CHENNAI: The Union Government is amending its Customs regulations in tune with the country's obligations under the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement, signed more than a decade ago, according to experts.

The "special border measure" obligations under the TRIPS, which covers only trade marks and copyright, will empower Customs authorities to seize goods and/or prevent their channelling into commerce on the basis of complaints from holders of the relevant IPR. In some cases, Customs will also be able to hold up, seize or search goods suo motu.

However, in exercising these functions, the officials have to be aware of the proper procedures to be followed, including in relation to the plaintiff and the courts and time lines. Also, exemptions from the definition of infringement, like de minimis (small quantities) of imports and exports, samples, and personal baggage, would have to be understood.

It is in view of the role of Customs regulations that the European Union-India Trade and Investment Development Programme (TIDP) is organising events in Chennai and Delhi to familiarise the Customs authorities with the concept of intellectual property in general and border measures to be taken in respect of pirated and contraband goods in particular.

Inaugurating a two-day training workshop for customs officials in the southern region here on Thursday, C. Rajan, Commissioner of Customs, Air Cargo, said Customs were the "first line of defence" against pirates of IPR-protected products. Violation of trademarks to sell spurious products in the automobile and components sectors, drugs and infant foods not only infringed on the rights of IPR holders but also posed a threat to the safety of consumers.

Action against piracy

Pirated products seized in India often originated in countries such as Malaysia, China, Singapore and Dubai, but were not always transported directly. Similarly, there was export of pirated and spurious products from India.

The World Customs Organisation had written to the Central Board of Excise and Customs on the need to take concerted action against piracy, Mr Rajan said.

G. Manivachagam, Additional Director-General, National Academy of Customs, Excise and Narcotics (NACEN), Kolkata, said unless piracy was curbed, the country's economic growth would be affected.

S.K. Verma, Team Leader on TIDP-IPR and professor of Delhi University, said the Centre was expected to issue notifications in the near future to bring Customs regulations in tune with the TRIPS requirement.

AVS Rama Sarma, Partner, Kochhar & Co, Kurt Vittrup and other professionals made presentations.

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