TELEFONAKTIEBOLAGET LM ERICCSON TORSHAMNSGATAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Under the scanner of judicial review is the validity and/or interpretation of Rule 7 (1)(a) of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (hereinafter referred to as the IPR Rules). These IPR Rules are promulgated by the Central Government in exercise of powers conferred on it vide sub-Section (1) of Section 156 of the Custom Act, 1962 (hereinafter referred to as the Act). These IPR Rules, inter alia, empower the Custom Authorities to suspend the clearance of those imported goods which infringe Intellectual Property Rights namely in breach of the intellectual rights in India and outside India and which are sought to be imported without the consent of the right holder or a person duly authorized to do so by the right holder. After the suspension, the Custom Authorities allow a right holder and the importer or their duly authorized representative to examine the goods, supply the information to the right holder as well as the importer and determine as to whether the goods are infringing the Intellectual Property Rights of the right holder. If on determination, it is found to be so, then such goods confiscated under Section 111(d) of the Act can be destroyed by the Customs Authorities after obtaining 'no objection' or concurrence of the right holder or his authorized representative. This is the gist and purport of the aforesaid Rules.

(2.) As far as Rule 7 is concerned, it deals with 'suspension of clearance of imported goods', detailed note whereof shall be taken alongwith other relevant Rules after stating the contextual facts of the case as that would provide better understanding.

(3.) The appellant herein is the registered owner of patents bearing no. 203036, 203034, 203686, 213723 and 234157 relating to certain models of G'Five brand of mobile phones and thus claims exclusive right in the said technology. After the aforesaid IPR Rules, 2007 were notified vide Notification dated 8 th May. 2007, the appellant registered its aforesaid five patents with the Commissioner of Customs, Deputy Commissioner of Customs (respondent no.2 and 3 herein) under Rule 4 of the IPR Rules. At this stage, we would like to reproduce Rule 2(b),(c), (d), and Rule 6 which provides certain definition as well as mechanism for the said registration by the intellectual property right holder for registration under these Rules:-