Stop Counterfeits at the Gate: A Practical Guide to IP Enforcement at Indian Customs
Why Border Enforcement Matters More Than Ever
For brands, IP owners, startups, and even large manufacturers, counterfeit imports are a silent threat. These fakes don’t just copy your product — they undermine trust, cause financial loss, invite bad reviews, and dilute years of hard-earned goodwill.
And yet, many IP owners only find out after the damage is done.
What most businesses don’t realize is that India has a powerful, underutilized legal tool to stop counterfeits at the port itself — through the IPR (Imported Goods) Enforcement Rules, 2007. This mechanism allows Indian Customs to intercept and destroy infringing goods before they’re cleared for sale.
Step-by-Step: How to Enforce Your IP Rights at Customs
1. Register Your IP in India
You must first hold a valid Indian IP registration (trademark, patent, copyright, design, or GI). Without this, Customs cannot take any action.
2. Record Your IP with Indian Customs (ICEGATE)
Once registered, your rights must be filed with the ICEGATE portal:
Submit proof of registration
Product details and distinguishing features
Sample images of original goods
Indemnity bond and bank guarantee
3. Customs Monitors and Flags Suspicious Imports
After recordation, Customs uses its internal database and risk profiling to flag any consignment that may infringe your IP. If a suspected shipment is found, they will suspend clearance and notify you.
4. You Inspect and Respond
You’ll be given 10 working days (extendable by 10) to inspect the goods and confirm if they are infringing. If you don’t respond in time, the goods are released.
With our support, clients can quickly arrange inspections, confirm violations, and trigger enforcement procedures under the Customs Act, 1962.
5. Adjudication and Destruction
If infringement is confirmed, Customs issues a Show Cause Notice (SCN) to the importer. After a hearing:
Infringing goods can be confiscated and destroyed
Storage and destruction costs are usually borne by the rights holder
If the seizure was wrong, the importer may seek compensation
Case Studies: What the Courts Say
🔹 Philips v. Customs (2005)
Held that even goods in transit through India can be seized for IP infringement.
🔹 Louis Vuitton v. FedEx (2006)
Confirmed that courier and postal imports can be intercepted without prior court orders.
🔹 Intel v. DCM (2011)
Validated the power of proactive recordation and IP–Customs cooperation in stopping fake tech imports.
What We Do at Novitas Legal
We are not just lawyers — we are your IP enforcement partners. Our services include:
Strategic advice on customs recordation
Drafting and filing bonds, affidavits, ICEGATE submissions
Coordinating inspections and SCN responses
Representation during hearings and appeals
We’ve helped tech innovators, luxury brands, and fast-scaling startups block counterfeits at the port — before they ever hit Indian shelves.
Don’t Let Infringers Set Foot on Indian Soil
One counterfeit shipment is enough to:
Harm your sales
Damage your brand
Spark consumer complaints and returns
Take control. Start enforcing your IP at the gate.