Counterfeit and infringing goods often enter India through import channels. Once they reach the domestic market, enforcement becomes complex and costly. Border control measures—especially customs monitoring—act as the first line of defence, stopping such goods before they circulate.
Legal Basis
Border enforcement in India operates under:
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Customs Act, 1962
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Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
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Trade Marks Act, 1999 (statutory rights for trademark holders)
Together, these empower Customs to intercept suspicious shipments and protect trademark rights.
Customs Recordal: The Core Tool
The most direct border control measure is recording a trademark with Customs.
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Trademark owners register their marks through the CBIC IPR Recordation Portal.
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Customs officials are then alerted to block infringing goods at ports and airports.
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Goods can be detained, examined, and destroyed if confirmed counterfeit.
(This process is explained in detail in your separate article on Customs Recordal in India.)
How Border Control Works in Practice
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Monitoring Imports/Exports
Customs officers check documentation and physical shipments against the recordal database. -
Detention of Goods
If a consignment appears to bear a registered mark (or close imitation), it may be detained. -
Notification to Brand Owner
The rights holder is informed and must confirm within a prescribed time (generally 10 working days) whether the goods are counterfeit. -
Confiscation or Release
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If confirmed counterfeit → goods are seized and destroyed.
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If genuine → shipment is released to the importer.
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Limitations of Border Control
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Active Participation Needed: Customs relies on brand owners to confirm infringements quickly.
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Parallel Imports (Grey Market Goods): Unless restricted by law, genuine goods imported without the owner’s consent may not be blocked.
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Time-Bound: Owners must respond within tight deadlines, failing which goods may be released.
Benefits to Brand Owners
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Cost-Effective Enforcement: Stops large volumes of counterfeit goods before they scatter into multiple markets.
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Consumer Safety: Prevents harmful counterfeit products (pharma, auto parts, electronics) from reaching buyers.
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Stronger Deterrence: Creates a visible barrier, discouraging counterfeit networks from targeting India.
Border control is a cornerstone of India’s anti-counterfeiting framework. By combining Customs recordal, real-time brand-owner cooperation, and proactive monitoring, it ensures that infringing goods are stopped at the gates. For businesses, it’s a vital preventive strategy that complements court actions and market enforcement.
