https://www.taxtmi.com/circulars?id=11659 The core issue is whether Customs may restrict import clearance for alleged patent infringement absent a prior judicial determination. While the High Court observed that Customs should exercise caution and not restrict consignments on the sole basis of a patent or complaint, the statutory scheme under Section 11 of the Customs Act and Notification No. 51/2010-Cus(NT), read with the IPR Rules, empowers Customs to prohibit infringing imports and to act ex officio. The Board instructs field formations to treat patent infringement as actionable under the statute, use expert and registration authority assistance for determination, and defend the departmental position as necessary. en-us Tue, 27 Mar 2012 00:00:00 +0530 Wed, 06 Jun 2012 10:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/circulars?id=11659 The core issue is whether Customs may restrict import clearance for alleged patent infringement absent a prior judicial determination. While the High Court observed that Customs should exercise caution and not restrict consignments on the sole basis of a patent or complaint, the statutory scheme under Section 11 of the Customs Act and Notification No. 51/2010-Cus(NT), read with the IPR Rules, empowers Customs to prohibit infringing imports and to act ex officio. The Board instructs field formations to treat patent infringement as actionable under the statute, use expert and registration authority assistance for determination, and defend the departmental position as necessary. Circulars Customs Tue, 27 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/circulars?id=11659