Customs Enforcement of Intellectual Property Rights: The IPR (Imported Goods) Enforcement Rules, 2007
Overview The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 empower Indian customs authorities to suspend the clearance of infringing goods, provided the rights holder has registered a notice to that effect. In practice, however, this mechanism remains significantly underused by registered proprietors and owners of intellectual property rights. Registering such a notice gives the IP owner a valuable layer of border protection against the import of infringing goods, particularly in relation to copyrights, trademarks, and designs. Patents are also covered under the Rules, but patent-related border enforcement is comparatively rare in practice, given the greater technical complexity and specialized expertise required to assess infringement at the border. Filing the Notice A notice of registration must be filed together with: a certified copy of the relevant IP right; an annexure setting out details of the right holder's rights and the grounds on which re...