Know what are Intellectual Property Rights as stated in the Indian law
Trademark & Copyright

Know what are Intellectual Property Rights as stated in the Indian law

The term "creations of mind" are used to describe Intellectual Property (“IP”). It includes works of art and literature, inventions, designs, trademarks, names, and symbols used in business and trade. Intellectual Property Rights (“IPR”) are the legal rights that grant an exclusive right to the inventor, manufacturer, or user of a product for a specific amount of time. Indian laws pertaining to IPR have been unified as a result of the TRIPS Agreement.

IPR is a powerful weapon for safeguarding the inventor's time, money, and effort. By fostering fair competition, industrial expansion, and economic prosperity, IPR influences the economic development of a nation.

The importance of the IP can be traced to the use of stamps on bricks for identification by ancient Roman brickmakers and even further back to the ancient Greek city of Sybaris, where the rulers granted the originator of a delectable dish a one-year cooking monopoly. The development of science, technology, and international trade has undoubtedly resulted in significant changes since then.

Who controls IPR in India?

The Government of India has designated the Department of Industrial Policy & Promotion (DIPP) which was renamed as Department for Promotion of Industry and Internal Trade (“DPIIT”) in 2019 under Ministry of Commerce, as the nodal department to coordinate, direct, and monitor the implementation and future development of IPRs in India.

Types of Intellectual Property Rights?

Lawfully, IP is safeguarded by:

  • Copyright: the legal right to own exclusive reproduction, publishing, and commercial use of a literary or artistic work's form and content.
  • Patents: exclusive rights provided for an invention, that is, a product or a technique that generally gives a fresh approach to a problem or a new technical solution to a current one.
  • Trademark: a distinctive logo, phrase, or term that identifies a particular product. It lawfully distinguishes a good or service from all similar ones.Industrial Design: only safeguards a product's aesthetic appearance or attributes.
  • Geographical Indication: a label applied to products with a particular geographic origin that is known for their unique qualities or good reputation.
  • Trade Secret: are IPR on confidential/sensitive information that can be licensed or sold.

Also read Know About Trademark Registration Process & Advantages

Data Protection

Data protection laws are a set of privacy laws, regulations, and practices designed to reduce the privacy breaches caused by the collection, storage, and sharing of personal data. In general, personal data is any information or data that may be used to identify a specific person and is gathered by a government, private entity, or agency.

Governing Regulations

IPR in India are governed under the following Acts:

  • Trade Marks Act, 1999

Ministry DPIIT, Ministry of Commerce and Industry

One of the main goals of Act is to prevent registered trademarks from being misused or exploited for any economic gain by unauthorized users. A trademark can only be used by the registered owner in India. In 2013, India's entry into the Madrid Protocol was made possible by the Trademark Amendment Act 2010. Additionally, the Act covers the rights of the trademark owner, fines for infringement, remedies for damages, and methods of trademark transfer.

  • The Patents Act, 1970 (amended in 2005)

Ministry DPIIT, Ministry of Commerce and Industry

With the help of the Indian Patent and Designs Act, 1911, patents were first made available to the Indian industry. In 1972, the existing Patents Act, 1970, which updated and consolidated earlier patent laws in India, went into effect. The Patents (Amendment) Act 2005 further revised the Patents Act of 1970 by extending product patent protection to all areas of technology, including food, pharmaceuticals, chemicals, and microorganisms. By offering innovators exclusive rights to their ideas, the main goal of Patent Act is to motivate them to contribute more to their field.

Also Read: How to start a food packaging business?  

  • The Copyright Act, 1957

Ministry DPIIT, Ministry of Commerce and Industry

The Act prevents unlawful uses of original literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Copyright safeguards expressions rather than ideas. An idea is free of copyright.

  • The Designs Act, 2000

Ministry – DPIIT, Ministry of Commerce and industry

The Design Act 2000 was passed in order to bring the Design Act into compliance with international law. It is a statute that amends and codifies the existing provisions governing the protection of designs. The primary aim of design registration under the Act is to prevent others from copying new or original designer's work and depriving them of their benefit for coming up with it.

