Rules 6 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.
Once a right holder's notice is registered, rules 6 to 10 of the IPR Enforcement Rules, 2007 say what customs may do with suspect consignments. Imports of allegedly infringing goods become prohibited, the officer suspends clearance, the right holder must join the proceedings within short periods, and both sides can examine the goods and ask for each other's details.
This article reads the Rules as amended up to the CBIC text updated 22 June 2018 (Notification No. 56/2014-Cus. (N.T.) and No. 56/2018-Cus. (N.T.) are the amending notifications reflected in it). Later notifications should be checked, as no official consolidated text exists beyond the CBIC text.
After registration, import of allegedly infringing goods is deemed prohibited under section 11. The Deputy Commissioner or Assistant Commissioner suspends clearance, on the right holder's notice or on his own initiative, and must tell both importer and right holder immediately. If the right holder does not join the proceedings within ten working days (three working days for perishable goods), the goods are released, provided other import conditions are met.
Rule 6: the goods become prohibited
After the Principal Commissioner or Commissioner grants registration of the notice, on due examination, the import of allegedly infringing goods into India is deemed prohibited within the meaning of section 11 of the Customs Act, 1962. That is the legal hook for stopping and, later, confiscating the goods. See our article on section 11. If a consignment of yours is already caught, our trademark infringement notice team can help with the response. The registration steps are in our article on rules 1 to 5.
Rule 7: suspension of clearance
7(1)(a). If the Deputy Commissioner or Assistant Commissioner, based on the right holder's notice, has reason to believe the goods are suspected to be infringing, he shall suspend clearance.
7(1)(b). He may also suspend clearance on his own initiative where he has prima facie evidence or reasonable grounds to believe the goods infringe.
7(2). He must immediately inform the importer and the right holder (or their authorised representatives), by speed post or electronic mode, of the suspension and state the reasons.
7(3). Where suspension rests on the right holder's notice and the right holder or representative does not join the proceedings within ten working days from the date of suspension, the goods are released, provided all other conditions of import under the Act are met. The Principal Commissioner or Commissioner or an authorised officer may extend this by another ten days in appropriate cases.
7(4). Where the officer suspended on his own initiative and the right holder does not give notice under rule 3 or does not fulfil rule 5 within five days from the date of suspension, the goods are released, again provided the other import conditions are met.
7(5). Where the officer acted on his own initiative, customs may seek from the right holder information or assistance, including technical expertise and facilities, to decide whether the goods are counterfeit, pirated or otherwise infringing.
7(6). Where the officer suspended on his own initiative, and the right holder has given notice and met the rule 5 obligations but does not join the proceedings within ten working days, the goods are released (other conditions complied with). The proviso allows another ten working days in appropriate cases.
7(7). For perishable goods suspected of infringement, suspension lasts three working days, extendable by another four days if the Principal Commissioner or Commissioner or authorised officer is satisfied the extension will not affect the goods.
7(8). For perishable goods, the right holder must join within three working days or the extended period; if the officer acted on his own initiative, the right holder must give notice, execute a bond and join within the same period, failing which the goods are released.
7(9). If the right holder joins within the applicable period, the officer, having reasons to believe the goods infringe and are liable to confiscation under section 111(d), may seize them under section 110.
Periods at a glance
| Situation | Period printed | Sub-rule |
|---|---|---|
| Suspension on right holder's notice: right holder must join | Ten working days (extendable by ten days) | 7(3) |
| Suspension on officer's own initiative: right holder must give notice and meet rule 5 | Five days from suspension | 7(4) |
| Own initiative, notice given and rule 5 met: right holder must join | Ten working days (extendable by ten working days) | 7(6) |
| Perishable goods: suspension period | Three working days plus four days | 7(7) |
| Perishable goods: right holder joins | Three working days or the extended period | 7(8) |
Note the wording: 7(3) says "another ten days" while 7(6) says "another ten working days". Read each as printed.
An importer holding a suspension letter, or a right holder preparing to join the proceedings, should act inside these periods.
Rule 8: examination of goods
The Principal Commissioner or Commissioner, or the officer duly authorised, shall allow the right holder and the importer, or their authorised representatives, to examine the goods whose clearance is suspended. He may provide representative samples for examination, testing and analysis to help decide whether the goods are pirated, counterfeit or otherwise infringing, without prejudice to the protection of confidential information.
Rule 9: information to the right holder
On the right holder's request, the Deputy Commissioner or Assistant Commissioner shall inform the name and address of the importer, and, without prejudice to confidential information, may provide additional relevant information about the suspended consignment.
Rule 10: information to the importer
On the importer's request (or that of an authorised representative), the same officer shall inform the name and address of the right holder, and may likewise give additional relevant information about the consignment.
Example. Customs at a port suspends a consignment of branded bags on the strength of a registered notice from Orchard Brands. The officer writes to both Orchard Brands and the importer, Banyan Imports, giving reasons. Banyan asks for Orchard's address under rule 10 and both sides inspect the goods under rule 8. Orchard joins the proceedings on day seven. Because it joined within ten working days, the officer, if he has reason to believe the goods infringe and are liable to confiscation under section 111(d), may seize them under section 110.
For wider background on the civil, criminal and customs routes, see our guide to IP enforcement in India and the article on rule 79 of the Copyright Rules, 2013. What happens to goods found infringing is in our article on rules 11 to 13.
Need help with a suspended consignment?
Time limits in these rules are short, and a missed day can mean release of the goods or loss of the importer's position. For a notice, reply or strategy on a suspended shipment, reach our trademark infringement notice team.
Key takeaways
- After registration, imports of allegedly infringing goods are deemed prohibited under section 11.
- Customs must suspend on notice and may suspend on its own initiative; both sides are informed with reasons.
- The right holder must join within ten working days (three working days for perishable goods) or the goods are released.
- Own-initiative suspensions need notice and rule 5 compliance within five days.
- Both sides may examine the goods and may ask for each other's name and address.
Read next
- Rules 1–5 of the IPR Enforcement Rules, 2007: notice by the right holder and registration
- Rules 11–13 of the IPR Enforcement Rules, 2007: disposal, baggage and de-minimis exclusion
- IP enforcement in India: civil, criminal and customs routes
- Rule 79 of the Copyright Rules, 2013: notice to customs
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.