It is an undeniable fact that the increase in technological advancements and open markets has led to the development of unregulated market forces, thereby aiding in the increase of grey-markets.
In order to curb such illegal entry of the fake, illegal and counterfeit goods in the Indian market and to reduce expansion of grey-market, the Government of India has taken some considerable steps. One such major step taken by the Customs Department of India was to bring in force the Customs Recordal system in furtherance of its aim to avert the cross-border movement of counterfeit or infringing goods. The afore-stated recordal system offers trademark rights holders to register their trademark with the customs houses to stop the import of infringing and counterfeit products. The aim of recording intellectual property rights with the Customs Offices is to prevent trade in counterfeit or infringing goods.
How does the Customs Recordal System function?
In order to stop the import of counterfeit / low quality products in India, an application for recordal of custom is required to be filed with Customs Authority of India, along with the necessary documents and information, so that such fake products pertaining to a registered brand are seized at the customs port itself.
A Unique Temporary Registration Number (UTRN) is then generated, which along with a physical copy of the documents must be submitted to the IPR cell of the Custom House. Within 30 days a Unique Permanent Registration Number (UPRN) will be issued which serves as conclusive proof of recordation of the intellectual property right.
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