Section 53 Copyright Act 1957 (inserted 2012) deals with IMPORTATION OF INFRINGING COPIES — the procedure for Customs to detain infringing copies. The owner of copyright in any work may apply to:
Answer & Solution
Correct answer: C.
1. Section 53(1) Copyright Act 1957 (as substituted by the Copyright (Amendment) Act 2012): the owner of any right conferred by this Act in respect of any work, or any performance embodied in such work, or his duly authorised agent, may give notice in writing to the Commissioner of Customs, or any other officer authorised in this behalf by the Central Board of Excise and Customs, that — (a) he is the owner of the said right, with proof thereof; AND (b) he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice.
2. The Commissioner may, after scrutiny, treat the goods as prohibited under the Customs Act, 1962.
3. The IPR (Imported Goods) Enforcement Rules, 2007 provide the procedural framework.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 53 (substituted by 2012 Amendment)_
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