Border Enforcement Measures in India

Intellectual property right holders in India are able to enforce their rights at the border, thanks to laws modelled on those suggested by the World Customs Organization, Saif Khan explains.

India has enabled intellectual property right holders to enforce their rights at the border and, thereby, enhance protection of intellectual property rights against infringement. In this regard, the Government of India notified the Intellectual Property Rights (Imported Goods) Rules, 2007 in May 2007, based on the model legislation drafted by the World Customs Organization. These rules empower the Customs authorities to suspend the clearance of import of goods suspected to be infringing intellectual property into India.

This article was published in Asia IP April 2013.

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