Samsung Challenges Indian Customs' IP Enforcement Rules Over Dual-SIM Patent Dispute
Samsung India Electronics Pvt. Ltd., the Indian arm of Samsung Electronics Co. Ltd., has challenged the constitutionality of India's customs regulations governing the import of goods suspected of infringing intellectual property rights, by filing a writ petition before the Delhi High Court. Samsung India was aggrieved by the action of the Indian Customs Department in withholding clearance of its imported dual-SIM-card mobile phones, pursuant to an application filed by a patentee claiming rights over similar technology with the customs office. Specifically, Samsung India challenged Customs Notification No. 47/2007-Customs (N.T.), dated May 8, 2007—titled the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 —read together with Customs Circular No. 41/2007, dated October 29, 2007, titled Instructions for Implementation of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 , issued by the Central Board of Excise and Customs. Under these pro...