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TMI BlogLegal provisionsX X X X Extracts X X X X X X X X Extracts X X X X ..... nment has been empowered under Section 11 of the Customs Act, 1962 to issue notifications for prohibiting either absolutely or subject to such conditions as may be specified in the notification, the import or export of goods of any specified description. Section 11(2) of the said Act details the purpose for which such a notification may be issued by the Central Government which, interalia, covers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from its coverage and only goods intended for sale or use in India would be covered under the notification. 2.4 The prohibition of imported goods for the purpose of protecting intellectual property rights as specified under Notification No. 51/2010-Customs (N.T.) dated 30.06.2010, does not relate to all infringements under the parent IPR Acts but only to those imports that infringe the specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indirect of the product but not including those specified sub- clauses (ii) and (iii) of clause (za), of sub-section (1) of Section 2 of the Trade Marks Act, 1999. 2.5 In this context, the issue of permitting import of original/genuine products (not counterfeit or pirated) which are sold/ acquired legally abroad and imported into the country, by persons other than the intellectual property right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice to be given by a right holder in writing to the Commissioner of Customs or any Customs Officer authorised by Commissioner requesting for suspension of release of imported goods suspected to be infringing intellectual property rights; (ii) Notice to be accompanied by fees of Rs.2,000/-; (iii) Within 15 days or extended period additional information to be supplied by the right holder to Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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