Custom Authorities has gained importance for their role in enforcing intellectual property by protecting borders from the entry of goods that infringe intellectual property.
As the demand of International trade rose, Custom has gained responsibility of border control and IP protections, since there cannot be any better solution for intellectual property protection than confiscating infringing goods at the border itself.
Counterfeiting strikes deep at entrepreneurial spirit by weakening the benefits to the innovator. Counterfeit goods adversely affect consumer interest and often stay out of the tax net. Intellectual property protection has therefore been widely acknowledged as a vital factor for economic growth, encouraging innovation and attracting investment.
What Are The Various Types Of IPRS Protected Under Indian Custom?
Import of goods infringing specific provisions of:
- Trademarks Act, 1999
- Patents Act, 1970
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Copyright Act, 1957
- Designs Act, 2000
Will all be protected under Indian custom.
Under Section 11 of the Customs Act, the Central Government has the power to prohibit importation or exportation of goods that, inter alia, violate patents, trademarks, copyrights, designs and geographical indications.