Notification no. 49/2007, Dated 08 May 2007

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)].                                

GOVERNMENT OF INDIA

MINISTRTY OF FINANCE

(DEPARTMENT OF REVENUE)

  New Delhi, dated  the  8^th May, 2007

NOTIFICATION No. 49 /2007-CUSTOMS (N.T.)

          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