  • The Geographical Indication of Goods (Registration and Protection) Act, 1999

Ministry – DPIIT, Ministry of Commerce and industry

This is a unique Act in India for protecting Geographical Indications (“GI”). India passed the Act to comply with the TRIPS Agreement as a member of the World Trade Organization. Only individuals listed as authorised users or at the very least, those who reside within the designated geographic area are permitted to use the well-known brand name, owing to the GI label.

  • The Protection of Plant Varieties and Farmers Rights Act, 2001

Ministry – Ministry of Agriculture and Farmers Welfare

The Act ensures the formation of a successful system for safeguarding plant varieties, farmers' and plant breeders' rights and promoting the creation of new plant varieties. The development of the country's agriculture will be aided by protecting plant breeders' rights, which will also promote both private and public sector investment in research and development to produce new plant varieties.

Also Read: Copyright Vs Trademark – How They Compare & Contrast  

  • The Information Technology Act, 2000

Ministry: Ministry of Electronics and Information Technology

Digital signatures and electronic records are recognized by the Act, which creates a legal framework for electronic governance. Additionally, it outlines what constitutes cybercrime and the penalties for them. The Act mandated the establishment of a Controller of Certifying Authorities to oversee the issuance of digital signatures. This Act's primary goals are to carry out reliable and legal electronic, digital, and online transactions and to reduce or eliminate cybercrimes.

To conclude, varied forms of intellectual property have different legal protections in India. With judges having a better understanding of IPR rules, India is starting to be recognized as a pro-innovator jurisdiction. Additionally, with a sound legal foundation in place, India has witnessed a sharp rise in the assertion of IP rights by creators.

You may also read How to Draft a Service Agreement?

 

Know about legal options for non-payment of dues by clients
Any other Legal Issue

Know about legal options for non-payment of dues by clients

Everyday transactions between buyers and sellers occur. In today's corporate world, there is a lot of competition, making managing buyer and seller relationships challenging. A better relationship may be quite advantageous for both the buyer and the seller. A seller's performance and a buyer's comprehension of one another might lead to mutual trust. The key to managing the connection is having open lines of communication from the outset between the buyer and vendor. The connection between the buyer and seller is likewise based on trust, but what happens if someone betrays that trust? Anybody may betray confidence, even after doing business with each other for years.

Also, read The Unique Identity Of A Company Director As Per The Company Law

Create a formal demand.

If you want to file a lawsuit over unpaid bills, you start the procedure by sending a formal demand letter to the defendant, who may be a person, a company, or both. You may make the demand against both the defendant (a company) and the personal guarantee (a person) signed by the defendant (a person).

Your demand letter should include, among other things:

• Determine the nature of the default by the client;

• Determine the amount owed;

• Request payment of all past-due sums by a certain deadline; and

• Inform of potential legal action.

• Inform of potential legal action.

Legal Action

You may take the following legal actions:

Remedies available under civil law:

  • Order 37 of the Civil Procedure Code states that this power is given to the party who wants to recover his money. This decision permits a creditor to file a straightforward lawsuit. After the summons and lawsuit filing, this decision is considered a speedier trial. Only 10 days are given to the defendant to reply to the lawsuit. The court will take the plaintiff's charges as true if the defendant is absent. The plaintiff's case can be effectively defended by the defence by providing evidence and surviving the cross-examination. If the court finds that the defendant did not take the credit, the plaintiff will receive nothing; nevertheless, if the plaintiff can show that the defendant did accept the credit and did not repay it, the plaintiff will receive the awarded damages.
  • The Negotiable Instruments Act of 1881 regulates situations where checks, bills of exchange, and other forms of payment are not honoured. The act has many portions for various instruments. The dishonour of a check due to inadequacy, etc., of money in the account is addressed under Section 138 of the Negotiable Instruments Act. Under Section 138 of the Negotiable Instruments Act, the seller may sue the consumer if any client delays payment via check. A legal notification regarding the bounced check is delivered to the consumer under 138, and if he doesn't respond within 30 days, the seller may file a lawsuit against him under 138 of the NI Act for non-payment of the payment.

