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Abstract
On July 13, 2012, the Delhi High Court delivered two contrasting judgements on the interpretation of the IPR (Imported Goods) Enforcement Rules 2007, which empower the Customs authorities to suspend the clearance of goods alleged to be infringing IP rights upon receiving an appropriate written notice, from the right holder, requesting it. In the first case, LG Electronics India v Bharat Bhogilal Patel, the High Court re-instated its earlier order stating that the Customs authorities should not suspend the clearance of goods alleged to be infringing patents, designs and geographical indications, unless the infringement has already been established by a judicial pronouncement in India. In the second case, Ericsson v Union of India, the Division Bench of the Delhi High Court stated that patent infringement cases cannot be excluded from the scope of the rules.