Circular No. 41 /2007- Customs
F. No. 305/96/2004-FTT (Pt-I)
Government of India
Ministry of Finance Department of Revenue
Central Board of Excise & Customs
Dated the 29th October,
2007
To
The Chief Commissioners of Customs (All)
The Chief Commissioners of Central Excise (All)
The Chief Commissioners of Central Excise & Customs (All)
The Director General of Revenue Intelligence/ Central Excise Intelligence/Systems and Data
Management/ Audit/ Export Promotion/Safeguards
The Chief Departmental Representative (CESTAT), Delhi
Sir,
Subject: Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 – instructions for
implementation –reg.
Section 11 of the Customs Act,1962 provides that the Central Government may, by issuance of
notification in the official Gazette, prohibit either absolutely or subject to such conditions as may be
specified, import or export of goods for the purposes specified in sub-section (2) of section 11 of
the Customs Act, 1962. The Central Government may restrict or prohibit import and export of goods
infringing trademarks, patents and copyrights under clause (n) of subsection (2) of section 11 of the
Customs Act, 1962. Similarly, the Central Government may restrict import and export of goods for
the purpose of prevention of the contravention of any law for the time being in force, under clause
(u) of subsection (2) of section 11 of the Customs Act, 1962.
2. Prior to 8-5-2007, notification no. 1/64-Cus dated 18-1-64 prohibited import of goods infringing
trademarks and designs under the Trade and Merchandise Marks Act 1958 and Indian Patents and
Designs Act, 1911 respectively.
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Representations were received from the trade for issuance of a notification to prohibit
import of goods infringing other IPR laws as well. Further, considering our obligation to implement
border measures as envisaged in Articles 51 to 60 of the WTO Treaty on Trade Related Aspects of
Intellectual Property Rights (TRIPS), a need was felt to define the role of Customs precisely in
combating IPR infringements at the borders. Accordingly,
dated 8-5-2007
has been issued, which
notification No 49/2007-Customs
prohibits import of goods
infringing intellectual
property rights of the right holders under The Copyright Act, 1957, the Trade Marks Act,1999, the
Patents Act, 1970, the Designs Act, 2000 and
the
Geographical Indications of Goods
(Registration and Protection) Act, 1999. Besides, the procedure for registration of a notice with the
Customs by right holders and the conditions for such registration, etc. have been laid down in the
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 notified under notification
47/2007-Customs (NT) dated the 8th May,2007 (hereinafter referred to as the said Rules). The said
Rules lay down a detailed procedure to be followed by the right holders or their authorized
representatives as also by the Customs for seeking suspension of release of suspect imported goods.
4.
It is pertinent to mention that while the mandatory obligations under Articles 51 to 60
of the TRIPS dealing with border measures are restricted to Copyright and Trade Marks
infringement only, the said Rules deal with Patents, Designs and Geographical Indications violations
as well, in conformity with the practice prevailing in some other countries, notably EU countries.
While it is not difficult for Customs officers to determine Copyright and Trade Marks infringements
at the border based on available data/inputs, it may not be so in the case of the other three
violations, unless the offences have already been established by a judicial pronouncement in India
and the Customs is called upon or required to merely implement such order. In other words, extreme
caution needs to be exercised at the time of determination of infringement of these three intellectual
property rights.
The said Rules, inter alia, provide for
(i) the filing of a notice by the right holder;
(ii) registration of said notice by the Customs;
(iii) a time limit for right holders to join proceedings;
(iv) a single point for registration of the notice filed by the right holder;
(v) adequate protection to the rightful importer;
(vi) adequate protection to the Customs for bonafide act;
(vii)suo-moto action by the Customs in specified circumstances;
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(viii) disposal of the confiscated goods.
(ix) no action against goods of non commercial nature contained in personal baggage or sent in
small consignments intended for personal use of the importer.
5.
The right holders would be required to give a notice for registration in the manner
detailed in para 10 of this circular , to any one of the Commissioners of Customs at the
ports where counterfeit goods are likely to be imported infringing the IPR in respect of any
trademark, copyright, patent, design or geographical indication. The grant of registration
by
Customs is subject to the execution of a bond, along with surety and security by the right holder
or his authorized representative in terms of Rule 5(a), undertaking to protect the importer,
consignee, the owner of the goods and the competent authorities against all liabilities and to bear the
costs towards destruction, demurrage and detention charges incurred till the time of destruction
or
the disposal of the infringing
goods. The registration is also subject to execution of an
indemnity bond by the right holder in terms of Rule 5(b), indemnifying the Customs authorities
against all liabilities and expenses on account of suspension of the release of allegedly infringing
goods.
