What is intellectual property ?
What are goods infringing intellectual property rights ?
Who is right holder ?
For easy understanding and reference definitions are reproduced( Source:Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, Notification No. 47/2007-Cus. (N.T.), dated 8-5-2007 )
" 2. Definitions. -
(a) “ goods infringing intellectual property rights" means any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder;
(b) "intellectual property" means a copyright as defined in the Copyright Act, 1957, trade mark as defined in the Trade Marks Act,1999, patent as defined in the Patents Act, 1970, design as defined in the Designs Act, 2000 and geographical indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999;
(c) “ Intellectual property law” means the Copyright Act, 1957, the Trade Marks Act,1999, the Patents Act, 1970, the Designs Act, 2000 or the Geographical Indications of Goods (Registration and Protection) Act, 1999 ;
(d) " right holder" means a natural person or a legal entity, which according to the laws in force is to be regarded as the owner of protected intellectual property right, its successors in title, or its duly authorized exclusive licensee as well as an individual, a corporation or an association authorized by any of the aforesaid persons to protect its rights."
Regards
Global Tax Guru
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