Additionally in the same paragraph, India mentions that wine and spirits are the only class of goods that receive higher protection in India. Could India please clarify what is understood by higher protection?
Reply: Higher protection is as defined by Article 23.1 of TRIPS.
Chile 8:
Finally, on the issue of enforcement, paragraph 299 establishes that Customs may seize and hold goods for a reasonable period and then refers to six months, could this mean that a right holder could impede the circulation of so called infracting goods for competitive reasons up to six months, and if so what measures are in place so as to impede unfair competition or abuses on behalf of right holders, also who must burden the cost of storage of the seized goods.
Reply: Primarily, the determination of infringement and suspension of clearance of goods, if any, is effected on the basis of information provided by the right holders at the time of registration of notice filed under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. The goods are seized under the provisions of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 if there are reasons to believe that the goods are liable to confiscation in terms of section 111 of the Customs Act, 1962. Thus, the goods suspected to be infringing goods are seized, if the Customs officer has a reasonable belief of the infringement, which in turn would be based on the facts of the specific case.