6.
At the time of registration but prior to importation, it may be difficult to fix the
bond
amount corresponding to the value of suspected infringing goods not yet imported. Further, this
would lock in right holders’ money in the form of security. Therefore, it has been decided that, the
right holders may furnish a General Bond without security
to the Commissioner of Customs
in the format as prescribed at Annexure-A to this circular prior to the grant of registration,
undertaking to execute the Bonds with the jurisdictional Commissioner of Customs at the port of
interdiction
as per the format specified under Annexure-B and Annexure-C within three days
from the date of interdiction of any allegedly infringing imported consignment . Prior to grant of
registration, the right holder shall also be required to furnish an indemnity bond under Rule 5(b) in
the format as specified at Annexure-C to this circular, in addition to the General bond. Thus, the
registration would be subject to execution of the General Bond as specified at Annexure-A and
indemnity bond as specified at Annexure-C. The specimens for consignment-specific Bond to be
executed in terms of Rule 5(a) and the indemnity bond to be executed in terms of Rule 5(b) are
enclosed for guidance at Annexure-B and Annexure-C respectively. Necessary amendments may be
made to suit the requirements, on case to case basis.
7.
The surety and security shall be on consignment basis and shall be furnished along with the
bond (Annexure B) consequent upon interdiction of the consignment allegedly infringing rights of
the right holder. Keeping in view the value of the goods and other incidental expenses, it has been
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decided that the bond amount shall be equal to 110% of the value of goods. However, the amount of
security to be furnished along with the bond shall be 25% of the bond value. The right holder may
furnish security in the form of bank guarantee or fixed deposit. However, if the right holder fails to
execute the consignment specific bond and to furnish security within three days from the date of
interdiction of the goods, the same must be released forthwith.
8.
In case it is found at any stage that the right holder furnished wrong or false information,
the registration accorded under Rule 4 of the said Rules may be cancelled forthwith.
9.
If , after the registration is granted , the right holder
wants
any modification on
account of any amendment in registration granted to them by the respective registry of the
departments enforcing the parent IPR law or on account of any other reason, the right holder
shall be required to seek fresh registration in place of the old registration and
shall be required
to undergo all the processes of registration again, like making fresh application, payment of fees,
execution of bond etc.
10. The said Rules provide that notice would be given by the right holders in the format prescribed
in the Annexure to the Rules. However, as a trade facilitation measure enabling right holders to file
the notice electronically, a user friendly web- enabled application form is being devised. The right
holders would be required to log into http://www.icegate.gov.in. Thereafter, they can choose the
Custom House where they wish to record their notice, from among the ports of
importation of
the suspected infringing goods. Option has been provided to separately register different IPR’s
viz., Copyrights, Trade Marks, Patents, Designs and Geographical Indications. As regards payment
of registration fees, option has been given to the applicants either to use on-line credit card mode of
payment or the conventional mode of Demand Drafts, drawn in favour of Commissioner of Customs
of the Custom House where they wish to get their notice registered. For every separate right, the
right holder shall be required to submit a separate notice (application). After completing the
formalities on-line, the application can be “submitted” on the website. A Unique Temporary
Registration Number (UTRN) will be generated by the System. The System would also prompt the
applicant to take a print- out of the application. This printed application form, along with the
Demand Draft and physical copies of Bond and indemnity Bond (as prescribed under Rule 5 of the
said Rules) and as detailed above, would be required to be submitted to the Commissioner of
Customs along with samples, models or photographs.
11.
After the receipt of the application, the Commissioner of Customs shall verify the veracity
of declarations made therein. If required, cross-verification of particulars furnished may be carried
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out with the concerned authorities with whom the rights are registered in accordance with the
parent enactments. The Commissioner may call for any additional information from the applicant(s).
