Page 180 - SMUGGLING IN INDIA REPORT FOR 2020-2021
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134 2020-2021 SMUGGLING IN INDIA REPORT
DRI comes into picture when it comes to ensuring food safety and regulating the standards associated with food products. DRI has seized many consignments
of food products attempted to be imported into India, which didn’t adhere to the regulations laid down under the FSSAI Act and its Regulations.
Patents, Designs, Trademarks and Copyrights Acts
Globally, there is an ongoing pursuit towards protection of Intellectual Property Rights(IPR), as it contributes immensely to a nation’s economy and for growth in areas such as research, innovation and employment. Effective IPR enforcement is also essential to health and safety. In particular, IPR creates and supports high- paying jobs, drives economic growth and competitiveness, protects consumers and families, helps generate breakthrough solutions to global challenges, encourages innovation and rewards entrepreneurs. Therefore, it becomes imperative for the IP rights to be protected both at domestic as well as at global level.
India is a signatory to the WTO Treaty on Trade Related Aspects of Intellectual Property Rights (TRIPS). Under Articles 51 to 60 of the TRIPS Agreement, a WTO member country is obliged to enact laws to fulfil obligations relating to border measures so
far as enforcement of IPRs at Border is concerned. In India, IPR enforcement is mainly governed by the Patent Act, 1970, Trademarks Act, 1999, Designs Act, 2000, Copyrights Act, 1957 along with the IPR (Imported Goods) Enforcement Rules, 2007 which deal with copyrights, trademarks, patents, designs and geographical indications' violations. The above laws/rules have provisions prohibiting import of goods infringing Intellectual Property Rights under the respective Acts. The powers to take action against such infringing goods at the border i.e. at the time of import and export, by the Customs and DRI Authorities are contained in Sections 11, 111, and 113 of the Customs Act, 1962. DRI has booked a variety of cases involving infringement of IPRs. DRI's intelligence and interceptions of goods violating Intellectual Property Rights (IPR) indicate that majority of these fake products originate in China. The