With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market, the government has taken strict steps and bought in new amendments in getting the IP registered with the Customs Authority. Please find below more details on procedure and documents required for the same:

PROCEDURE:

To record an IP right with the Customs, a right holder must submit an application in writing with the necessary documents and information. In order to submit an application electronically, an Applicant must register on the Indian Customs IPR Recordation Portal. After submission of the form with the Customs authority, a Unique Permanent Registration Number will be issued within 30 days, which means the IP is now registered with the Customs authority. After registration, the Customs authority keeps a watch on all the goods and products entering or exiting from the country through any means, if it is similar/identical/confusingly similar to the brands so registered. The IP registration with customs is valid for minimum one year and maximum 5 years.

Documentation required

  1. Registration certificate
  2. Power of Attorney
  3. Images of genuine goods (for trademarks, product patents and designs)
  4. Images of infringing goods (if applicable/ available)
  5. Official fee
  6. Indemnity and other related Bonds:

Information required

  1. Details of the Applicant
  2. The IEC code of the right holder and other authorized importers
  3. Product code of the goods been imported/exported

If any of the required information is not provided, the Deputy Commissioner of Customs or Assistant Commissioner of Customs may require the right holder to provide the same within 15 days, which may be extended for sufficient reasons. Within 30 working days from the date of receipt of the notice the Commissioner shall notify the Applicant whether the notice has been registered or rejected along with validity period of the registration during which assistance by Customs shall be rendered.

In a notice for suspension, where clearance of the said infringing goods has been suspended and the right holder or his authorized representative does not join the proceedings within a period of ten working days from the date of suspension of clearance leading to a decision on the merits of the case, the goods shall be released. If the right holder or his authorized representative does not join the proceedings within a period of ten working days, the goods shall be released. This time-limit of ten working days may be extended by another ten working days in appropriate cases by the Commissioner or an officer authorized by him in this behalf. In the case of perishable goods suspected of infringing  intellectual property rights, the period of suspension of release shall be three working days which  may be extended by another four days.  In case the right-holder or his authorized representative joins the proceedings, the Deputy Commissioner of Customs or Assistant Commissioner of Customs , as the case may be,  having reasons to believe that the goods are infringing and  liable to confiscation under Section 111 (d) of the Customs Act, may seize the same under Section 110 of the Customs Act.

The Commissioner or the Officer duly authorized in this behalf shall allow a right holder and the importer or their duly authorized representatives to examine the said infringing goods. Where upon determination by the Deputy Commissioner of Customs  or Assistant Commissioner of Customs, as the case may be,  it is found  that the goods detained or seized have infringed intellectual property rights, and  have been confiscated under Section 111 (d) of the Customs Act, 1962 and no legal proceedings are pending in relation to such determination, the  Deputy Commissioner of Customs  or Assistant Commissioner of Customs, as the case may be,  shall, destroy the goods or dispose  them. The costs toward destruction, demurrage and detention charges incurred at the time of destruction or disposal shall be borne by the right holder. However, goods of a non-commercial nature contained in personal baggage or sent in small consignments intended for personal use of the importer are exempted from the application of the Customs Recordal rules.