Compiled by: Sachi Kapoor | Concept & Edited by:
Dr. Mohan Dewan
We have multiple acts to protect Intellectual Property within
the territory of the country. In addition, the Customs Act, 1962
u/S.11(2)(n) empowers the Government to prohibit import or export
of goods if the protection of trademarks, patents and copyrights is
concerned. The Customs Act also provides for confiscation of goods
wrongfully imported/exported u/S.111 and S.113 respectively.
On May 8, 2007, the Government issued a notification
(notification no. 47/2007) giving out the Intellectual Property
Rights Enforcement Rules, 2007 which elaborated on the definitions
of 'Intellectual Property" u/R.2(b) and "Intellectual
Property Law" u/R.2(c). Further, the Rules established the
process for giving a Notice, registration of such notice, which
shall request for the suspension of suspected infringing goods. The
Rules also dealt with the conditions of registration, prohibition
on imports of infringing