KARACHI: The Port Mohammad Bin Qasim has redefined the procedure to deal with the import of counterfeited goods into the country.

According to the 2nd draft of Import Manual prepared by MCC Port Mohammad Bin Qasim, the goods imported in infringement of Trade Mark Ordinance 2001 or Copy Right Act, 1962 falls within the definition of counterfeit as defined in the Pakistan Penal Code (PPC), “A person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practice” and liable to confiscation after the due process of adjudication under section 179 of the Customs Act, 1969.

Accordingly, the proprietor of the Trade Mark will serve notice to the Collector of Customs giving complete details of the Trade Mark registered by him. The notice received from the Proprietor of Trade Mark will be marked to the intelligence branch of the Collectorate. They will circulate to all the concerned sections / officials / officers of examination and assessment side responsible for processing the import consignments.

The Intelligence branch of the Collectorates will also keep surveillance to facilitate the genuine trade and protect their intellectual property rights thus protecting their financial interest as well.

The Goods Declaration presented to or marked in the WeBOC system to the Appraising Officer for assessment purposes containing infringing trade mark goods, he will satisfy himself with regards to the intimation, notice received from the proprietor of the registered Trade Mark and process the case in accordance with the law for seizure of the infringing goods and forward to the principal Appraiser concern for further scrutiny and check.

Upon satisfaction to the bonafide of the case, Principal Appraiser will forward the same to the Assistant / Deputy Collector for final approval and submission of the case to the Adjudication Collectorate.

The Assistant / Deputy Collector OF clearance Collectorate shall satisfy himself to the bonafide of the case and forward the same to the Adjudication Authority through the Additional Collector (Law) for final disposal.

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