IPR REGULATIONS & CUSTOMS / BORDER CONTROL IN INDIA


Dated 16th November 2011

India has a robust framework for protection of IPR. However, IPR violations in the consumer goods industry especially that segment which has high aspirational value viz. cosmetics, apparels etc., remains to be a major issue. Proactive measures would be required by brand rights holder to prevent counterfeited products of theirs swamping the INDIAN market. The difference between Border control measures and other traditional IPR violation remedies is that Border control measures allows Right Holders to pre-empt the possibility of IPR abuse. Binding guidelines has been prescribed by government of India for regulating IPR issues insofar as Customs / Border Control is concerned. Following is the prescribed customs framework for IPR issues.

  1.         Notification No 47 / 2007 – CUSTOMS (N.T) dt: 08.05.2007.

This Notification notifies Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, which allows a right holder to give notice in writing to the Commissioner of Customs at the port of import of goods infringing intellectual property rights. The procedural & conditions framework in the IPR (Imported Goods) Enforcement Rules, 2007. Pertains to : –

–          The filing of a notice by the right holder.

–          Registration of said notice by the Customs.

–          A time limit for right holders to join proceedings.

–          A single point for registration of the notice filed by the right holder.

–          Adequate protection for the rightful importer.

–          Adequate protection to the Customs for bonatide act.

–          Suo – Moto action by the Customs in specified circumstances.

–          Disposal of the confiscated goods.

–          No action against goods of non commercial nature contained in personal baggage or sent in small consignments intended for personal use of the importer.

The definitional framework of the IPR (Imported Goods) Enforcement Rules, 2007, are as follows:

–          “Goods infringing intellectual property rights” means any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder.

–          “Intellectual property” means a copyright as defined in the Copyright Act, 1957, trade marks as defined in the Trade Marks Act, 1999.  Patent as defined in the Patents Act, 1970, design as defined in the Designs Act, 2000, and geographical indications as defined in the Geographical Indications of Goods (Registration & Protection) Act, 1999.

–          “Right holder” means a natural person or a legal entity, which according to the laws in force is to be regarded as the owner of protected intellectual property right, its successors in title, or its duly authorized exclusive licensee as well as an individual, a corporation or an association authorized by any of the aforesaid persons to protect its rights.

2.       Notification No. 48 / 2007- CUSTOMS (N.T) dt: 08.05.2007.

This notification amends Notification No. 1/64 dt: 18.01.1964 prohibiting import of counterfeit trademark goods.

  1.         Notification No. 50 / 2007- CUSTOMS (N.T) dt: 08.05.2007.

This notification prohibits export of goods for violations of provisions of trade mark rules, 2002 read with Trade Marks Act, 1999.

4.        Circular No. 41 / 2007- dt: 20.10.2007

This circular prescribes the procedural framework or implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, As per this circular right (IPR) notices electronically with the help of user friendly web- based  / enabled application through the e-commerce portal of Government of India: http: //www.icegate.gov.in.

  1. Customs formations in turn have prescribed further operational guidelines for the web-enabled IPR notice filing application. Following are the details of Public Notice No. 56/2007 dated 06.12.2007 issued by Jawaharlal Nehru Custom House, Nhava Sheva. (which oversees more than 40% of India’s International trade by volume as well as value).

In the said context it would be instructive to know about the standard operating procedure prescribed for customs opticians entrused with the responsibility of administering the IPR laws & guidelines.  Standing Order No. 49/2007 dt: 06.12.2007, issued by Jawaharlal Nehru Customs House, Nhava Sheva.

LIST OF NOTIFICATIONS / CIRCULARS PUBLIC NOTICE & STANDING ORDER IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS

  1.         Notification no. 47/2007 – Cus (N.T.) dated 08-05-2007.

Subject: Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.

  1.         Notification no. 48/2007 – Cus (N.T.) dated 08-05-2007.

Subject: Amendments in the notification regarding Prohibiting import of couinterfeit trademark goods.

  1.         Notification no. 50/2007 – Cus (N.T.) dated 08-05-2007.

Subject:  Prohibits export of the goods.

  1.         Circular no. 41/2007 – Cus, dated 29-10-2007.

Subject: Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.

5.    Public Notice No 56/2007 issued by Jawaharlal Nehru Customs House, Nhava Sheva, date: 06.12.2007.

Subject: Intellectual Property Rights (IPRs) regime –Board’s Circular No. 41/2007 – Customs, dated 29.10.2007 – National IPR database &  web-enabled applications – operational guidelines and instructions – for right holders / trade.

  1.         Standing Order No 49/2007 issued by Jawaharlal Nehru

Subject: Intellectual Property Rights (IPRs) regime –Board’s Circular No. 41/2007 – Customs, dated 29.10.2007 – National IPR database &  web-enabled applications – operational guidelines and instructions – For office & Staff of Customs.

  1.         Notification No. 51/2010 – Cus (N.T.) dated 30-06-2010.

Subject: Prohibits the import of specified goods intended for sale or use in India, subject to certain conditions and procedures.

  1.         Circular No 10/2011 – Cus. Dated 24-02-2011.

Subject: Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.

SOURCE: GOVT. OF INDIA, Ministry of Finance

 

Advertisements

About neeraj prasad

contact me on neeraj001@gmail.com if you wish to have any clarification !!
This entry was posted in CBEC Customs. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s