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ADMINISTRATIVE REMEDIES IN INDIA


 

INDIAN IP LAWS

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The IPR (Imported Goods) Enforcement Rules, notified in 2007 empower Custom Officers to enforce Intellectual Property Rights over the imported goods. The said rules provide a detailed procedure by which a right holder can register his Intellectual Property Rights with the customs officials. The registration imposes an administrative duty on the Customs Department to protect the right-holder against violation of his Intellectual Property Rights.

 

It is important to note that the Customs Officials can suspend the clearance of goods if it has prima facie evidence or reasonable grounds to believe that the goods are counterfeit. This suspicion or belief can arise either when a notice has been filed by the Right holder with the customs or even in the absence of such notice a suo moto action can be taken.

 

Registration with CBEC, empowers the Customs Authority to intercept, seize, and confiscate goods found to be or suspected to be infringing Intellectual Property Rights registered and in-force in India by any person other than the Intellectual Property Rights holder or without permission/authorization of the Intellectual Property Rights. Further by making one application the applicant can cover all the Customs Air Cargo Complexes, Seaports and Land Customs Stations through which importation or exportation of pirated article is suspected in India. The registration is usually obtained within a month and is valid for five years. Once registered the Customs Authority store the IPR in their electronic database which is flashed across all entry points in India.”


For more information on Administrative Remedies in India please write to us at: info@ssrana.com


 
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