Recording your IP with Indian Customs turns border officers into your first line of defence — intercepting counterfeit imports and exports before they hit the market. Here’s the online recordal process, the documents you need, and how seized goods are handled.
Why record with Customs
As grey markets expand, brands face large-scale import/export of counterfeit goods. To curb this, the government strengthened the process of recording IP with the Customs Authority, so Customs can watch for and stop infringing goods at the border.
The process
- File an application in writing with the necessary documents and information — electronically, after registering on the Indian Customs IPR Recordation Portal.
- On acceptance, a Unique Permanent Registration Number (UPRN) issues within 30 days — your IP is now recorded.
- Customs then watches all goods entering or leaving the country for anything identical/similar/confusingly similar to your registered brand.
- Recordal is valid for a minimum of one year and maximum of five years.
Documents required
- Registration certificate;
- Power of Attorney;
- images of genuine goods (trademarks, product patents, designs);
- images of infringing goods (if available);
- the official fee; and
- indemnity and other bonds.
Information required
Applicant details; the IEC code of the right holder and authorised importers; and the product code of the goods imported/exported. If information is missing, the Deputy/Assistant Commissioner may require it within 15 days (extendable). Within 30 working days of the notice, the Commissioner notifies whether the recordal is registered or rejected, with the validity period.
Suspension and seizure timelines
- On a suspension of clearance, if the right holder (or representative) doesn’t join proceedings within 10 working days, the goods are released (extendable by another 10 days). For perishable goods, the period is 3 working days, extendable by 4.
- If the right holder joins, and the officer has reason to believe the goods infringe and are liable to confiscation under Section 111(d), they may seize them under Section 110 of the Customs Act.
The right holder and importer may examine the goods. If found infringing and confiscated (with no pending legal proceedings), Customs will destroy or dispose of them — the right holder bears destruction, demurrage and detention costs.
Exception
Goods of a non-commercial nature in personal baggage or small consignments for the importer’s personal use are exempt.
The takeaways
- Record IP online via the IPR Recordation Portal — a UPRN issues within 30 days.
- Recordal lasts 1–5 years (see our note on renewal — there’s no renewal mechanism, so re-file).
- Suspension has tight timelines — join within 10 working days (3 for perishables).
- You bear destruction costs — but you stop counterfeits at the gate.
Frequently asked questions
How do I record my IP with Indian Customs? Register on the Indian Customs IPR Recordation Portal and file the application electronically with the required documents; a Unique Permanent Registration Number issues within 30 days.
How long is a customs recordal valid? Minimum one year and maximum five years (with no renewal mechanism, so you re-file to continue protection).
What happens when Customs suspends a suspected consignment? The right holder must join proceedings within 10 working days (3 for perishables); otherwise the goods are released. If they join, the goods may be seized and, if confirmed infringing, destroyed.
Which imports are exempt? Non-commercial goods in personal baggage or small consignments for the importer’s personal use.