Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018

Jun 25, 2018 | by Avantis RegTech Legal Research Team


The Central Government, under the Customs Act, 1962, has made the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018 to amend the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, notified by the Ministry of Finance, Notification No. 47/2007-CUSTOMS (N.T.), dated May 08, 2007.

In the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007:

(A) in Rule 2, -

(i)                 in clause (b), the words and figures "patent as defined in the Patents Act, 1970," shall be omitted;

(ii)               in clause (c), the words and figures "the Patents Act, 1970," shall be omitted;

(B) in Rule 5, after condition (b), the following conditions shall be inserted, namely:

“(c) 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;

(d) 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 Amendment Rules, 2018 shall come into force on the date of their publication in the Official Gazette that is on June 22, 2018.

[G.S.R. 581 (E)]

URL: http://www.egazette.nic.in/WriteReadData/2018/186661.pdf


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