In response to the increase in international trade, Customs has assumed responsibility for border control and intellectual property protection, since there can be no better method of protecting intellectual property than confiscating infringing goods at the border.
In addition to weakening the benefits to the innovator, counterfeiting strikes deep at the spirit of entrepreneurship. The sale of counterfeit goods adversely affects consumer interests and often remains outside of the tax net. Consequently, intellectual property protection has been widely recognized as one of the most important factors contributing to economic growth, fostering innovation, and attracting investment.
Importation of goods that violate specific provisions of:
According to Section 11 of the Customs Act, the Central Government has the authority to prohibit importation or exportation of goods that, inter alia, violate patents, trademarks, copyrights, designs and geographical indications.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]