provisions of this Act, rules,
orders and export and import policy.- (1) No export or
import shall be made by any person except in accordance ... export or import in contravention of any provision of
this Act or any rules or orders made thereunder or the
export and import policy
registration was
obtained on 11th September, 2014 and the Import
Export code was issued by the Government on 10 th
June, 2014. Trademark application
investigated some
consignments of export covered under 260 shipping bills pertaining to 21
exporters for which Let Export Orders were issued. According to the
investigation ... found that some of the addresses
mentioned by the exporters in their IECs (Importer Exporter Code) were
non-existent. It is alleged that IECs
that one Mr. Mahesh Thakkar had misused its IEC (Import Export Code)
and imported the goods without its permission. The Defendant No.1
delayed
respectfully submitted
that the answering defendant has obtained a certificate from
Importer- Exporter code for manufacturing.
Para 13-14. However it is respectfully submitted that
India for import export operations (these codes are
commonly referred to as ITC (HS) Codes). The Harmonised Commodity
Description and Coding System (commonly referred ... classification of four digit product code is stated.
This clearly indicates the intention to provide benefits to exporter exporting
all products falling under the said
particular
territory, undertakes printing of packaging in a particular territory, exports
goods from a particular territory, it would constitute `use of a mark ... 2016 Page 15 of 21
use for the purpose of import or export[ Section 29(6)(c) ];
use on business papers [ Section
Bgp Products Operations Gmbh And Anr. vs Uoi And Ors. on 14 December, 2018
Equivalent
Supreme Court in Director General of Foreign Trade
and Another versus Kanak Exports and Another , (2016) 2 SCC 226 had
held that subordinate legislation could ... fixing MIP against 173 HS Codes under
Chapter-72 of the ITC (HS)-2012, Schedule-I (Import Policy) would be
effective and applicable from 11th
Essential Commodities Act,
Prevention of Food Adulteration Act, Drugs (Control) Act, Import and
Export (Control) Act, Foreign Exchange Regulation Act etc. The
discussion in this ... being
dealt with under the ordinary law such as the Penal Code, were not the
subject matter of discussion before the Commission. Thus, reliance
placed
