[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)
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:-
(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 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);
(iv) 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);
(v) 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);
(vi) 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);
(vii) 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.
[F.No
305/159/2005-FTT]
(M. Satish Kumar
Reddy)
Director to the Government of India