CUSTOM RECORDIAL

CUSTOM RECORDIAL

The import and export goods are regulated in Sec. 44 – 51 of the customs Act. The import of goods that infringe IP rights is prohibited under Sec. 11 of the Custom Act. Sec 11 empowers the central government to prohibit or restrict the import or export of goods. The Act empowers the government to prohibit the import and export of goods to protect Patents, Trade Marks and Copyrights under sec 11 (2) (n). Thus notification 49/2007 was issued to prohibit the import of goods infringing Patents, Trade Marks, Copyrights, Geographical Indications and Design. Notification 49/2007 prohibits the import of any goods that feature false Trade Mark as specified in Sec. 102 of the Act. Under the notification of 2007, the right holder of Intellectual Property can register their patent, trademark, copyright and geographical indication under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 under the Custom Act, 1962. After the recordial of IP the Intellectual Property Right Holder can enforce their rights at the Custom Boarders thereby restricting the entry of goods infringing the Intellectual Property Rights. Following are the benefits of Registration of Notice.

1. 1. Automatic suspension of import of infringing goods.
   
2. 2. At all the ports (custom borders) in India.
   
3. 3. Commissioner of Custom can suo moto suspend the clearance of such infringing goods.