Custom Authorities: Protecting Intellectual Property rights

Despite the fact that most companies have researchers to avoid IPR infringement, the incident rate of infringement is raising.

One of the most efficient ways to solve the infringement of intellectual property is to cooperate with customs authorities.

Provisions under the Indian custom law: The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, under which the rights holder can record the patents that have been granted to it with the Customs authorities. These guidelines authorize the Customs officials to seize goods infringing the patents of the rights holder at the border without obtaining any orders from the court.  Under these rules, the Customs authorities have initiated a recordation system using which the rights holder may give a notice in writing to Customs officer authorized by the Commissioner at the port of import of infringing goods requesting the suspension of clearance of goods suspected to be infringing patents of the rights holder. The Customs officers have the authority to suspend the clearance of such prohibited goods either at the information received by the rights holder. These rules also empower the Custom officers to destroy the suspended goods under official supervision or dispose them outside the normal channels of commerce after it has been determined that the goods detained have infringed the patents of the rights holder and that no legal proceeding is pending in relation to such determination. These rules also prohibit the re-exportation of the goods infringing patents in an unaltered state.

Stellarix would like to suggest to you the following measures and corresponding services:

  • Representation of your interests in all matters regarding IP protection before customs authorities, in particular:
    • Requesting from the customs authorities information, which might be necessary to prove the infringement of IP rights;
    • Taking tests, samples and specimens of suspicious goods, conducting investigations and expertise, photographs, and taking any other measures to evaluate the scope of the infringement;
    • Submitting claims on the infringing goods, requesting their confiscation and destruction in either the arbitration, commercial or criminal court, or the Antimonopoly Committee and/or Custom authorities.
  • Registration of Intellectual property in the corresponding country’s Patent & Trademark office.

Registration of your intellectual property in the PTO provide you with the following rights and possibilities:

  • Identification of infringers and grey market companies and individuals;
  • Control of unauthorized distribution channels and shipments;
  • Prevention of the occurrence of infringement during the import to or export from Russia;
  • Prohibiting competitors from benefiting from the reputation of your goods/services;
  • Identification of royalty underpayment of licensed goods/services;
  • Creating a strong image and reputation of your intellectual property

In the conclusion we can say that it’s necessary to pay special attention to importing and exporting goods-objects of intellectual property, carefully check existence of patents or other documents of possessing rights on merchandise.

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