IPR Recordation with Customs Importation 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, 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.
Cases of Patent infringement on the basis of registration by a patent holder would not be dealt by Customs at the borders at the time of importation. Decision on infringement of patents would be taken by a District Court and above in terms of Patent Act, 1970.