The Hindu Business Line : New IPR Rules soon for beefing up enforcement at borders

Kolkata May 1 The new IPR (Imported Goods) Enforcement Rules 2007, now awaiting final clearance of the Union Finance Minister, are expected to be notified within the next few days.

The IPR Rules are based on the model legislation drafted by the Geneva-based World Customs Organisation, followed by most member countries for border enforcement by customs.

Talking to pressperspns here recently on the sidelines of a workshop on `Protection of Intellectual Property Rights', Mr A.K. Raha, Member, Central Board of Excise & Customs (CBEC), Department of Revenue, said the new rules, under Section 156 of the Customs Act 1962, in addition to the Copyrights Act and Trademarks Act, would further strengthen border enforcement to prevent entry of pirated and counterfeit merchandise into the country.

He said the scope of enforcement was being expanded to include designs, geographical indications and patents, over and above copyright and trademark violations, which are covered under the existing rules.

Detention of suspect merchandise (on IPR violation) would be made by Customs at border points, and the matter would be proceeded against only if the right-holder (of the merchandise) joins issue. If the party declines to show interest, the consignment would be released by customs, said Mr Raha.

The workshop was organised by the FICCI (ER), in partnership with the National Academy of Customs, Excise & Narcotics (Nacen), with support from the US Patent and Trademark Office.

Pointing out that the new provisions would add strength to existing Customs provisions for better IPR protection, Mr Raha said detention of the merchandise would, however, not be beyond a total period of 20 days (in two phases of 10 days each).

On adjudication post-detention, Mr Raha said there was still no agreement on this among all member countries of WIPO, as some feel it was the role of the judiciary and not the customs authorities.

According to him, customs laws were different from IPR Law, as the former applied strictly to offences against the State.

According to Mr Henry Jardine, US Consul General, in Kolkata, West Bengal was now experiencing rapid economic growth, and "driving the growth are industries such as IT, Pharmaceuticals, biotechnology and food products that rely significantly on IPR".

Presentations on various aspects of Risk Assessment in IPR protection will be made at the workshop by senior officials from the Office of International Trade, US Customs and Border Protection, Nacen, industry representatives and legal experts.

More Stories on : Exports & Imports | IPR

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page