Custom Office Ipr Registration Services

CUSTOM ENFORCEMENT
On May 8, 2007, the Central Government issued Notification No. 49/2007-Customs (N.T.) that prohibited the import of certain goods subject to the conditions and procedures as specified in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
 
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 came into existence to strengthen the statutory and executive guidelines provided for the protection of intellectual property rights at the borders. These Rules have been formed based on the line of TRIPS (Trade-Related Aspects of Intellectual Property Rights) and WCO (World Customs Organization).
 
Under the Rules, infringing goods are defined as “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”. The rules define intellectual property law as “the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Designs Act, 2000 or the Geographical Indications of Goods (Registration and Protection) Act, 1999”.
Procedure for Registration & Enforcement of IP Rights through Custom Office:

Step 1:
Registration with Customs – Filing Application and obtaining Unique Temporary Registration Number – approval from the Commissioner of Customs – grant of Unique Permanent Registration Number
Step 2:
Suspension of Clearance of suspected infringing goods by the Customs either on notice by the right holder or suo moto by the Customs.
Step 3:
Examination of alleged infringing goods and submission of Authenticity Report by the Right-holder
Step 4:
Execution of Surety Bond at 110% of the Assessed Value and Security Deposit by way of Bank Guarantee or Fixed Deposit at 25% of the Bond Amount by the Right-holder in favour of the Commissioner of Customs.
Step 5:
Adjudication by Customs Authority

•    Show Cause Notice
•    Hearings
•    Order for Absolute Confiscation of Infringing Goods, Penalty on Importer or Disposal / destruction of infringing goods

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