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Questions and Answers
What is the procedure for right holders and Customs officers to prohibit importation of goods infringing Intellectual Property Rights according to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?
What is the fee that must be accompanied by the notice given by the right holder to the Commissioner of Customs or any Customs Officer authorized by the Commissioner, requesting for suspension of release of imported goods suspected to be infringing intellectual property rights?
What happens if the right holder fails to supply additional information within 15 days or an extended period?
What is the time limit for right holders to join proceedings according to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?
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What is the condition for the grant of registration according to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?
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Study Notes
- The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 provide a procedure for right holders and Customs officers to prohibit importation of goods infringing Intellectual Property Rights.
- The right holder must give notice in writing to the Commissioner of Customs or any Customs Officer authorized by the Commissioner requesting for suspension of release of imported goods suspected to be infringing intellectual property rights.
- The notice must be accompanied by fees of Rs.2,000/-.
- Within 15 days or an extended period, additional information must be supplied by the right holder to Deputy/Assistant Commissioner if missing from the format.
- The right holder must inform Customs when his IPR ceases to be valid.
- There is a time limit for right holders to join proceedings.
- There is a single point for registration of the right holder.
- Goods of non-commercial nature contained in personal baggage or sent in small consignments meant for personal use would not attract prohibition.
- The grant of registration is subject to certain conditions including executing a bond with the Commissioner of Customs and indemnifying the Customs authorities against all liabilities and expenses on account of suspension of the release of allegedly infringing goods.
- The right holder may furnish a General Bond without security, and must execute a Consignment Specific Bond with the jurisdictional Commissioner of Customs at the port of interdiction within three days from the date of interdiction of any allegedly infringing imported consignment.
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Description
Are you familiar with the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007? Do you know the procedure for prohibiting importation of goods that infringe on Intellectual Property Rights? Test your knowledge with our quiz and learn about the notice requirements, fees, time limits, and conditions for registration. Don't miss this opportunity to enhance your understanding of IPR enforcement in India.
