Court Orders Customs Release of Goods in IP Dispute

The Court directed the Customs Department to assess and release goods under two Bill of Entry numbers, noting the intellectual property rights infringement objection raised by the fourth respondent. As the patent granted to the fourth respondent was revoked, and due to their non-participation in the proceedings, the goods were to be released within two weeks. The petitioner was granted a waiver of demurrage and detention charges. The writ petition was disposed of without costs, and related miscellaneous petitions were closed.

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Issues:
1. Detention of goods under Bill of Entry No.6885665 and Bill of Entry No.7285334
2. Alleged infringement of intellectual property rights by the fourth respondent
3. Revocation of patent granted to the fourth respondent
4. Direction for assessment and release of goods
5. Entitlement to waiver of demurrage and detention charges

Analysis:

1. The petitioner filed a writ petition seeking direction for the Deputy Commissioner of Customs to assess and release goods under Bill of Entry No.6885665 and Bill of Entry No.7285334. The Court noted that the detention was based on an objection by the fourth respondent regarding intellectual property rights infringement.

2. The fourth respondent alleged infringement of intellectual property rights due to a patent obtained for the same product. However, the fourth respondent did not participate in the proceedings initiated by the Customs Department. Consequently, the third respondent informed the fourth respondent that the suspension of clearance for the consignment under Bill of Entry No.7285334 would be lifted.

3. The Court considered that the patent granted to the fourth respondent had been revoked by the Deputy Controller of Patents and Designs. This information was presented to the Court by the petitioner's counsel, indicating a significant development in the case.

4. Given the circumstances and the non-participation of the fourth respondent in the proceedings, the Court directed the third respondent to assess and release the goods covered under both Bill of Entry No.6885665 and Bill of Entry No.7285334 within two weeks. The petitioner was also granted a Certificate for waiver of demurrage and detention charges for the period of detention until clearance for home consumption.

5. The judgment concluded by disposing of the writ petition with the aforementioned directions, without imposing any costs. Additionally, any connected miscellaneous petitions were closed as a result of the judgment.

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