How do I stop counterfeit goods bearing my trademark from being imported into India

Question

I have discovered that counterfeit products using my trademark are being imported into India and I want customs authorities to intercept them. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I stop counterfeit goods bearing my trademark from being imported into India is governed in India primarily by Customs Act, 1962, Section 11 and Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 11 of the Customs Act, 1962 empowers the Central Government to prohibit the import or export of goods for the protection of intellectual property rights, among other public interest grounds, forming the statutory basis for customs enforcement against counterfeit and pirated goods entering India.

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 allow a registered trademark, copyright, design or GI owner to file a 'notice of recordal' with the Directorate of Revenue Intelligence's Central Recordation System, providing details of genuine and suspected counterfeit goods, enabling customs officers at ports and airports to proactively identify and suspend clearance of suspect consignments.

Once a recordal is in place and customs suspends clearance of a suspect shipment, the rights holder is notified and must join the proceeding, typically providing a bond and confirming whether the goods are counterfeit, after which customs can order destruction or other disposal of confirmed counterfeit goods under the Rules, without requiring the rights holder to file a separate civil suit for each consignment.

Registering with the customs recordal system is time-bound, generally valid for a defined period and renewable, and rights holders often combine customs recordal with civil enforcement (injunction suits) and criminal complaints under the Trade Marks Act, 1999 and Copyright Act, 1957 for maximum protection against repeat importers of counterfeit goods.

What to do next: 1) Register your trademark, copyright or design with the IPR recordal system with customs; 2) Provide customs with clear product identifiers to distinguish genuine from counterfeit goods; 3) Respond promptly when notified of a suspended suspect consignment; 4) Pursue destruction of confirmed counterfeit goods and consider parallel civil or criminal action.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Customs Act, 1962, Section 11 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.