After verification of the application, the Bond (general) and the indemnity bond as required under
the said Rules, the particulars would be required to be entered in the CBEC web-site duly furnishing
the details. The System would then automatically generate a Unique Permanent Registration Number
(UPRN), which will be communicated to the applicant for all future correspondence. Simultaneously,
a formal communication to this effect shall be sent, within 24 hours, to the Risk Management
Division (RMD), Mumbai and all other Custom Houses, who can access the details through the user
names and pass-words given to them. On the contrary, if the Commissioner or his authorized officer
of Customs has to reject the application leading to denial of protection, principles of natural justice
may be followed. It may be noted that the temporary registration number granted by the System
does not accord any protection to the right holders. The temporary registration is only an
acknowledgment of the application filed by the right holders and cannot be taken as actionable. The
registration will be granted only after the Commissioner of Customs has completed verification
of the documents and facts and after the right holder has furnished the General Bond and
Indemnity Bond. The protection of rights will be accorded only on grant of a permanent registration
number to the right holders.
12.
To begin with, while the web-enabled electronic registration system is being put in place,
the field Commissioners are advised to accept the applications in the format as prescribed in the
Annexure to the said Rules. However, in order to have a centralized registration , it will be
mandatory for all applicants to file applications on-line, once the system is geared up for accepting
electronic on-line registration. The trade will be intimated the date of coming into force of the
electronic regime.
13.
It may be noted that though the notice/application for registration may be submitted to the
Commissioner of Customs at any of the ports where counterfeit goods are likely to be imported
infringing the IPR in respect of any trademark, copyright, patent, design or geographical indication
and all formalities associated with the registration are undertaken by that Commissioner, protection
will be accorded at all the ports as specified in the notice. Therefore, there is no apparent need for the
right holders to make several notices/applications with all the Commissioners of Customs covered
under the notice. It may be emphasized that for protection of separate rights under any IPR law, the
right holder would be required to apply for separate registration for each such right.
14.
In case of suspension of clearance of goods by Customs on its own initiative, the right
holder is required to give notice as laid down under rule 3 of the said Rules and to execute the
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Bonds as
specified in rule 5 of the said Rules within five days from the date of suspension of
clearance. The procedure of registration would be as stated in the foregoing paragraphs. However,
the right holder would be required to execute a Bond in the format as specified in Annexure-B along
with security and the indemnity Bond in the format as specified in Annexure-C, prior to grant of
registration.
15.
Rule 4(2) provides that registration may be granted for a minimum period of one year
unless the right holder wants the same for a lesser period. It has been decided that the period of
validity of the registration under the said Rules would be 5 years. The Commissioners, therefore,
may keep a watch on the expiry of this period. Once the period of validity of registration has
lapsed,,t the right holder would be required to furnish fresh notice, pay the fees as applicable,
execute
16.
general Bond etc as done at the time of initial registration.
It may be appreciated that systematic enforcement of IPRs is new to Customs.
Further,
the nature of implementation of IPR regime is different in EDI and non-EDI locations. Besides,
RMS has not been implemented in all EDI locations. It may be noted that while national-level
targeting of consignments can be handled by RMD, Mumbai on the basis of the information
furnished by the applicants, and, under normal circumstances, consignments suspended by the
national targets will be sent with appropriate instructions to the officers to handle the suspect
consignments, any intelligence driven interdictions on the own initiative of officers cannot be
discouraged. However, such ex-officio intervention by officers needs to be regulated and exercised
with utmost caution, given the fact that the liability for wrong detention in an ex-officio case would
rest entirely with the department. In EDI locations where RMS is not implemented, all the
consignments are necessarily assessed before clearance. Therefore, officers in Groups and Sheds at
such locations may be sensitized about the IPR registration database so that they can keep a watch
on suspect imports. Apropos, the non-EDI locations, where officers do not have access to the
“icegate”, copies of the applications along with the accompanying documents shall be sent without
delay by the Commissioners who are handling the registration of Rights to such locations by e-mail
or by speed post.
17.
It may be noted that the terms and the phrases used in the notification and the Rules made
in terms of section 11, have the meanings, with all grammatical variations and cognate expressions,
assigned to them in the respective parent enactments like The Copyright Act, 1957, The Trade Marks
Act, 1999, The Patents Act, 1970, The Designs Act, 2000 and The Geographical Indications Act,
1999. Thus, it may be emphasized that determination of the fact whether a particular consignment
infringes the rights of the right holder would be done taking into account the provisions of the parent
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acts.
18.
