Home | Business News | Browse by Publication | M | Mondaq Business Briefing

Enforcement Of Intellectual Property Rights Through Customs.

Article Excerpt
Custom Authorities are gaining importance for their role in enforcing intellectual property by protecting borders from the entry of goods that infringe intellectual property. In the wake of increasing international trade, Customs has broader responsibility of border control and IP protections, since there cannot be any better solution for intellectual property protection than confiscating infringing goods at the border itself. Indian Customs is in news again for detaining Samsung and others' import consignments at several ports in the country on the basis of a patent granted to S. Ram Kumar. This Article analyzes the legal framework for border enforcement of IP in the India.

Legal Framework under Customs Act, 1962 Customs Act, 1962 prohibits import of goods that infringe intellectual property. Section 11 of the Act empowers the Central Government, for the purposes specified in subsection 11(2), to prohibit import or export of goods of any description by issuing a notification. Section 11(2)(n) read with Section 11(1) of the Act empowers the Central Government to prohibit import or export of goods for the protection of patents, trademarks and copyrights. Section 11(2)(u) covers prohibition for the prevention of the contravention of any law for the time being in force. Section...

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!