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ARTICLE · 22 FEBRUARY 2022

Customs Measures Against Sale Of Infringing Goods

Khurana & Khurana, Advocates and IP Attorneys
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There are various ways to protect one's Intellectual Property in a particular jurisdiction and also for the enforcement of rights associated with it.

IndiaIntellectual Property

There are various ways to protect one's Intellectual Property in a particular jurisdiction and also for the enforcement of rights associated with it. One can get the IP registered and move to the court in case it is infringed by someone to get appropriate remedies. But what happens in the case of import-export of goods? In a common case of infringement, one can identify the infringer and enforce their rights against such infringer. But suppose there is an import of infringing goods and such goods are then supplied to various retail outlets spread across the country. Enforcing the rights of the IP owner against each such outlet will become a tiresome, expensive, and unnecessary burden. Therefore, measures have to be taken to stop the infringing goods at the customs itself. Consequently, it becomes imperative for the IP owners to get a recordal from the Customs Office so that the enforcement process becomes easier in the future.

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