It is important to adhere to the time lines prescribed in Rule 7. The Customs and the right
owners/holders seeking protection are under obligation to follow the time lines indicated in various
sub-rules that cover practical situations that may arise in the field. Since every suspension of
clearance has its concomitant legal implications, the trade as well as field officers dealing with the
infringing goods, may be adequately sensitized about the importance of timely action.
19.
Sub-rule (9) of Rule 7 of the said Rules, provides for seizure of infringing goods, if there
are reasons to believe that the goods are liable to confiscation in terms of section 111 of the Customs
Act, 1962. In this context, it may please be borne in mind that Customs is enforcing laws in
personam while protecting intellectual property rights. Thus it is important to make sure that the
right holder participates in the Customs proceedings. In case the right holder abstains, the Customs
have no obligation to continue with the detention and the goods shall be released forthwith, if
otherwise in order.
20.
Rule 8 enables examination of goods and drawal of samples on the request of right holders
or importers. The regular procedure for sampling may be followed. Representative samples must be
kept in the safe custody
of Customs till the proceedings are concluded. The expenses involved in
sampling, testing of samples etc have to borne by the right holders.
21. For smooth implementation of the IPR regime, it is desirable that an IPR Cell may be
constituted in each Custom House. The IPR Cell may be vested with the responsibility of verifying
the applications, completing web-enabled registration formalities and making correspondence with
the Risk Management Division and other Customs formations. Further, any import involving
suspected infringement of IPRs may have to be invariably handled by the IPR Cell. Any instance of
suo-moto interdiction of the import consignments by the Customs, involving possible infringements,
should also be referred to such IPR Cell. The job is time – bound and sensitive and hence it is
advised that officers of proven calibre may only be posted in the IPR Cells.
22.
Wide publicity to
this Circular may be given by way of issuance of public notice and
standing order.
23. Difficulties , if any, faced in the implementation of this circular, may be immediately brought
to the notice of the Board.
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24. Please acknowledge receipt.
25. Hindi version follows.
Yours faithfully
(P. S. Pruthi)
Commissioner (Customs &EP)
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ANNEXURE-A
BOND EXECUTED IN PURSUANCE OF REGISTRATION OF INTELLECTUAL
PROPERTY RIGHTS WITH INDIAN CUSTOMS
[See Rule 5(a) and 5(b) of Intellectual Property Rights (Imported Goods)
Enforcement Rules, 2007]
[To be executed by the Right Holder(s)]
(General Bond)
KNOW ALL MEN BY THESE PRESENTS THAT I/we…………………………………………..
residing at …………………………… hereinafter referred to as “Right Holder” (which expression
shall include its successors / heirs, executors, administrators and legal representatives) am/are held
and firmly bound unto the President of India hereinafter called the “President” (which expression
shall include his successors and his representative officers like Commissioner of Customs and his
authorized officers) in a sum as may be determined at the time of interdiction and suspension of
release of suspect goods imported in violation of the Intellectual Property Rights (hereinafter
abbreviated as “IPR” ) held by me / us, to be paid to the President for which payment well and truly
to be made, I / we bind myself / ourselves, my / our successors / heirs, executors, administrators and
legal representatives firmly by these presents.
Sealed with my /
our seal(s)
this
……………………………. day of…………………….. 20….. .WHEREAS
The Commissioner of Customs or his authorized Officer at …………(hereinafter called the “Proper
Officer”) has agreed to register the IPR held by me/us and to suspend clearance of goods suspected
to be infringing the IPR held by me/us, depending on the information furnished by me/us and on the
basis of the declarations made by the Importers in the course of importation, I/we the Right Holder
hereby agree to furnish such bond, security and surety, as may be prescribed by the Proper Officer, in
terms of Rule 5 (a) of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
and also agree to indemnify the Customs as detailed under Rule 5(b) of the ibid Rules.
NOW, IT IS HEREBY AGREED AND DECLARED that –
(i) The Right holder shall execute proper consignment specific bond(s) with the proper officer of
customs at the port/airport/land customs station, where suspect goods have been interdicted and
clearances of the same have to be suspended, along with such amount of surety and security, as may
be determined at that time in terms of Rule 5(a) of the Intellectual Property Rights (Imported Goods)
Enforcement Rules, 2007 within three days from the date of interdiction of the import consignments
failing which the consignment shall be released.
