Pravin Anand and Manish Biala explain how India’s customs authorities enforce IP protection
The growth of luxury goods in India has led to a symbiotic relationship between counterfeiters and India’s grey market. China and Hong Kong-based suppliers, with the help of Indian importers have made cheap counterfeits easily available, thereby reducing the brand value of the original goods. The effects on brand owner reputation and the Indian economy were drastic, resulting in calls for a serious response from the government.
The Customs Act, 1962, prohibits the import and export of any goods in India which violate Indian laws. The Indian customs authorities are the first line of defence against all counterfeits and fakes entering the Indian market. To ensure vigilance against intellectual property (IP) infringement, the Indian government enacted the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, (referred to below as the Customs Rules).
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Anand and Anand
CUSTOMS RULES
The Customs Rules were implemented to strengthen executive, administrative and statutory compliances and protect the rights of brand owners in India. The rules actively prevent entry into India of all counterfeit and infringing goods originating overseas unless inspected by brand owners, provided the brand owners’ IP rights are recorded with the Indian customs authorities.
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PRAVIN ANAND is the managing partner of Anand and Anand. MANISH BIALA is a partner at the firm.
