Customs - Parallel Imports - Intellectual Property Rights - CBEC Clarifies
NOTIFICATION No. 51/2010-Customs (N.T.) dated 30.6.2010 prohibits import of goods for sale or use in India, which are covered under specified legal provisions of the following statutes that regulate products with false trade mark, fraudulent or obvious imitation of design, patent obtained without consent, false Geographical indication or product which infringe registered copyright etc.
(i) Trade Marks Act, 1999
(ii) Designs Act, 2000
(iii) Patents Act, 1970
(iv) Geographical Indications of Goods (Registration and Protection) Act, 1999 and
(v) Copyright Act, 1957.
In terms of the legal provisions under the IPR (Imported Goods) Enforcement Rules, 2007 read with notifications and circulars issued in this regard, the determination of the fact that whether particular consignment of imported goods infringes the rights of the IPR holder would be done by the Customs authorities taking into account the provisions of the above mentioned parent Acts.
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' was referred to the administrative Ministry i.e., Department of Industrial Policy and Promotion (DIP&P), Ministry of Commerce & Industries, seeking their clarification.
Board wants the field formations to decide cases of ‘parallel imports' on the basis of aforesaid legal provisions of parent Acts, the provisions of Notification No. 51/2010-Customs (N.T.) dated 30.6.2010 and the clarification given by the administrative Ministry.
Circular No. , Dated: May 08, 2012