(ii) The Right Holder shall keep the Customs abreast of validity of registration obtained by him
under the IPR laws namely The Copyright Act, 1957; The Trade Marks Act, 1999; The Patents
Act, 1970; The Designs Act, 2000 and The Geographical Indications of Goods (Registration and
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Protection) Act, 1999 ; expiry of the term of registration and renewal thereof, if any; cancellation;
grant of compulsory licence in accordance with the law etc
(iii) The Right holder, having recognized limitations of international trade and understood the
general functioning of Customs, shall share the trends and information with Customs on an on-going
basis, about suspected imports of infringing goods violating the IPR laws, as may be required to
interdict consignments and to suspend the clearance thereof .
(iv) The Right Holder undertakes to protect the importer, consignee and owner of the goods as well
as the competent authorities against all liabilities that are incidental and ancillary to the act of
suspension of clearance of allegedly infringing goods, in case it is established that the suspension is
vexatious.
(v) The Right Holder shall bear all the costs towards sampling, destruction, demurrage and detention
charges incurred till the time of destruction or disposal of such infringing goods, upon being
confirmed.
(vi) The Right Holder shall join the proceedings as per the time lines prescribed in terms of the ibid
Rules, failing which, they agree, to not to object to the release of the goods.
(vii) This bond shall remain in force for a period of five years from the date of completion of
registration under Rule 4(2) and the liability of the Right holder shall be in respect of all such
interdicted consignments, whose clearance has been suspended by the Customs in bonafide exercise
of their duties.
(viii) The President or the Proper Officer, without prejudice to any other mode of recovery may, inter
alia, adjust the security deposit / securities in part or full towards the dues arising out of
clause (iv) and (v) supra.
(ix) *This bond shall be enforceable against the surety notwithstanding that proceedings have not
been undertaken against me/us.
IN THE WITNESS WHEREOF the Right Holder has herein set and subscribed its hands and seals
the day, month and year first above written.
SIGNED AND DELIVERED by the Right Holder at ………….. in the presence of :1………………………..
2……………………….
xxxxxxxxxxxxxxxx
Accepted
For and on behalf of the President of India
(Signature of the Proper Officer with Official Stamp and Seal )
Note: * Mandatory in case any surety has been prescribed.
Strike off, if irrelevant.
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ANNEXURE-B
BOND EXECUTED IN PURSUANCE OF REGISTRATION OF INTELLECTUAL
PROPERTY RIGHTS WITH INDIAN CUSTOMS
See Rule 5(a) of Intellectual Property Rights (Imported Goods) Enforcement
Rules, 2007
[To be executed by the Right Holder(s)]
(Bond with Provision for Security Deposit and Surety)
KNOW ALL MEN BY THESE PRESENTS THAT I/we…………………………………………..
residing at …………………………… hereinafter referred to as “Right Holder” (which expression
shall include its successors / heirs, executors, administrators and legal representatives) am/are held
and firmly bound unto the President of India hereinafter called the “President” (which expression
shall include his successors and his representative Officers like Commissioner of Customs and his
authorized officers) in the sum of Rs ………(Rupees ………………………………. only) to be paid
to the President for which payment well and truly to be made, I / we bind myself / ourselves, my /
our successors / heirs, executors, administrators and legal representatives firmly by these presents.
Sealed with my / our seal(s) this ……………………………. day of…………………….. 20….. .
WHEREAS
The Commissioner of Customs or his authorized Officer at …………(hereinafter called the “Proper
Officer”) has agreed to register the intellectual property right (hereinafter abbreviated as “IPR”) held
by me/us and to suspend clearance of goods suspected to be infringing the IPR held by me/us,
depending on the information furnished by me/us and on the basis of the declarations made by the
Importers in the course of importation, the Right Holder hereby agrees to furnish such bond, security
and surety, hereinafter specified , in terms of Rule 5 (a) of the Intellectual Property Rights (Imported
Goods) Enforcement Rules, 2007.
The Right Holder has deposited with the Proper Officer at ……….., the securities as mentioned in
the Schedule hereunder written of the face value of Rs …….. (Rupees ……………………… only)
endorsed in favour of …………. As security for the due observance and performance of the terms of
conditions on the part of the Right Holder, prescribed as per the ibid Rules.
