Customs recordal lets you stop counterfeits before they enter the market, rather than chasing them through it afterwards.
The IPR (Imported Goods) Enforcement Rules, 2007, read with the Customs Act, allow rights holders to record their intellectual property with Customs. Once recorded, the concerned Customs offices watch for, seize and confiscate goods found to be infringing or counterfeiting the recorded right.
Why this is worth doing
Litigation against counterfeiters is slow, expensive, and often aimed at defendants who are difficult to find and worth little.
Border enforcement changes the economics. A single detained consignment removes an entire shipment from the market at minimal cost to you, and it does so at the point where the goods are concentrated in one place with an identifiable importer attached.
For any brand with a real counterfeiting problem, recordal is generally the highest-return enforcement step available.
What can be recorded
The Rules cover trademarks, copyright, designs and geographical indications.
Patents are treated differently, because infringement assessment for patents is not something Customs officers can reasonably perform at the border.
How recordal works
Recordal is made with the Central Board of Indirect Taxes and Customs, through the online Automated Recordation and Targeting System.
In outline, the process requires:
- Details of the rights holder and the registered right, with the registration certificate.
- A bond and indemnity, protecting Customs and the importer against wrongful detention.
- Contact details for a person who can respond quickly when a consignment is detained.
- Supporting material helping officers distinguish genuine goods from counterfeits.
That last item is the one that determines whether recordal actually works. Customs officers are not brand specialists. Clear, practical identification material, covering packaging, labelling, security features and typical counterfeit tells, is what turns a recordal into an actual seizure.
What happens when goods are detained
Customs suspends clearance of the suspected consignment and notifies both the importer and the rights holder.
The rights holder must respond within a short period, joining the proceedings and confirming the goods are infringing. The window is genuinely tight, which is why the nominated contact needs to be someone available and empowered to act rather than a general enquiries address.
If the goods are confirmed as infringing, they are confiscated and destroyed. The importer may contest, in which case the matter proceeds accordingly.
Recordal is not automatic protection
Two limits worth understanding.
Recordal covers imports. Goods manufactured domestically in India are outside its scope, and require the ordinary civil and criminal routes covered in anti-counterfeiting actions and trademark infringement.
Recordal also depends on Customs actually spotting the consignment. Good identification material and periodic engagement with Customs improve the hit rate considerably; a filed-and-forgotten recordal achieves much less.
Frequently asked questions
Do I need a registered trademark to record with Customs? Yes. Recordal is based on a registered right, which is one of several practical reasons to register rather than rely on passing off.
How long does recordal last? Recordal is granted for a period and requires renewal. It should be tracked alongside your registration renewals.
What happens if I do not respond when goods are detained? The suspension lapses and the goods are released. The response window is short, so the nominated contact must be reachable.
Does recordal cover goods made in India? No. It covers imports. Domestic manufacture requires civil or criminal action.
Is there a bond requirement? Yes. A bond and indemnity are required to protect against the consequences of wrongful detention.
Can I record copyright and designs too? Yes. The Rules cover trademarks, copyright, designs and geographical indications.
Useful official resources
- Central Board of Indirect Taxes and Customs
- IPR (Imported Goods) Enforcement Rules, 2007 — via CBIC notifications
- IP India public search — to confirm registration details
Counterfeits arriving through Indian ports? Talk to us. Recordal is usually the fastest lever available.