BORDER ENFORCEMENT OF TRADEMARK RIGHTS: THE ROLE OF CUSTOMS AUTHORITIES IN COMBATING COUNTERFEIT IMPORTS

AUTHOR – KAREN C THOMAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – KAREN C THOMAS, BORDER ENFORCEMENT OF TRADEMARK RIGHTS: THE ROLE OF CUSTOMS AUTHORITIES IN COMBATING COUNTERFEIT IMPORTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 775-784, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the role of border enforcement mechanisms in protecting trademark rights and preventing the importation of counterfeit goods into domestic markets. With the consistent expansion of global trade and e-commerce, the circulation of counterfeit products has become a significant challenge for governments, businesses, and consumers. The study analyses the international legal framework governing border enforcement, specifically the provisions of the TRIPS Agreement by the World Trade Organisation, which requires member states to establish and implement procedures enabling customs authorities to halt the release of suspected counterfeit goods. The paper further evaluates the Indian legal regime, focusing on the Customs Act 1962, the Trade Marks Act 1999, and the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007. Through an analysis of judicial decisions, comparative practices in other jurisdictions, and contemporary enforcement challenges, the paper argues that effective customs enforcement is an indispensable safeguard against the entry of counterfeit goods and a crucial component of modern trademark protection.

Keywords: Intellectual property rights, Counterfeit goods, Border enforcement, Trademark, Customs authorities