Prior to 2006, some procedure followed for administrative action were slight different. In case of imported goods, customs were empowered to take cognizance of infringed products by order of Courts or authorities such as Trade mark/Copyright Board & Registrar. Even the infringed Consignment were not withhold consignment without courts order. In case of Drugs & Pharma products Customs use to seek approvals of Drug Controllers (Asst. Drug Controllers - ADC at designated ports), or local state FDA's. This procedure was challenged by one Pharma company by invoking Writ jurisdiction of High Court of Bombay contending that the export consignment was withhold by ADC without authority on the ground of bis-branding and conflicting to similar registered trade mark of some other company.
The High Court sought an explanation from these administrative authority ADC/Drug Controller and Customs about their empowerment under statute to object export of goods when they are not substandard and are manufactured under license issued by the respective FDA. The authorities were unable to provide explanation and any evidence/notification or procedure which validates such approval or objection prior to export. Since then cross-departmental notifications were issued by these authorities empowering them to take cognizance. Presently administrative action is taken by following agencies:-
a. Drug Controllers - Central Body: At various Port locations, there are ADC’s (Asst Drug Controllers), at Regional Level - Deputy Drug Controller, Country level – Central Drug Controller. These authorities function under the office of Controller General of Drugs. Please see link http://cdsco.nic.in/ for more details.
b. FDA - State Body: Every state has its local Food & Drug Administration department - example refer link for FDA- Mumbai, Maharashtra State at http://www.fda-mah.com/introduction.aspx
c. Customs: Customs issued notification for taking cognizance of IPR matter. Refer link http://www.cbec.gov.in/ipr-notfns.htm . For Customs main page refer link http://www.cbec.gov.in/cae1-english.htm . Registration of Intellectual Property Rights: Now Customs have also provided online registration of Intellectual Property by the respective right holders and the details of infringed products so that they can take cognizance if counterfeit products are identified by them while clearing the imported/exported consignments. Please refer link http://ipr.icegate.gov.in/IPR/index.jsp and register your IP and the details of counterfeit products. For foreign trade DGFT involvement refer http://dgft.gov.in/.
The aforesaid administrative actions are in addition to other Civil & Criminal remedies availabe to Intellectual Rights Holders.
