# OFFICE OF THE COMMISSIONER OF CUSTOMS #
# NEAR AKASHWANI: NAVRANGPURA: AHMEDABAD – 380 009 #
Website: ahmedabadcustoms.gov.in E‐Mail : cusahmed@guj.nic.in
F.No.VIII/48-209/Cus/T/2007 Dated: 6th November, 2007.
PUBLIC NOTICE NO. 64/ 2007
Sub : Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 – Instructions for implementation – Regarding.
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A copy of Board’s Circular No. 41/2007-Customs, issued from F. No. 305/96/2004- FTT (Pt-I) dated 29.10.2007, by Commissioner (Customs &EP), Central Board of Excise & Customs, New Delhi, on the above subject, is enclosed herewith for information, guidance and necessary action.
2. All the Trade Associations/Chambers of Commerce and Members of Regional Advisory Committee and Custom House Agents’ Association are requested to publicise the contents of this Public Notice amongst their Members/Constituents, for their information and necessary action.
(RAKESH KUMAR SHARMA)
COMMISSIONER
Encl : As Above.
Copy to : As per Mailing List.
Circular No. 41 /2007- Customs
F. No. 305/96/2004-FTT (Pt-I)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Dated the 29th October, 2007
To
The Chief Commissioners of Customs (Aln( �/span>
The Chief Commissioners of Central Excise (Aln( �/span>
The Chief Commissioners of Central Excise & Customs (Aln( �/span>
The Director General of Revenue Intelligence/ Central Excise Intelligence/Systems and Data Management/ Audit/ Export Promotion/Safeguards
The Chief Departmental Representative (CESTAT), Delhi
Sir,
Subject: Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 – instructions for implementation –reg.
Section 11 of the Customs Act,1962 provides that the Central Government may, by issuance of notification in the official Gazette, prohibit either absolutely or subject to such conditions as may be specified, import or export of goods for the purposes specified in sub-section (2) of section 11 of the Customs Act, 1962. The Central Government may restrict or prohibit import and export of goods infringing trademarks, patents and copyrights under clause (n) of subsection (2) of section 11 of the Customs Act, 1962. Similarly, the Central Government may restrict import and export of goods for the purpose of prevention of the contravention of any law for the time being in force, under clause (u) of subsection (2) of section 11 of the Customs Act, 1962.
2. Prior to 8-5-2007, notification no. 1/64-Cus dated 18-1-64 prohibited import of goods infringing trademarks and designs under the Trade and Merchandise Marks Act 1958 and Indian Patents and Designs Act, 1911 respectively.
3 Representations were received from the trade for issuance of a notification to prohibit import of goods infringing other IPR laws as well. Further, considering our obligation to implement border measures as envisaged in Articles 51 to 60 of the WTO Treaty on Trade Related Aspects of Intellectual Property Rights (TRIPS), a need was felt to define the role of Customs precisely in combating IPR infringements at the borders. Accordingly, notification No 49/2007-Customs dated 8-5-2007 has been issued, which prohibits import of goods infringing intellectual property rights of the right holders under The Copyright Act, 1957, the Trade Marks Act,1999, the Patents Act, 1970, the Designs Act, 2000 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. Besides, the procedure for registration of a notice with the Customs by right holders and the conditions for such registration, etc. have been laid down in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 notified under notification 47/2007-Customs (NT) dated the 8th May,2007 (hereinafter referred to as the said Rules). The said Rules lay down a detailed procedure to be followed by the right holders or their authorized representatives as also by the Customs for seeking suspension of release of suspect imported goods.
4. It is pertinent to mention that while the mandatory obligations under Articles 51 to 60 of the TRIPS dealing with border measures are restricted to Copyright and Trade Marks infringement only, the said Rules deal with Patents, Designs and Geographical Indications violations as well, in conformity with the practice prevailing in some other countries, notably EU countries. While it is not difficult for Customs officers to determine Copyright and Trade Marks infringements at the border based on available data/inputs, it may not be so in the case of the other three violations, unless the offences have already been established by a judicial pronouncement in India and the Customs is called upon or required to merely implement such order. In other words, extreme caution needs to be exercised at the time of determination of infringement of these three intellectual property rights.
The said Rules, inter alia, provide for
(i) the filing of a notice by the right holder;
(ii) registration of said notice by the Customs;
(iii) a time limit for right holders to join proceedings;
(iv) a single point for registration of the notice filed by the right holder;
(v) adequate protection to the rightful importer;
(vi) adequate protection to the Customs for bonafide act;
(vii) suo-moto action by the Customs in specified circumstances;