Entry of IRRs with Indian Customs in light of the amendment

 The recent amendment to the Indian Customs Act, 1962 whereby Intellectual Property Rights have been protected and enforced. Some of the important benefits by the said provisions which are effective from 8^th May, 2007 and known as “The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007” are as under:

1.   Indian Customs will protect and enforce Intellectual Property Rights (IPR) in the form of Patent, Design, Geographical Indications of Goods, Trade Mark and Copyright.

2.   The right holder can record and register his Patent Rights as well as other Intellectual Property Rights with Indian Customs and

3.   On such a recordial and registration the Indian Customs will prohibit/suspend the clearance of goods, which are suspected to be goods infringing Patent/Other Intellectual Property Rights. 

The definition of goods, Intellectual Property, Intellectual Property Law and the rights holder under the said provisions are extremely broad and liberal as under to provide maximum benefit and protection:

(i)   “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;

(ii)  “intellectual property” means the Patent, Design, Trade Mark, Copy Right and geographical Indications of Goods, as defined in the laws in force;

(iii) “Intellectual property law” means the Patent Act 1970, The Design Act, 2000, the Trade Marks Act, 1999, the Copyright Act, 1957 or the Geographical Indications of Goods (Registration and Protection) Act, 1999;

(iv) “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.

The above custom notification is of positive advantage to legal entities that may experience extensive counterfeit and infringement problems in India.

The above recordial of IPR with Indian Customs will be cost effective as it would save huge litigation costs in courts as well as in proceedings for preventing sale of counterfeit goods.

In view of the above, It is very importent for every concered person/institution to register various patents as well as designs/trademarks/copyrights/geographical indications of goods with the Indian customs to safe guard and protect their  IPRs and related interests in the Indian markets.