Found counterfeits carrying your trademark? If they’re being imported, you can stop them before they enter the country. Recording your IP with Customs turns border officers into your enforcers. Here’s how it works.
Note: Customs recordal is now done online via the Indian Customs IPR Recordation Portal (a Unique Permanent Registration Number issues within 30 days). This piece describes the framework and per-customs-house mechanics under the 2007 Rules; see our updated portal-based guide for the current procedure.
Why record with Customs
You’ve registered and used your mark — then counterfeits appear. They may be made in India or shipped in. Criminal sanctions and police raids can act once goods are in the country — but wouldn’t it be better to stop them at the border? The IPR (Imported Goods) Enforcement Rules, 2007, with the Customs Act, let IP holders record their IP with Customs to block infringing imports.
Notably, while the Rules were modelled on WIPO, India’s version covers patents, GIs and designs — beyond WIPO’s trademarks and copyrights.
The effect
Once recorded, the owner can issue a notice to a Customs office where protection is sought — either with knowledge of imminent infringement, or for preventive protection (a period of one year). The notice is per customs office; record with as many as you need (there are 40 in total).
The process
Sign a bond with surety and an indemnity bond with the Commissioner, undertaking to pay retention/destruction costs and indemnify Customs. Once registered, if Customs finds infringing goods, it can detain them and inform the rights holder and importer:
- detention up to 10 days, extendable by another 10 (non-perishables);
- for perishables, 3 days, extendable by 4;
- the rights holder may take samples for testing;
- if the rights holder doesn’t respond within 10 days, goods are released; and
- if goods were detained without notice to both sides, they’re cleared after 5 days.
Documents required
- Registration certificate;
- statement of the grounds;
- assignment deed;
- pictures of the genuine goods;
- demand draft for the fee (historically ₹2,000 per application, one per customs house);
- bond and surety; and
- indemnity bond (plus any other documents/samples the officer requires).
The centralized bond
A centralized bond is executed at one office for an amount set by the rights holder, with a 25% surety, and given a Bond Recognition Number. If notices are filed in multiple offices, a detention in any office can draw on the central bond.
Exceptions
Recordal doesn’t cover non-commercial goods in personal baggage or small consignments for personal use. On parallel imports: not allowed for designs and GIs; allowed for patents; and allowed for trademarks provided the products aren’t materially altered.
The takeaways
- Record your IP with Customs to stop infringing imports at the border.
- India covers patents, GIs and designs too — beyond WIPO’s trademarks/copyrights.
- Bonds are required — with surety and indemnity; a centralized bond serves multiple offices.
- Mind the exceptions — personal-use goods, and the parallel-import rules by IP type.
Frequently asked questions
How do I record my IP with Indian Customs? Under the IPR (Imported Goods) Enforcement Rules, 2007 — now via the online IPR Recordation Portal — filing the required documents and bonds; on registration, Customs watches for and can detain infringing imports.
Which IP rights can be recorded? Trademarks, copyright, designs and patents — India’s rules go beyond the WIPO model’s trademarks and copyrights.
How long can Customs detain suspected goods? Up to 10 days (extendable by 10) for non-perishables, and 3 days (extendable by 4) for perishables; the rights holder must respond in time or the goods are released.
Are personal-use imports covered? No — non-commercial goods in personal baggage or small consignments for personal use are exempt.