Also, read Know All About The Service Agreement.

Remedies under criminal law

  • According to the Indian Penal Code, criminal breach of trust is covered under Section 406: according to Indian Penal Code Section 406. Seller may bring a lawsuit for trust violation. By failing to pay for the goods or services received, the customer has betrayed the seller's confidence, the seller must demonstrate.
  • The cheating is covered under Section 417 of the Indian Penal Code. Cheating between a vendor and a customer or between two persons can take many different forms. Cheaters will be penalised with either type of jail for a time up to a year, a fine, or a combination of the two.
  • The Indian Penal Code's Section 420: This section provides remedy to the victim of fraud. Similar to section 417, this section also addresses cheating. This clause may allow the seller to take legal action if the consumer fails to make a payment.

Initiating CIRP as an Operational Creditor

According to Section 5(20) of the Code, an operational creditor is any person or entity legally owed operational debt and anybody to whom it has been properly assigned or transferred. Financial liabilities connected to the sale of goods or services are classified as operational debt under Section 5(21) of the Code. Obligations due to the Central or State Governments, other authorities, or workers for unpaid salaries, as well as debts owed for the restoration of unpaid wages owed under any legislation, are also included. When a Corporate Debtor fails to pay debts, Operational Creditors may commence the Corporate Insolvency Resolution Process against the Corporate Debtor. The sections and rules have clearly defined the complete procedure and requirement of filing a case before NCLT under the Code for speedy resolutions.

Copyright Vs Trademark – How They Compare & Contrast
Trademark & Copyright

Copyright Vs Trademark – How They Compare & Contrast

Intellectual Property

There is a term called Intellectual Property. Among various things, the intellectual property also contains trademark and copyright, Now, the question is how do these terms differ from each other.  

Eventually, intellectual property & brand identity can be as important as earning revenues in your business. For instance, what would happen if somebody begins to sell your product using the name of your company and your logo as an endorsement without your consent – how will this impact your business?  

Well, fortunately, with the development of copyrights and trademarks, you can safeguard your business and also file a case against those who are illegally using your brand and intellectual property without your permission. So, here we present the difference between copyrights and trademarks. This will help you understand which one may be applicable to your business. You will know how to properly protect your intellectual property.

Also read Know About Trademark Registration Process & Advantages

Copyright Vs Trademark – Know The Difference

Well, both trademark and copyright are types of intellectual property. They can be defined as intangible assets or may be creations of the mind—just like designs, inventions, literary & artistic works, symbols, names, and images used in commerce.

As for intellectual property for businesses, this consist of business ideas, also the works or processes that emerge from these ideas. Well, in the U.S., trademarks and copyrights and even patents, are used to legally protect intellectual property.

Thus, the main difference between copyright vs. trademark is : While both offer intellectual property protection, they actually protect different kinds of assets and have different registration requirements.

To put it straight, copyright protects literary & artistic materials and works, like books & videos, and thus it is automatically generated upon creation of the work. On the other hand, a trademark protects such types of items that help define a company brand. These may include the business logo or slogan. They may need more detailed registration through the government for the greatest legal protections.

Let us split the details of each of these protections individually in order to know the differences better:

Entities Protected By A Copyright

A copyright is a type of intellectual property protection that includes in its Ambit, the original works and is created automatically by the creation of those works.

  • Copyright covers literary, dramatic, musical, and artistic works, that include:
  • Novels
  • Poetry
  • Other forms of original writing
  • Art
  • Research
  • Movies
  • Songs
  • Other forms of audio and video materials
  • Computer software
  • Architecture

Thus, until the original creation is preserved in some form, it gets protected under copyright when it's created. However, works that are not available in some tangible form—like a speech that wasn't written down or recorded, this cannot be copyrighted.

There are some more works that cannot be copyrighted, these include:

  • Ideas
  • Discoveries
  • Principles

Those works that are in the public domain, or we can say, the works for which the copyright has expired, forfeited, waived cannot be copyrighted again. However, the public domain varies from country to country.

