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What is the procedure for filing an application with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?

What is the procedure for filing an application with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?

Applications, which can be filed by the rights holder or its representative, must be in the prescribed format. They may be submitted electronically. Separate forms must be completed for each of the Intellectual Property Rights: Copyright, Trade Mark, Designs, Patents and Geographical Indications. An application, once submitted electronically, must be followed with physical copies of documents such as registration/renewal certificates, Power of Attorney etc. along with payment of the official fee: INR 2000.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories:

• Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work.

• Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.


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