Notification No. 56/2018 - Customs (N.T.) Dated 22/06/2018

Seeks to amend Notification No. 47/2007 -Customs (N.T.) the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007-

G.S.R. 581 (E).- In exercise of the powers conferred by sub-section (1) of section 156 of the Customs Act, 1962 (52 of 1962), read with clauses (n) and (u) of sub-section (2) of section 11 of the said Act, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following rules to amend the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, notified by the Government of India in the Ministry of Finance (Department of Revenue), Notification No. 47/2007-CUSTOMS (N.T.), dated the 8th May, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 331 (E), dated the 8th May, 2007, except as respects things done or omitted to be done before such amendment, namely:-

1. (i) These rules may be called the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018.
  
    (ii) They shall come into force on the date of their publication in the Official Gazette.

2. In the said rules, -
    (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.".
 

[F. No. 394/04/2018-Cus (AS)]

(Rohit Anand)
Under Secretary, Government of India
 

Note: The notification No. 47/2007-CUSTOMS (N.T.), dated the 8th May, 2007, was published in the Gazette of India, Extraordinary, vide number G.S.R. 331 (E), dated the 8th May, 2007.