You may also read Service Agreement Vs Contract - How They Compare & Differ?
 

The Mode And Method Of Protecting Copyright

So, as we know now, in addition to what copyright and trademarks protect, one more difference between the two is how these intellectual properties are protected.

Also, though copyright is generated automatically upon creation of a work, there are various precautions that should be there to ensure potential copyright infringers don’t use your work without permission.

A Trademark Protects What

On the other hand, trademark is a kind of intellectual property protection that includes words, symbols, designs, phrases that makes a particular brand (or source of goods) different in comparison to others.

Thus, a trademark protects the following items:

Brand names

Business names

Logos

Slogans

Therefore, a trademark can be anything that brands a business or marks out a product or company. Following are some instances:

The hexagonal screw-top Tabasco bottle is trademarked.

Subway sandwiches trademarks one full word “Footlong,”

The symbol of McDonalds Golden Arch is trademarked.

It's important to distinguish differentiate a trademark and a service mark. While the word "trademark" is mostly used to include both trademarks and service marks, a service mark is also used to distinguish one type of business service from those provided by another.

Another significant difference between copyright & trademark is while copyrights expire after a set period, trademarks do not expire. On the whole, the rights of trademark come in from actual use.

You may also read Pro Bono Legal Service - Know About Free Legal Services

Know About Trademark Registration Process & Advantages
Trademark & Copyright

Know About Trademark Registration Process & Advantages

The word “Brand Name” is known as “Trademark” in legal terminology. Any word, name, symbol, device, numeral or combination of both, which can be shown graphically is registered as a trademark. A trademark is a unique symbol which makes your goods or services different from others. If a trademark is registered for services it is known as a service mark.  

You may also read How to Draft a Service Agreement?

It is considered a good trademark if it is easy to speak and remember. Also, it should not move away from its differentiation and distinctiveness. Brand Value and reputation often impact the customer in choosing a product.

What Can Be Registered As a Trademark?

1. Name

a. The Name Of The Product: One can register a specific product’s name as a trademark. Apple’s iPod is a product name trademark.

b. The Name Of Business: Registering the company name as a trademark is the most usual route that businesses take. Eg -  Bajaj.

c. Name/Surname Of A Person: If your name plays a significant role in creating revenues, then you may also trademark your name!

d. Abbreviations: The abbreviations can also be a trademark It can be abbreviation of your company. Ex: BMW.

2. The Logo/Symbol

It is very much recommended that you trademark a logo. This is so because it visually stands for your brand. Your customers will be able to remember a logo quicker than a name. A great example is the ‘swoosh’ of Nike.

3. The Tagline

You can also have a tagline for your brand. A tagline can tell your customers what you stand for as a business. For instance, KFC’s ‘It's finger-lickin' good’.

4. Other Options

a. Colour Mark: You may trademark a colour or a combination of several colours. (Ex: Cadbury trademarked the colour royal blue)

b. Sound Mark: Besides, you can trademark musical notes or sounds.

Advantages of Trademark Registration:

The Rights Of Exclusivity:

The owner has the right to use the same trademark for all products falling under the applied categories. Also, the owner commands the sole hold of the Trademark and can prevent others from the illegal use of the Trademark under the same types where it is registered. It gives the power to sue the unauthorized and unwarranted user of the registered Trademark.

You may like to read Know All About The Service Agreement

Adds Trust & Goodwill:

Everyone knows the quality of your product and services through the established trademark, which signifies your trust and goodwill among the customers.    

It also helps in developing permanent customers who adhere to the brand faithfully and select the same brand always.

Segregates The Products:     

It changes the identity of your product from that of the existing and foreseen competitors and acts as an efficient commercial tool. The logo also conveys your vision and the specific characteristic of your company and organisation.

Product Quality Gets Recognition:

The quality of the product gets recognition. Customers also club the product’s quality and the brand name. Thus, an image comes up in the market about which depicts the quality of a particular brand. This also helps in making new customers as they can identify the quality of a product by the logo/brand name.

