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2012 Supreme(Del) 2205

A.K.SIKRI, RAJIV SAHAI ENDLAW
Telefonaktiebolaget Lm Ericcson Torshamnsgatan, 23 Kista – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
For the Appellant :Mr. Jayant Bhushan, Sr. Advocate with Mr. Anil Dutt, Mr. Ayush Sharma, Mr. Adarsh Ramanujam, Advocates.
For the UOI:Mr. A.S. Chandhiok, ASG with Mr. Atul Batra, Mr. Sumit Jidani, Advocates.
For the Respondent Nos 2, 3:Mr. Satish Kumar, Advocate.
For the Respondent No. 4:Mr. Sudhir Chandra, Sr. Advocate with Mr. Harishankar K, Mr. Vikas Singh fangra, Mr. A Shreekumar, Advocates.

A.K. Sikri, ACJ;—

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 t
































































































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