Customs Notification No-49/2007 (NT) dated 08.05.2007
Prohibits the import of certain goods
as specified in the Intellectual Property Rights (Imported Goods) Enforcement
Rules,2007
G.S.R.333(E). - In exercise of the powers conferred by section 11 of the Customs
Act, 1962 ( 52 of 1962) ,the Central Government, being satisfied that it is
necessary in the public interest so to do, for the purposes specified in clauses
(n) and (u) of sub-section (2) of that section, hereby prohibits the import of
the following goods, subject to following of conditions and procedures as
specified in the Intellectual Property Rights (Imported Goods) Enforcement
Rules,2007, namely:-
(i) goods having applied thereto a false trade mark as specified in section 102
of the Trade Marks Act, 1999 (47 of 1999);
(ii) goods having applied there to a false trade description within the meaning
of clause (i) of sub-section (1) of section 2 of the Trade Marks Act, 1999(47 of
1999), otherwise than in relation to any of the matters specified in sub-
clauses (ii) and (iii) of clause (za) of that sub-section;
(iii) goods made or produced beyond the limits of India and intended for sale,
and having applied thereto a design in which copyright exists under the Designs
Act, 2000(16 of 2000), in respect of the class to which the goods belong or any
fraudulent or obvious imitation of such design except when the application of
such design has been made with the licence or written consent of the registered
proprietor of the design;
(iv) the product made or produced beyond the limits of India and intended for
sale for which a patent is in force under the Patents Act,1970 (39 of 1970),
except in cases where the consent from the patentee in India has been obtained
provided that such prohibition is not applicable to the cases where such
importation is allowed under the Patents Act,1970(39 of 1970);
(v) the product obtained directly by the process made or produced beyond the
limits of India and intended for sale, where patent for such process is in force
under the Patents Act 1970 (39 of 1970), except in cases where the consent from
the patentee in India has been obtained provided that such prohibition is not
applicable to the case where such importation is allowed under the Patents
Act,1970 (39 of 1970);
(vi) goods having applied thereto a false Geographical Indication within the
meaning of section 38 of Geographical Indications of Goods (Registration and
Protection) Act, 1999 (48 of 1999);
(vii) goods which are prohibited to be imported by issuance of an order issued
by Registrar of Copyrights under section 53 of the Copyright Act,1957( 14 of
1957).
Explanation: For the purpose of this notification, the terms and expressions
used in various clauses of the notification shall have the meanings assigned to
them in the respective Acts, namely, Trade Marks Act, 1999(47 of 1999), Designs
Act, 2000(16 of 2000), Patents Act,1970( 39 of 1970), Geographical Indications
of Goods (Registration and Protection) Act, 1999 (48 of 1999) and Copyright
Act,1957 ( 14 of 1957).
[F.No 305/159/2005-FTT](S.P.RAO)
Under Secretary to the Government of India
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