Shri Gorakh Bhandar vs Commissioner, Customs-New Delhi on 7 March, 2024
35. The IPR Rules, 2007, have been the subject matter of
consideration before the High Court of Delhi in
Telefonaktiebolaget LM Ericcson vs. Union of India - 2014
(299) ELT 184 (Del.), where the appellant was the registered
owner of patents and claimed exclusive rights in the said
technology, the imported consignment was suspended under Rule
7(1)(a) of the IPR Rules. However, before any injunction order
could be passed, the importer filed the writ petition challenging the
order of suspension. Therefore, the subject matter of judicial
review and the bone of contention before the High Court was the
33
C/51711/2019
communication/suspension order in light of the objection that the
issue relating to infringement of „Patent‟ is a complex matter and it
may not be possible or feasible for the competent authority to
come to any such prima-facie conclusion for „reasons to believe‟
and therefore the same has to be considered only by the Court
through judicial pronouncements. The observations of the Court are
set out below: