Section 53:
Importation of infringing copies.
1[53. Importation of infringing copies.-- (1) 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 be Commissioner of Customs, or to any other officer authorised in this behalf by the Central
Board of Excise and Customs, --
(a) that he is the owner of the said right, with proof thereof, and
(b) that 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, after scrutiny of the evidence furnished by the owner of the right and on being
satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited
goods that have been imported into India, excluding goods in transit:
Provided that owner of the work deposits such amount as the Commissioner may require as security
having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in
case it is found that works are not infringing copies.
(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs
Officer detaining them shall inform the importer as well as the person who gave notice under
sub-section (1) of the such goods within forty-eight hours of their detention.
(4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited
goods, if the person who gave notice under sub-section (1) does not produce any order from a court
having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the
date of their detention.]
Notes:
1. Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21-6-2012)