Indian Customs Authorities And Protection Of Intellectual Property Rights

Article by Mr Ashok Sagar¹

In pursuance of its obligations to implement border measures as envisaged in Articles 51 to 60 of the WTO Treaty on Trade Related Aspects of Intellectual Property Rights (TRIPS), India has defined the role of the Customs Authorities in combating Intellectual Property Rights (IPR) infringements at the borders (land, sea and air).

Section 11 (1) of the Customs Act, 1962 (hereinafter 'Act') empowers the Central Government (Union Government) to prohibit either absolutely or subject to conditions, the import or export of goods of any specified description for any of the purposes set out in sub-section (2) of the said section. Such prohibition may, inter-alia, be for the protection of patents, trade marks or copyrights. For convenience of reference the relevant portions of section 11 are reproduced herein below:-