GOVERNMENT OF INDIA
MINISTRTY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 51/2010 - Customs (N.T.)
New Delhi, dated the 30th June, 2010
9 Asadha, 1932(SAKA)
G.S.R.___________ - In exercise of the powers conferred by section 11 of the
Customs Act, 1962 (52 of 1962) , and in supersession of the notification No.
49/2007-Customs (N.T.), of the Government of India, Ministry of Finance,
Department of Revenue, Central Board of Excise and Customs, dated the 8th May,
2007 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 333(E), dated the 8th May, 2007, except as
respects things done or omitted to be done before such supersession, 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 intended for sale or
use in India, subject to following conditions and procedures as specified in the
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, namely:-
- goods having applied thereto a false trade mark as specified in section
102 of the Trade Marks Act, 1999 (47 of 1999);
- 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;
- goods made or produced beyond the limits of India 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 or where such importation or use is allowed under the Designs Act,
2000(16 of 2000);
- the product made or produced beyond the limits of India 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);
- the product obtained directly by the process made or produced beyond the
limits of India 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);
- goods having applied thereto a false Geographical Indication within the
meaning of section 38 of the Geographical Indications of Goods (Registration and
Protection) Act, 1999 (48 of 1999);
- goods which are prohibited to be imported by issuance of an order issued
by the Registrar of Copyrights under section 53 of the Copyright Act,1957 (14 of
1957).
Explanation- For the purposes 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, the Trade Marks Act,
1999(47 of 1999), the Designs Act, 2000(16 of 2000), the Patents Act,1970 (39 of
1970), the Geographical Indications of Goods (Registration and Protection) Act,
1999 (48 of 1999) and the Copyright Act,1957 (14 of 1957).
2. This notification shall come into force on the date of its publication in
the Official Gazette.
(M. Satish Kumar Reddy)
Director to the Government of India
[F.No 305/159/2005-FTT]