Asset Creation:

Registration of Trademark makes an intangible asset i.e. an Intellectual Property for the organisation. Well, Registered trademark is an asset which is created and which can be sold, franchised, assigned,  or commercially contracted. Besides, the trademark is an intangible asset which gives makes the organization gain.

The Use of ® symbol:

When the trademark is registered, one can use the symbol ® on the logo. You can add along with the symbol that it is a registered trademark. Then no one can use the same trademark. It is exclusive across various kinds of usages and also rights. In case, somebody else uses your exclusive trademark, you can sue the party for the illegal act.

Infringement  Protection:

No other person is allowed to use the word mark or logo, which you have registered under the trademark. But, in case someone uses it without the permission of trademark owner or makes any wrong use of the same, the owner is entitled with legal protection under the Act and the person can be stopped from doing so.

Ten Years Low-Cost Protection  

Online Trademark registration is available on a very low cost. When you register the trademark, you need to pay just the maintenance cost and renewal cost which is until 10 years of registering the trademark. It is low cost and makes your company create a unique image.

Also read Master Service Agreement: How Is It Important in IT Outsourcing?

Global Trademark Registration:

When someone wishes to register their trademark in countries besides India, then the trademark which is registered in India can be treated as the basis of registration there. For anyone who is willing to expand beyond India, the trademark that is registered in India can provide a proper base along with the Goodwill which is established in this country.

About Human Resources:

Young minds often want to join big Brands . It acts as a magnate It sets up the positive image of the organisation and therefore candidates are attracted easily. This lessens the cost of hiring and related activities.

Trademark Agreement  -  The Law To Preserve And Facilitate Creativity
Trademark, Copyright, Patent or any Intellectual Property related matter

Trademark Agreement - The Law To Preserve And Facilitate Creativity

The Emergence Of The Need For Trademark 

Modern civilization is marked by a massive splurge of intellectuality. Freedom, rationality and the creation of unbiased & creative stuff is the hallmark of the new global order, which first got initiated with the emergence of the renaissance movement in Europe around the 14th, 15th century ADs, With the splurge of the creation of innovative products and services, a need was felt that the originality of any new type of product or service should be preserved and protected. Thus, arose the concept of trademark and the various laws, rules and conventions that govern the concept of trade mark.   One prime aspect of trademark has come to be known as trademark agreement.

Also read Copyright Registration – The Legal Weapon To Preserve And Encourage Originality

The Expanse And The Spread Of The Trademark  

Today, trademark has become a significant, universal happening. It is anywhere and everywhere now.  It may be  more in advanced countries & regions, less in developing countries and regions. Its intensity may vary but it is now global and universal. And, in regions where it is less, there too it is catching up fast.  Now, let us see more about trademark registration and trademark agreement. 

Trademark Registration In India 

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.

The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.

b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.

c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.

d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.

2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.

4. Other Options
a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)

b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.

c. Scent Mark: Even scents can be trademarked.

Also read Profession Is The Link Between An Individual And The Larger Society

Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:

It showcases your unique identity
It helps you build trust and loyalty among your customers
It offers legal protection for your brand’s identity
It is an asset in itself
It prevents unauthorized usage of your brand’s identity.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.

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Some of the popular trademark classes in India are:

Class 9: which includes computer software and electronics,
Class 25: which includes clothing,
Class 35: which includes business management and advertising, and
Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

 

Importer-Exporter Code :  The Fundamental to create an effective global trade
Company

Importer-Exporter Code : The Fundamental to create an effective global trade

The Importance Of Raising Materialism 

Modern societies need economics more than anything else. Only when materialistic needs of the people are fulfilled, they can turn towards higher and more intellectual pursuits. Thus, the goal of developing nations should  be to fastly and fiercely pursue the path of rapid and radical economic (and social) development. As for the developed countries, they should try to upgrade and maintain the high levels of socio-economic standards. 

The Role Of International Trade 

The most important factor in matters of the development of countries is international trade. And in international trade, export and import and their mutual balance & imbalance. And the Exim factor includes a crucial element, which is known as Importer and exporter codes. 

