it is more cost-effective for right holders to effect pre-emptive action at customs than pursue multiple actions further downstream.

FULL-SERVICE CUSTOMS LEGAL SUPPORT

Our dedicated team of customs lawyers has expertise in managing the full lifecycle of customs actions beginning with e-recordation of IP rights (available currently for around 44 ports) up to the ultimate closure of an action after a show cause hearing before the customs authorities and extends to handling appellate proceedings. Our law firm organises exclusive training sessions and workshops for customs officials with representatives of brand owners and organisations like REACT.

NATIONWIDE EXPERIENCE AT MAJOR INDIAN PORTS

Anand & Anand pursues actions at the major ports in India and our team represents a large number of clients in customs proceedings at these ports. Our lawyers are skilled at navigating complex customs processes, coordinating with enforcement agencies, and securing timely resolutions.

PARTNER WITH EXPERIENCED CUSTOMS LAWYERS IN INDIA

Whether you need assistance recording your IP rights with customs, preventing counterfeit imports, or resolving an ongoing enforcement action, Anand & Anand’s experienced customs lawyers can help. Contact our firm to discuss a tailored strategy for protecting your intellectual property and ensuring compliance with India’s customs laws.