Customs gets trade mark – IPR enforcement agency
The Government has brought in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. These rules were in force for the last 10 days secretly preserved and hesitatingly released yesterday.
Highlights:
Notice by the right holder – A rights holder can give a notice to the Customs Commissioner requesting for suspension of clearance of goods suspected to be infringing intellectual property right with a fee of Rs. 200/-.
The right holder shall:
++ execute a bond with the, undertaking to protect the importer, consignee and the owner of the goods and the competent authorities against all liabilities and to bear the costs towards destruction, demurrage and detention charges incurred till the time of destruction or disposal
++ execute an indemnity bond with the Commissioner of Customs indemnifying the Customs authorities against all liabilities and expenses on account of suspension of the release of allegedly infringing goods.
After the grant of the registration of the notice by the Commissioner on due examination, the import of allegedly infringing goods into India shall be deemed as prohibited within the meaning of Section 11 of the Customs Act.
Where the Deputy Commissioner of Customs has a reason to believe that the imported goods are suspected to be goods infringing intellectual property rights, he shall suspend the clearance of the goods.
Goods of a non-commercial nature contained in personal baggage or sent in small consignments intended for personal use of the importer are not subject to these Rules.
Protection to Customs officers when acting in good faith and having followed the procedures - They are not liable for
(a) any failure to detect goods infringing intellectual property rights,
(b) the inadvertent release of such goods, and
(c) any other action in respect of such goods.
NOTIFICATION NO. , Dated: May 8, 2007