Enforcement of IP rights in imports: the dual SIM saga

The violation of intellectual property (IP) rights may take place through the cross-border transmission of goods, and particularly during importation. In this respect, the Indian government has invoked the participation of customs officials in the enforcement of IP by bringing into force the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.

This legislation is of particular relevance owing to the fact that imports of counterfeit or infringing products may prove to be detrimental to the business of a commercial rights holder.

The rules were brought into force to further the exercise of powers originally conferred under certain provisions of the Customs Act, 1962, which prohibit the importation or exportation of goods for purposes contrary to the protection of patents, trademarks and copyrights, and for the prevention of the contravention of any law for the time being in force. The rules were brought to force in 2007 and apply exclusively to imported goods.

Manisha Singh Nair is a partner at Lex Orbis, an intellectual property practice law firm headquartered in New Delhi.