Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 let a right holder ask customs to stop suspected infringing goods at the border. Rules 1 to 5 deal with the first stage: who may give notice, how it is registered and what the right holder must undertake in return.
This article reads the Rules as amended up to the CBIC text updated 22 June 2018 (which reflects Notification No. 56/2014-Cus. (N.T.) dated 6 August 2014 and Notification No. 56/2018-Cus. (N.T.) dated 22 June 2018). Later notifications should be checked, as no official consolidated text exists beyond the CBIC text.
A right holder gives written notice at the port of import in the prescribed format with an application fee of Rs. 2000. The Principal Commissioner or Commissioner must say within 30 working days whether it is registered. Registration lasts at least one year unless a shorter period is asked for, and is conditional on a bond and an indemnity bond from the right holder.
Rule 1: scope
The Rules may be called the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, they came into force on publication in the Official Gazette, and they apply to imported goods. They do not govern exports.
Rule 2: definitions
- Goods infringing intellectual property rights: goods made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorised by him.
- Intellectual property: a copyright as defined in the Copyright Act, 1957, a trade mark as defined in the Trade Marks Act, 1999, a design as defined in the Designs Act, 2000 and geographical indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999. An entry that stood between the trade mark and design references was omitted by Notification No. 56/2018-Cus. (N.T.), so the list now has four laws.
- Right holder: a natural person or legal entity regarded by the laws in force as the owner of the protected right, its successors in title, or its duly authorised exclusive licensee, and also an individual, corporation or association authorised by any of them to protect its rights.
The notice asks for proof of the existence and ownership of a valid right, so the right holder needs the underlying right in order first. For trade marks, see our trademark registration service.
Rule 3: notice by the right holder
Rule 3(1). A right holder may give notice in writing to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, or any customs officer authorised by him, at the port of import, asking for suspension of clearance of goods suspected to be infringing, under the procedures and conditions of the Rules.
Rule 3(2). The notice is given in the format prescribed in the Annexure.
Rule 3(3). Every notice must come with a document, as specified by the Principal Commissioner or Commissioner, showing payment of an application fee of Rs. 2000 (two thousand rupees only).
Rule 3(4). If any information required in the format is missing, the Deputy Commissioner or Assistant Commissioner may ask the right holder or authorised representative to supply it within 15 days, which may be extended on sufficient reasons being shown.
Rule 3(5). The right holder must inform customs when the intellectual property ceases to be valid or he ceases to be the owner.
What the Annexure format asks for (headings only)
The Annexure, referred to in rule 3(2), is the notice format. Its headings cover: the applicant's name and contact details (office address, residence address, e-mail, IEC number); telephone numbers; the name and contact details of an authorised representative with authorisation attached; proof of existence and ownership of a valid right; a statement of the grounds for the notice; for a specific consignment, its details and prima facie evidence of infringement; a detailed description of the goods with Customs Tariff heading, with a sample, model or photograph of a genuine product; and the customs airport, port or land customs station to be covered. It ends with a declaration and signature of the right holder or authorised representative.
Rule 4: registration of the notice
| Sub-rule | What it says |
|---|---|
| 4(1) | Within 30 working days from receipt of the notice, or from expiry of the extended time under rule 3(4), the Principal Commissioner or Commissioner notifies the applicant whether the notice is registered or rejected |
| 4(2) | If registered, the validity period of the registration, during which customs assistance is rendered, is indicated. The minimum validity is one year unless the notice or right holder asks for a shorter period |
| 4(3) | The registering officer immediately informs all customs offices covered by the notice, by speed post or electronic mode |
Note that rule 4(1) states the outcome as "registered or rejected" and sets no deemed registration if the officer is silent. A right holder who has not heard within the period should follow up in writing.
Rule 5: conditions for registration
Registration under rule 4 is subject to these conditions, as the Rules stand after the 2014 substitution and the 2018 insertion of clauses (c) and (d).
- (a) Bond. The right holder or authorised representative executes a bond with the Principal Commissioner or Commissioner for such amount, with such surety and security, as the officer considers appropriate. The bond undertakes to protect the importer, consignee, owner of the goods and competent authorities against all liabilities and to bear the costs of destruction, demurrage and detention charges until destruction or disposal.
- (b) Indemnity bond. The right holder executes an indemnity bond indemnifying customs against all liabilities and expenses arising from suspension of the release of allegedly infringing goods.
- (c) Duty to report changes. The right holder must tell the Commissioner at the time of notice about any amendment, cancellation, suspension or revocation of the right by the authorities under the intellectual property law or any court or appellate board after its registration. If such a change happens during the validity of the registered notice, it must be reported within one month of the date it is communicated to the right holder or his authorised person.
- (d) Customs may react. On such a change, the Commissioner may amend, suspend or cancel the notice and the corresponding protection.
The Rules do not print the amount of the bond; the officer fixes it. Budget for the surety and the security before filing.
Example. Lakeview Footwear owns a registered trade mark for a sports shoe line and suspects counterfeits at one port. It files a written notice in the Annexure format with the Rs. 2000 fee receipt and proof of registration. The Commissioner registers it for one year, subject to a bond and indemnity bond. If the trade mark registration is later cancelled, Lakeview must report that within one month of being told, and the Commissioner may cancel the notice.
For the Act-level basis, see our article on section 11, and for background on the procedure, our guides on customs recordation of IP rights and border measures against counterfeit goods. What happens after registration is in our article on rules 6 to 10.
Need help protecting your brand at the border?
A notice is only as strong as the right behind it. If your mark or design is not yet registered, start there with trademark registration, then plan the customs notice. See also rules 11 to 13 for disposal of seized goods.
Key takeaways
- The Rules apply to imported goods; four Indian laws define "intellectual property".
- The notice goes in the Annexure format with an application fee of Rs. 2000 and proof of payment.
- The officer has 30 working days to register or reject; minimum validity is one year unless a shorter period is asked for.
- A bond and an indemnity bond are conditions of registration.
- Changes to the underlying right must be reported within one month of being communicated.
Read next
- Rules 6–10 of the IPR Enforcement Rules, 2007: suspension of clearance and examination
- Rules 11–13 of the IPR Enforcement Rules, 2007: disposal, baggage and de-minimis exclusion
- Customs recordation of IP rights and border protection
- Section 11 of the Customs Act: power to prohibit import or export
Disclaimer: Based on the customs rules named above as published on the CBIC Tax Information Portal and, for sets amended since 2023, the amending notifications (read through a TaxClue consolidated reading text; no official consolidated text exists), as consulted on 3 October 2026. Later notifications, rates and the Customs Act, 1962 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.