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Intellectual Property Rights (IPRs) regime – Board Circular No.41/2007 - Customs dated 29.10.2007 – National IPR database & web - enabled applications – operational guidelines and instructions

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..... structions reg. Attention of all Intellectual Property Right (IPR) Holders, Importers, Custom House Agents (CHAs) and members of the Trade is invited to Notification No. 47/2007 Customs (NT) dated 8th May, 2007, vide which the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 were notified and subsequent Circular No. 41/2007 Customs dated 29th October 2007, vide which brief operational guidelines were issued by the Central Board of Excise and Customs (CBEC). 2. The Board has announced that the right holders will be able to file intellectual property right (IPR) notices electronically and a user friendly web-enabled application form is being devised as a trade facilitation measure. In ord .....

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..... an application and keep the demand draft ready before accessing the web-enabled application. At present, the facility of making on-line fee payments through Credit Cards is not made available and the Trade will be duly informed once such a facility is put in place. Further, it is desirable that the soft copies of all the documents like the Registration Certificate, Title Deed, Authorization, Power of Attorney, Copies or images of the genuine copies/goods, copies or images of the suspect infringing goods etc. are kept ready for uploading into System as and when the details are sought to be uploaded into the various portions of the online application form. It may be noted that all document files such as registration certificates, title deeds .....

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..... k ( ) button on the browser, upload the file and the blank fields, if any and then move to the next screen again. However, this feature will cease to be available once the declaration to the effect that the details furnished are true , is accepted. 5. As compliance to the provisions of Rules 5(a) and 5(b) of the said Rules, the right holder seeking protection from Customs shall have to execute a general bond and an indemnity bond, at the time of making an application or submitting a notice. It may be noted that though on-line notices/applications can be filed by right owners or right holders or any other authorized persons, the general bond and indemnity bonds have to be executed only by the right holder seeking protection. H .....

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..... he same before it is finally submitted to the System. After verifying all the details, the on-line application can be submitted to the system. On successful submission, a Unique Temporary Registration Number (UTRN) will be generated and the same will appear on the screen. This number should be noted and all further correspondence with Customs should be made invariably with reference to this UTRN, till the Unique Permanent Registration Number (UPRN) is communicated. Both the UTRN and UPRN will also be communicated through e-mail of the applicant. 8. Once the UTRN is generated, System will prompt the applicant to take a printout of the application and submit the same to the Commissioner of Customs, chosen by the applicant, along .....

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..... , item-specific description, brand name/grade/specifications and end use, while filing bills of entry is mandatory, which are required to be filed in the appropriate fields specified in the Bill of Entry. It is noticed that declaration of descriptions made by the importers/CHAs while importing goods is far from being satisfactory. Your endeavour will help us a great deal in tackling the data quality issues that have a significant bearing on the Department s efforts to tackle import of counterfeits. This will enable us serve you better. In view of this, it is hereby exhorted that due care and caution may be exercised while making data-entry so that complete and correct descriptions are filed. 12. For any clarifications in this r .....

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