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Wednesday, October 13, 2010

Fake goods are not allowed to be imported and exported out of India.It is illegal

 Even some body buy on line  fake goods and try to import fake ,or look alike ,or counterfeit goods into India. It is illegal. Customs may  initiate prosecution under Customs Act 1962.Avoid such import and export.

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
www.globaltaxguru.in

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