FORM-XVI

Form XVI
NOTICE UNDER SECTION 53 OF THE ACT

(See rule 79)

To
The Commissioner of Customs,
Central Board of Excise and Customs,

New Delhi.

Sir,

In accordance with section 53 of the Copyright Act, 1957 (14 of 1957), I hereby state that I am the owner of the copyright /right in…………….(work) …………… or I am the duly authorized agent of ………………..(full name)……………….who is the owner of copyright/right in ……….(work)……………….. as per the attached statement. …………… (no. of copies) …………………….infringing copies of the said work are expected to arrive in India at ………………(time) ………………..at…………(place) ………………(evidence attached ) which if brought to India would be infringing copies of the work (evidence attached). I hereby request you to kindly treat these infringing copies as prohibited goods for a period of ………………
I undertake to deposit such amount as may be required as security having regard to the likely expense on demurrage, cost of storage and compensation to the importer in case it is found that the work are not infringing copies. I further undertake to produce an order from a court of competent jurisdiction as to temporary or permanent disposal of such goods within fourteen days from the date of their detention. The particulars in the statement below are true to the best of my knowledge and belief.
Place……………………..
Date………………………
Yours faithfully
.…………………….
(Signatures)

Form of Affidavit
I, ………………………………………………………………………………………………………………………………………………………, of
(full name in block letters)
………………………………………………………………………………………………………………………………………………………..do
 
Hereby (full address) on solemn affirmation state that –
 
(1) The particulars in the statement below are true to the best of my knowledge and belief;
 
(2) The works which are being imported in accordance with the particulars in the said statement are infringing copies of the work described in the said statement; and
 
(3) I am interested in the prevention of importation of the said infringing copies.

STATEMENT
1. Particulars of the Work and Rights held:
(i) Full name, address and nationality of the person giving notice
(ii) If the applicant is not the owner of the copyright, full name, address and nationality of the owner of the copyright.
(iii) Description of the work:
a. Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound Recording);
b. Title of the wok;
c. Full name, address and nationality of the author and, if the author is deceased, the date of his decease;
d. Language of the work;
e. Name and address of the publisher;
f. Year of first publication;
g. Country of first publication;
h. If the copyright in the work is registered under section 45, the registration number.
2. Details of import of infringing copies:
(i) Country of origin of the infringing copies;
(ii) Name, address and nationality of the improper in India;
(iii) Name, address and nationality of the maker of the infringing copies;
(iv) Expected time and place of import of the infringing copies into India;
(v) In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorized agent to identify the said copies to the satisfaction of the Commissioner of Customs?
3. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number).
 
4. Any other relevant information not covered above.
 
5. Enclosures:
(i) Copy of the work the copyright/other right in which is being infringed;
 
(ii) Evidence of ownership and authorship of copyright in the work;
 
(iii) Evidence of infringement of copyright;
 
(iv) Evidence of infringing copies being brought to India;
 
(v) Evidence of payment of fee (copy of Postal Order/Bank Draft/Treasury Challan).
Place………………………
 
Date………………………
……………………..
(Signatures)

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