World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

(Question 24: Page 118, paragraph 271)

According to the Secretariat's Report, "India has not yet acceded to the Hague System." Please describe what stage the discussions on the possibility of acceding to the Hague Agreement have reached.

Reply: The issue is not under discussion at present.

(Question 25: Page 120, paragraph 283)

The Secretariat's Report mentioned that "upon an application by the right holder, the Registrar of Copyrights conducts an inquiry, and may prohibit the importation of copies made outside of India, which if made inside India would infringe the copyright. In these instances the Registrar of Copyright or a person authorized by him may enter any ship, dock or premises where such infringing copies may be found and examine such copies." Please describe details (about the laws, rules and procedures etc.) for applications．

Reply: Section 53(1), on "Importation of infringing copies", of the Copyright Act, 1957 provides that the Registrar of Copyrights, on application by the owner of the copyright in any work or by his duly authorised agent and on payment of the prescribed fee, may, after making such inquiry as he deems fit, order that copies made out of India of the work which if made in India would infringe copyright shall not be imported. Section 53(2) of the Act states that, "Subject to any rules made under this Act, the Registrar of Copyrights or any person authorised by him in this behalf may enter any ship, dock or premises where any such copies as are referred to in sub section (1) may be found and may examine such copies." Section 53(3) of the Act also states that, "All copies to which any order made under sub section (1) applies shall be deemed to be goods of which the import has been prohibited or restricted under section 11 of the Customs Act, 1962, and all the provisions of that Act shall have effect accordingly: provided that all such copies confiscated under the provisions of the said Act shall not vest in the Government but shall be delivered to the owner of the copyright in the work."

The Chapter VIII of the Copyright Rules, 1958 which with "Importation of Infringing Copies". The Rule 22 provides that, "Every application, under sub section (1) of section 53 shall be made in accordance with Form VI and shall be accompanied by the fee specified in the Second Schedule." For an application for prevention of importation of infringing copies (under section 53) a fee of Rs 400 per work, per place of entry has to be paid by the applicant by demand draft or by Indian Postal Order payable to "Registrar of Copyrights", New Delhi. A copy of Application Form VI provided in the Copyright Rules, 1958 is enclosed. However, the section 53 is proposed to be amended in the Copyright (Amendment) Bill, 2010. The Copyright Act, 1957, the Copyright Rules, 1958 and the Bill are available at www.copyright.gov.in.