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No Prohibition on Importing Goods Violating Patent Laws: Govt amends Intellectual Property Rights (Imported Goods) Enforcement Rules [Read Notification]

Patent Laws - Taxscan

The Central Government has notified the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules wherein the word ‘ patent as defined in the Patents Act, 1970’ has been removed from the definition of “intellectual property”. The amendment also removed the Patents Act, 1970 from the definition of Intellectual property law.

The amendment also inserts two conditions for registration namely, (i) the right holder or his authorised representative shall inform the Commissioner of Customs at the time of giving notice about any amendment, cancellation, suspension, or revocation of the Intellectual Property Right by the authorities under the Intellectual Property Laws or any Court of Law or Appellate Board, subsequent to its registration with the authorities under the Intellectual Property Law and in case of any such amendment, cancellation, suspension or revocation of the Intellectual Property Right during the validity of the notice registered under rule 4, the same shall be brought to the notice of the Commissioner of Customs by the right holder within a period of one month of the date of communication of any such amendment, cancellation, suspension or revocation of the Intellectual Property Right to the right holder or any person authorised by him in this regard.

And, (ii) in the event of any amendment, cancellation, suspension or revocation of the Intellectual Property Right by the authorities under the Intellectual Property Law or by any Court of Law or Appellate Board, the Commissioner of Customs may accordingly amend, suspend or cancel the notice and the corresponding protection.”

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 was introduced with an object to prohibit 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.

To Read the full text of the Notification CLICK HERE
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