Yet another old notification amended in tune with IPR Enforcement Rules
As per Notification No. 1/1964 – cus dated 18.1.1964, the import of the following goods are prohibited.
(i) counterfeit coin or coin made under the Native Coinage Act, 1876, or Indian Coin, which is not of the established standard in weight or fineness.
(ii) any obscene book, paphlet, paper, drawing, painting, representation, figure or article.
(iii) goods having applied thereto a false trade mark within the meaning of section 77 of the Trade and Merchandise Marks Act, 1958.
(iv) goods having applied thereto a false trade description within the meaning of clause (f) of sub-section 1) of section 2 of the Trade and Merchandise Marks Act, 1958, otherwise than in relation to any of the matter specified in sub-clauses (ii) and (iii) of clause (u) of that sub-section.
(v) ******* deleted***********
(vi) ******* deleted***********
(vii) goods made or produced beyond the limits of India and intended for sale, and having applied thereto a design in which copyright exists under the Indian Patents and Designs Act, 1911, in respect of the class to which the goods belong or any fraudulent or obvious imitation of such design except when the application of such design has been made with licence or written consent of the registered proprietor of the design.
(viii) goods which are required by a notification under section 117 of the Trade and Merchandise Marks Act, 1958, to have applied to them an indication of the country or place in which they were made or produced the name and address of the manufacturer or the person from whom the goods were manufactured, unless such goods show such indication applied in the manner specified in the notification.
(ix) cotton yarn, manufactured outside India, such as is ordinarily imported in bundles, if each bundle containing such yarn has not been conspicuously marked:-
(a) with the name of the manufacturer, exporter or wholesale purchaser in India, of the goods, and
(b) with an indication of the weight and the count of the yarn contained in it, in accordance with the rules made under section 75 of the Trade and Merchandise Marks Act, 1958.
(x) cotton sewing, darning, crochet or handicraft thread manufactured outside India, if each of the units in which the thread is supplied has not been conspicuously marked:-
(a) with the name of the manufacturer, exporter or wholesale purchaser in India, of the goods, and
(b) with an indication of the weight and the count of the yarn contained in it, in accordance with the rules made under section 75 of the Trade and Merchandise Marks Act, 1958.
Now this 43 year old notification is amended to
1. Delete clauses (iii),(iv) and (vii) – rightly so as they have now been brought under the Notification No. 49/2007 Cus NT prohibiting Import of IPR infringing goods, detailed above.
2. Substitute theTrade Marks Act, 1999 for the Trade and Merchandise Marks Act, 1958.
It is sheer brilliance at its peak for the hard working boys in the Board to have realized that these two notifications exist, then to fish them out and amend/supersede them. A remarkable feat indeed and DDT wholeheartedly salutes these brilliant officers.
NOTIFICATION NO. , Dated: May 8, 2007