TMI BlogIntellectual Property RightsX X X X Extracts X X X X X X X X Extracts X X X X ..... stration and Protection) Act, 1999 have provisions prohibiting import of goods infringing Intellectual Property Rights under the respective Acts. 2.2 Central Government has been empowered under Section 11 of the Customs Act, 1962 to issue notifications for prohibiting either absolutely or subject to such conditions as may be specified in the notification, the import or export of goods of any specified description. Section 11(2) of the said Act details the purpose for which such a notification may be issued by the Central Government which, inter-alia, covers the following purpose: (i) Protection of patents, trademarks and copyrights. [Section 11(2)(n)]; and (ii) Prevention of the contravention of any law for the time being in for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny of the matters connected to description, statement or other indication direct or indirect of the product but not including those specified sub- clauses (ii) and (iii) of clause (za), of sub-section (1) of Section 2 of the Trade Marks Act, 1999. 2.5 In this context, the issue of permitting import of original/genuine products (not counterfeit or pirated) which are sold/ acquired legally abroad and imported into the country, by persons other than the intellectual property right holder without permission/ authorisation of the IPR holder, known in the trade as 'parallel imports' has been clarified by the Department of Industrial Policy and Promotion (DIP P), Ministry of Commerce Industries, which is nodal authority for all matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. [Refer Circular No.13/2012-Cus., dated 8-5-2012] 2.6 The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 provide a procedure to be followed by the right holders and Customs officers to prohibit importation of goods infringing Intellectual Property Rights and the action to be taken, by the right holders and Customs Officers, after suspension of release of the infringing goods. These Rules provide for, inter alia: (i) Notice to be given by a right holder in writing to the Commissioner of Customs or any Customs Officer authorised by Commissioner requesting for suspension of release of goods imported; (ii) Notice to be accompanied by fees of ₹ 2,000/-; (iii) Within 15 days or extended p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of registration but prior to importation, it may be difficult to fix the bond amount corresponding to the value of suspected infringing goods not yet imported. Further, this would lock in right holders' money in the form of security. Therefore, the right holders may furnish a General Bond without security [Para 3.1 (i)]. The right holder shall also undertake to execute Consignment Specific Bond with the jurisdictional Commissioner of Customs at the port of interdiction within three days from the date of interdiction of any allegedly infringing imported consignment. The surety and security shall be on consignment basis and shall be furnished along with the consignment specific bond consequent upon interdiction of the consignment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.1 Besides the legal measures to check import of counterfeit and pirated goods, an automated system facilitates genuine trade and targeting of infringing goods more effectively. Such a mechanism also integrates the Custom clearance procedures with the IPR regime. 4.2 A software module called Automatic Recordation Targeting System (ARTS) has been developed with the following objectives: (i) Effective implementation of the IPR (Imported Goods) Enforcement Rules, 2007; (ii) Integration of IPR enforcement with Customs clearance procedure; (iii) Web-based on-line recordation; (iv) Providing a platform for right holders to record their rights with Customs; (v) Enabling National targeting of suspect consignments; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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