NOW, IT IS HEREBY AGREED AND DECLARED that –
(i) The Right Holder shall keep the Customs abreast of validity of registration obtained by him under
the IPR laws namely The Copyright Act, 1957; The Trade Marks Act, 1999; The Patents Act, 1970;
The Designs Act, 2000 and The Geographical Indications of Goods (Registration and Protection) Act,
1999 ; expiry of the term of registration and renewal thereof, if any; cancellation; grant of
compulsory licence in accordance with the law etc
(ii) The Right holder, having recognized limitations of international trade and understood general
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functioning of Customs, shall share the trends and information with Customs on an on-going basis,
about suspected imports of infringing goods violating the IPR laws, as may be required to interdict
consignments and to suspend the clearance.
(iii) The Right Holder undertakes to protect the importer, consignee and the owner of the goods and
the competent authorities against all liabilities that are incidental and ancillary to the act of
suspension of clearance of allegedly infringing goods, in case it is established that the suspension is
vexatious.
(iv) The Right Holder shall bear all the costs towards sampling, destruction, demurrage and
detention charges incurred till the time of destruction or disposal of such infringing goods, upon
being confirmed.
(v) The Right Holder shall join the proceedings as per the time lines prescribed in terms of the ibid
Rules, failing which, they agree, to not to object to the release of the goods.
(vi) This bond shall remain in force for a period of five years from the date of completion of
registration and the liability of the Right holder shall be in respect of all such interdicted
consignments, whose clearance has been suspended by the Customs in bona fide exercise of their
duties.
(vii) The President or the Proper Officer, without prejudice to any other mode of recovery may, inter
alia, adjust the security deposit / securities in part or full towards the dues arising out of clause (iii)
and (iv) supra.
(viii) *This bond shall be enforceable against the surety not withstanding that proceedings have not
been under taken against me/us.
The Schedule of Securities above referred to [Particulars of the amount deposited, along with
consignments, if any ]
IN THE WITNESS WHEREOF the Right Holder (and the Surety)* has herein set and subscribed its
hands and seals the day, month and year first above written.
SIGNED AND DELIVERED by the Right Holder at ………….. In the Presence of :XXXXXXXXXXXXXX
1……………………….
.2……………………….
*SIGNED AND DELIVERED by the Surety at ………….. ….In the presence of :1………………………
2………………………. xxxxxxxxxxxxxxx
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Accepted
For and on behalf of the President of India
(Signature of the Proper Officer with Official Stamp and Seal)
In the presence of :1………………………..
2…………………………
Note: * Mandatory in case any surety has been prescribed. Strike off, if
irrelevant.
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ANNEXURE-C
INDEMNITY BOND EXECUTED IN PURSUANCE OF
REGISTRATION OF INTELLECTUAL PROPERTY RIGHTS
WITH INDIAN CUSTOMS
[See Rule 5(b) of Intellectual Property Rights (Imported Goods)
Enforcement Rules,2007]
[To be Executed by the Right holder(s)]
1. Whereas, _ ___ ___ _ ( Name & Address) _ ___ ____ ___ ___ __ is the right holder/owner of the
Copyright/Trade Mark/Patent/Design/Geographical Indication and are duly registered with
_______________(indicate the authority with whom it was registerd)_____________________ ,,,
_____________________(Place)_______________ and have decided to seek protection from the
Indian Customs of the registered rights against the imported infringing goods that are violating of the
Intellectual Property Laws in India.
2. And whereas, on our application, the Indian Customs have obliged to suspend the clearance of the
suspected infringing goods as set out in the Intellectual Property Rights (Imported Goods)
Enforcement Rules, 2007, we hereby undertake in terms of Rule 5(b) of the said Rules to indemnify
the Union of India, represented by Commissioner of Customs ____________(specific
formation )_____________ or any of his authorized Officer(s) from any damages incidental and
ancillary to such suspension of clearance and any further action preventing distribution and
circulation of infringing goods, on our behalf, after importation.
3. Further, we indemnify the Union of India, represented by Commissioner of Customs
____________ (specific formation)___________ or any of his authorized Officer(s) from any future
liabilities, in case any third party other than ___ __(Name & Address) ___ __ proves before any
competent authority or any court of law in India or outside, that they are entitled legally to import,
distribute and/or circulate the impugned goods sought to be protected under the said Rules by us. We
also undertake to bear all such expenses and make good any losses that might be incurred in relation
to the measures initiated and actions taken on the basis of our application under the said Rules.
Place:
Signature of the Right Holder
Date:
Witnesses: (i) (ii)
(Signature, Name & Address)
Note: Strike off the irrelevant part(s).
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