Aadrikaa Law Offices (ALO)- Customs I Trade Compliance I IDT Tax I Arbitration I Litigation
Date: 04.02.2026
βIntellectual Property Laws are protected under Indian Customs Border Control Lawsβ
This Article has been written by Advocate Ravi Shekhar Jha- BALLB & LLM (Constitutional Law) based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.comor on his Mobile +91-9999005379.
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Summary: Customs and Intellectual Property Rights (IPRs)
This short Article provides an overview of the Indian Customs’ measures for protecting Intellectual Property Rights (IPRs) at the border. β It outlines the procedures, laws, and rules for IPR registration, enforcement, interdiction, determination, and disposal of infringing goods. β
Key Points
Types of IPRs Protected by Customs β
- Trademarks Act, 1999 β
- Patents Act, 1970 β
- Geographical Indications of Goods (Registration and Protection) Act, 1999 β
- Copyright Act, 1957 β
- Designs Act, 2000 β
Customs Interdiction of Infringing Goods β
- Legal Basis: Section 11 of the Customs Act empowers the Central Government to prohibit import/export of goods violating IPRs. β
- Notification: Notification No. β 51/2010-Cus. (NT) prohibits the import of goods infringing IPRs. β
- Conditions: Prohibition is subject to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 enforced through M.F. (D.R.) Notification No. 47/2007-Cus. (N.T.) dated 8th May, 2007 as amended.
Rule 2. Definitions.
(a) “goods infringing intellectual property rights” means any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder;
(b) “intellectual property” means a copyright as defined in the Copyright Act, 1957, trade mark as defined in the Trade Marks Act,1999, 1 [* * * *] design as defined in the Designs Act, 2000 and geographical indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999;
(c) “Intellectual property law” means the Copyright Act, 1957, the Trade Marks Act,1999, 1 [* * * *] the Designs Act, 2000 or the Geographical Indications of Goods (Registration and Protection) Act, 1999;
(d) “right holder” means a natural person or a legal entity, which according to the laws in force is to be regarded as the owner of protected intellectual property right, its successors in title, or its duly authorized exclusive licensee as well as an individual, a corporation or an association authorized by any of the aforesaid persons to protect its rights.
Procedure for IPR Recordation with Customs:
- Online Application: Submit applications at https://ipr.icegate.gov.in/IPR/homePage
- Required Documents:
- Registration certificate or proof of ownership. β
- Demand draft details/Online Payment through ICEGATE Portal/Payment Proof of INR 2000.00 only
- Power of Attorney in the name of the Right Holder or the Authorized representative. β
- Statement of exclusivity. β
- Digital images of genuine and infringing goods. β
- IEC code. β
- Description of geographical indications (if applicable). β
Indemnity Bond
- Protects Customs authorities from liability for detaining goods suspected of infringement. β
General Bond vs. Centralized Bond
- General Bond: Requires consignment-specific bonds for each interdiction. β
- Centralized Bond: A running bond applicable across India, with a single Bond Registration Number (BRN) for all rights registered by the rights holder. β
Detention of Suspected Infringing Goods β
- Notification: Customs informs the importer and rights holder of the detention. β
- Action by Rights Holder:
- Join proceedings within 5 days. β
- Inspect goods and take action within 10 working days (extendable by 10 more days). β
- Provide necessary bonds and evidence of infringement.
- Maximum Detention Period for deciding the matter: 10 working days for regular goods; 3 working days for perishable goods. (Rule 7)
Rule 11. Disposal of infringing goods:
- (1) 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 under official supervision or dispose them outside the normal channels of commerce after obtaining ‘no objection’ or concurrence of the right holder or his authorized representative :
- Provided that if the right holder or his authorized representative does not oppose or react to the mode of disposal as proposed by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, within twenty working days after having been informed, or within such extended period as may have been granted by the Commissioner at the request of the right holder, not exceeding another twenty working days, he shall be deemed to have concurred with the mode of disposal as proposed by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be :
- Provided further that the costs toward destruction, demurrage and detention charges incurred till the time of destruction or disposal, as the case may be, shall be borne by the right holder.
- (2) There shall not be allowed the re-exportation of the goods infringing intellectual property rights in an unaltered state.
- (3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, may on his own, or at the request of the right holder, retain samples of goods infringing intellectual property rights prior to their destruction or disposal and provide the same to the right holder or importer if such samples are needed as evidence in pending or future litigation.
Rule 12. Exclusion of baggage and De-minimis Imports:
- Goods of a non-commercial nature contained in personal baggage or sent in small consignments intended for personal use of the importer are not subject to the above Rules.
Ex Officio Action β
- Customs can suspend clearance of goods on its own initiative if there is prima facie evidence of infringement. Or at the written request of the Rights holder, as the case maybe.
- Rights holder must comply with recordable requirements within 5 days. β
Post-Detention Procedure
- Show Cause Notice: Issued to the importer and shared with the rights holder. β
- Adjudication: Includes importerβs reply and personal hearing. β
- Confiscation: If goods are found infringing, they are confiscated. β
Disposal/Destruction of Infringing Goods β
- Process: Confiscated goods are destroyed or disposed of outside normal commerce channels. β
- Rights Holder’s Consent: Required for destruction/disposal. β
- Samples: Provided to the rights holder upon request. β
Informing Customs of Infringing Consignments β
- Rights holders can notify Customs via email, fax, or post at the relevant Customs Station or Risk Management Division. β
This Short Article serves as a comprehensive guide for rights holders, Customs officers, importers, and other stakeholders involved in IPR enforcement at Indian borders. β
Source: CBIC, ICEGATE, Customs Act 1962
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