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Custom Laws

Customs law prohibits the importation of infringing goods in India. Under the new guidelines known as the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, the rights holder can record its registered designs with the Customs authorities.
Under the new guidelines Custom officials can seize goods infringing the trademark/patent/design of the rights holder at the border without obtaining any orders from the court. Under these rules, the Customs authorities have initiated a recordation system under which the rights holder may give a notice in writing to the Commissioner of Customs or any other Customs officer authorized by the Commissioner at the port of import of infringing goods requesting the suspension of clearance of goods suspected to be infringing the trademark/patent/design of the rights holder.
Subsequent to the filing of such notice, the Commissioner is bound to notify the rights holder within the prescribed time regarding the acceptance or rejection of this notice. In case of acceptance of the notice, the normal period of validity of such registration is one year during which assistance will be rendered by the Customs authorities to the rights holder to prohibit the importation of infringing goods at the border. After the grant of this registration the importation of goods that infringe are deemed to be prohibited, as has been defined under The Customs Act, 1962.
The Customs officers have the authority to suspend the clearance of such prohibited goods either based upon the information received by the rights holder or by initiating suo moto action, provided they have prima facie evidence or reasonable grounds to believe that the imported goods are goods infringing the trademark/patent/design registration. After the clearance of the suspected goods is suspended, the Customs authorities must inform the rights holder. Should the rights holder not execute the requisite bond and join the proceedings against the importer within the prescribed period, the Customs authorities will release the suspended goods.
The rules also empower the Customs officers to destroy the suspended goods under official supervision or dispose them outside the normal channels of commerce after it has been determined that the goods detained have infringed the trademark/patent/ design of the rights holder and that no legal proceeding is pending in relation to such determination. The rules also prohibit the re-exportation of the goods infringing the trademark/patent/industrial design in an unaltered state.
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Design Patent
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Copyright
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Domain Names
Enforcement & Remedies
How to register
What to consider
Custom Laws
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