The Trigger To Go Global 

In this age of cut-throat competition, everyone wants to grow their business beyond the limits of the domestic market. However, doing business globally isn’t just a cup of tea for everyone. Before going global, you need to follow several procedures and laws in place and get different registration and license. IEC (Import Export Code) license is one of such prerequisites when you’re thinking of importing or exporting from India. It is also known as Importer- Exporter Code.


IEC For Traders: How The Traders Can Attain It 

IEC (Import Export Code) is required by anyone who is looking to kick-start his/her import/export business in the country. It is issued by the DGFT (Director General of Foreign Trade). IEC is a 10-digit code that has lifetime validity. Predominantly importers merchants cannot import goods without the Import Export Code and similarly, the exporter merchant cannot avail benefits from DGFT for the export scheme, etc. without IEC.

Situations Where IEC is Required

When an importer has to clear his shipments from the customs then it’s needed by the customs authorities.
When an importer sends money abroad through banks then it’s needed by the bank.
When an exporter has to send his shipments then it’s needed by the customs port.
When an exporter receives money in foreign currency directly into his bank account then it’s required by the bank.

You may also like reading Know about GST: The taxation system that changed India.


Steps Involved in IEC (Import/Export Code) Registration

  • Visit the DGFT website.

  • Click on the ‘Services’ tab on the homepage.

  • Select the ‘IEC Profile Management’ option from the drop-down list.

  • A new page will open. Click on the ‘Apply for IEC’ option on the page.

  • Click on the ‘Register’ option. Enter the required details and click on the ‘Sent OTP’ button.

  • Enter the OTP and click on the ‘Register’ button.

  • Upon successful validation of the OTP, you will receive a notification containing the temporary password which you can change after logging into the DGFT website.

  • After registering on the DGFT website, login to the website by entering the user name and password.

  • Click on the ‘Apply for IEC’ option on the DGFT website.

  • Fill the application form (ANF 2A format), upload the required documents, pay the required fees and click on the ‘Submit and Generate IEC Certificate’ button.

  • The IEC code will be generated by the DGFT. You can take a printout of your certificate once the IEC code is generated

Documents required for IEC (Import Export Code) Registration

For IEC Code Registration, the  following documents are required:

  • Individual’s or Firm’s or Company’s copy of PAN Card.

  • Individual’s voter id or Aadhar card or passport copy.

  • Individual’s or company’s or firm’s cancel cheque copies of current bank accounts.

  • Copy of Rent Agreement or Electricity Bill Copy of the premise.

  • A self-addressed envelope for delivery of IEC certificate by registered post.

Also read TDS Returns: Know the Aspects

Benefits of IEC Registration


Expansion of Business

IEC assists you in taking your services or product to the global market and growing your businesses.
 

Procuring Various Benefits

The Companies could avail several benefits of their imports/ exports from the DGFT, Export Promotion Council, Customs, etc., on the basis of their IEC registration.
 

No Filing of returns

IEC does not require the filing of any returns. Once allotted, there isn’t any requirement to follow any sort of process for sustaining its validity. Even for export transactions, there isn’t any requirement for filing any returns with DGFT.
 

Simpler Processing

It is fairly easy to obtain IEC code from the DGFT within a period of 10 to 15 days after submitting the application. There isn’t any need to provide proof of any export or import for getting IEC code.
 

Renewal Need Not There 

IEC code is effective for the lifetime of an entity and requires no renewal. After it is obtained, it could be used by an entity against all export and import transactions.
 

Some Cases Where Import-Export Code (IEC) is Not Mandatory

According to the latest circular issued by the government, IEC is not mandatory for all traders who are registered under GST. In all such cases, the PAN of the trader shall be construed as a new IEC code for the purpose of import and export. Import Export Code (IEC) isn’t required to be taken in case the goods exported or imported is for personal purposes and isn’t used for any commercial purpose. Export/ Import done by the Government of India Departments and Ministries, Notified Charitable institutions need not require getting Import Export Code.

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