Article by Vijay Pal Dalmia, Advocate, Supreme
Court of India and Delhi High Court, Partner & Head of
Intellectual Property Laws Division, Vaish Associates Advocates,
India
Border Control Measures
Enforcement under the (Indian) Customs Act, 19621
The Government of India under Section 11 of the (Indian) Customs
Act, 1962, is empowered to prohibit importation and exportation of
goods of specified description, if it deems necessary to do so. The
provision, inter alia, empowers the government to prohibit
the import or export of goods for 'the protection of patents,
trademarks and copyrights. The goods imported in contravention of
the provisions of the Customs Act or any other laws for the time
being in force are liable to be confiscated. In this regard, a
customs officer is empowered to inspect any premises, conveyance,
x-ray any person and effect search and seize in case where they
have reasons to believe that the goods are of contraband nature.
They can also
