Section 140

140. Power to require information of imported goods bearing false trademarks.—

(1) The proprietor or a licensee of a registered trademark may give notice in writing to the Collector of Customs to prohibit the importation of any goods if the import of the said goods constitutes infringement under clause (c) of sub-section (6) of section 29.

(2) Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section (2) of section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trademarks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon the representation made to him, he has reason to believe that the trademark complained of is used as a false trademark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India.

(3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be punishable with a fine which may extend to five hundred rupees.

(4) Any information obtained from the importer of the goods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the trademark which is alleged to have been used as a false trademark.