The Union Ministry of Finance has amended Intellectual Property rules to revoke the power vested with Customs authorities to seize imported products based on complaints of patent infringement.
On June 22, the Ministry made two amendments to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Firstly, the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018, omits all reference to the Patents Act, 1970.
On June 22, the Ministry made two amendments to the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
Firstly, the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018, omits all reference to the Patents Act, 1970.
Another amendment incorporates further conditions that oblige the right-holder to notify the Commissioner of Customs of any amendment, cancellation, suspension or reaction that concern Intellectual Property rights, and require the Customs authorities to accordingly amend, suspend or cancel the corresponding protection provided by them.
It permitted the Customs authorities to cancel his patent from its records based on the order passed by the Intellectual Property Appellate Board (IPAB).
It was constituted on September 15, 2003, by the Indian Government to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Since April 2, 2007, IPAB has been authorized to hear and adjudicate upon the appeals from most of the decisions, orders or directions made by the Patent Controller under the Patents Act. Therefore, all pending appeals of Indian High Courts under the Patents Act were transferred to IPAB.
Organization of an IPAB Bench: Each Bench of the IPAB includes a Judicial Member and a Technical Member. The qualifications for appointment as a technical member of the IPAB are mentioned in The Trade Marks Act and the Patents Act.
Jurisdiction: Appeals from the decision of the Controller to the IPAB must be made within three months from the date of the decision/ order or direction, according to them, or within such further time as the IPAB permits, with the appropriate fees. An extension is available for filing the appeal by way of a Condonation of Delay (COD) petition.