IPR

January 16, 2025

IPR Registration @ Customs

Under Section 11 of the Customs Act, the Central Government has the power to prohibit the importation or exportation of goods that, inter alia, violate patents, trademarks, copyrights, designs, and geographical indications.  

 

Currently, Notification No. 51/2010-Cus. (NT) issued under Section 11 of the Customs Act prohibits the import of goods intended for sale or use in India, which is in violation of specified provisions of the above parent IP statutes. 

 

The right-holder must file application for recordation of a trademark, patent, design, copyright or geographical indication

 

Where the applicant is seeking to record multiple IP rights, separate forms must be filled for each IP right. Similarly, where the applicant holds multiple registrations (for example: four registrations for one trademark, each in a single class) for single IP right, a separate application for each registration has to be filed. Likewise, if one multi-class registration is owned in three classes, one application shall cover all the three classes.

 

Thereafter, a unique temporary registration number will be generated.

The physical copies of the documents which were uploaded along with a print out of the application form filed online are required to be filed at the Customs Office of the Right holder's choice which has an IPR cell 

 

Thereafter, the concerned IPR Cell of the relevant Customs Office will scrutinize the documents and register the notice of the Right holder 

 

 

List of documents

Trade Mark/Patents/Designs registration certificate copy.

A statement of exclusivity grounds & clauses.

Copy of Pan card/copy of Aadhar card/copy of Passport

Copy of IEC.

Copy of certificate of Incorporation.

Digital image of genuine goods (for Trademarks, products  patents & designs).

 Copy of registration certificate or proof of title/Address proof.