In the latest crackdown on intellectual property rights (IPR) violators, the Finance Ministry introduced new regulations that will allow companies to stop the import of products if they can prove the goods violate patents, trademarks, copyright or even geographical indications.
The new rules will help bring India’s IPR regulations in line with those stipulated under the WTO. From now on, companies can demand customs hold pirated goods at the country’s ports. Companies can also make requests to seize fake products if sufficient evidence is provided of a violation.
“Whenever an intellectual property rights owner … has definitive information or apprehension regarding imports into India of any goods which infringes his rights, he can immediately approach customs authorities,” Srinivas Kotni, managing associate at law firm Corporate Lexport, told the Economic Times. “Customs will provide him protection against such imports for one year.”
Brand owners have expressed growing concern about the flow of fakes from countries such as China into the Indian market. Before the new rules were introduced a company could easily import goods with specific brands of their choice without the consent of the IPR owner.
