Rule 79 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 79 sets the procedure for a copyright owner who wants Customs to stop infringing copies from being imported. The owner gives notice to the Commissioner of Customs in Form XVI, pays the fee, deposits security if asked, and Customs suspends clearance for fourteen days. If the owner has no court order by then, the consignment is released. The rule implements section 53 of the Copyright Act, 1957.
Notice under section 53(1) goes to the Commissioner of Customs (or an officer authorised by the Central Board of Excise and Customs) in Form XVI, with the Second Schedule fee. The notifier deposits security in the amount and time the Commissioner fixes. On arrival, if satisfied, the Commissioner suspends clearance for fourteen days and informs the notifier. The importer may ask for the notifier's name and address. If no court order is produced, the consignment is released after fourteen days.
Which section the rule serves
Rule 79 implements section 53(1) of the Act, on importation of infringing copies. See our article on section 53. If you are an owner planning to stop an import, or an importer who has received a detention notice, our legal notice drafting team can prepare or answer the Form XVI notice and the follow-up.
Rule 79(1): Form XVI and the fee
"Every notice, under sub-section (1) of section 53, shall be made to the Commissioner of Customs, or to any other officer authorized in this behalf, by the Central Board of Excise and Customs in accordance in Form-XVI and shall be accompanied by fee as specified in the Second Schedule."
Fee (as notified in 2013; check the current Schedule). The Second Schedule (entry 19) lists an application for prevention of importation of infringing copies (section 53) at Rs. 1,200 per work per place of entry. A notice covering one work at two ports is therefore charged for each place of entry.
What Form XVI contains
Form XVI is headed "Notice under section 53 of the Act" and is addressed to the Commissioner of Customs, Central Board of Excise and Customs, New Delhi.
| Part | Content |
|---|---|
| The notice | The notifier is the owner of the copyright or right in a work, or the authorised agent of the owner; a stated number of infringing copies are expected to arrive in India at a stated time and place (evidence attached); a request to treat them as prohibited goods for a stated period |
| Undertakings | To deposit security for the likely expense of demurrage, cost of storage and compensation to the importer if the works are found not to be infringing; and to produce a court order on disposal of the goods within fourteen days from the date of detention |
| Affidavit | The particulars are true; the works being imported are infringing copies of the work described; the deponent is interested in preventing importation |
| Statement 1 | The work and rights: notifier's name, address and nationality; the owner's, if different; class, title, author, language, publisher, year and country of first publication, registration number |
| Statement 2 | Import details: country of origin; name, address and nationality of the importer; the maker of the infringing copies; expected time and place of import; whether the notifier will go or depute an agent to identify the copies to the Commissioner's satisfaction |
| Statements 3 to 5 | Fee payment; other relevant information; enclosures: a copy of the work, evidence of ownership and authorship, evidence of infringement, evidence of the infringing copies being brought to India, and proof of fee payment |
Drafting slips. The Form's statement refers to "the improper in India" where "importer" is meant, and to the "wok". The rule says "in accordance in Form-XVI". The Form speaks of treating copies as "prohibited goods for a period of ……", while the rule itself fixes fourteen days of suspension; the Form's blank is for the notifier to complete.
Rule 79(2): security deposit
"The person who gives notice under in sub-rule (1) shall deposit, within the time specified by the Commissioner, such amount as the Commissioner may deem fit as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that the works are not infringing copies."
The amount is not fixed by the rule: it is whatever the Commissioner deems fit, with reference to three items of likely cost. The notifier therefore carries the risk of a wrong notice, through the security.
Rule 79(3) to (5): detention, disclosure and release
| Sub-rule | Step |
|---|---|
| (3) | On arrival of the works, if satisfied, the Commissioner or authorised officer suspends clearance for fourteen days and informs the notifier of the arrival and detention |
| (4) | At the request of the importer or his authorised agent, the Commissioner or officer informs the name and address of the person who gave the notice |
| (5) | On expiry of fourteen days, if the notifier has failed to produce an order from the competent court restraining release, the Commissioner or officer releases the consignment |
So the notifier's real deadline is fourteen days from the start of the suspension (the Form speaks of fourteen days from detention). Within that time the notifier must have an order from the competent court. The text does not say what kind of order will do, beyond one "restraining him from releasing the suspended consignment". Sub-rule (4) means the importer can learn who complained and take the matter up directly.
An example
Sana Books owns the Indian rights in a school textbook and learns that a container of unauthorised copies is expected at Mundra port in two weeks. She files Form XVI with the Commissioner, with evidence of her ownership and authorship, a copy of the book, evidence of the shipment, and the entry 19 fee as notified in 2013 (Rs. 1,200 for one work at one place of entry). The Commissioner asks her to deposit a stated sum as security for demurrage, storage and possible compensation. When the container arrives, clearance is suspended for fourteen days. Sana files a suit and gets an order restraining release inside the period, so the consignment is not released. Had she produced no order, the consignment would have been released at the end of fourteen days, and the importer could have asked for her name and address.
What rule 79 does not say
- No time within which the notice must be filed before the expected arrival.
- No amount of security; it is for the Commissioner.
- No definition of "competent court".
- No rule on what the Commissioner does with a notice that is incomplete.
- No mention of the Board.
For the Act's remedies once a case reaches court, see our guide on civil remedies for copyright infringement.
Need help with a customs notice?
A Form XVI notice depends on solid evidence, a security deposit and a court order inside fourteen days. Our legal notice drafting team can prepare the notice and line up the next step.
Key takeaways
- Section 53(1) notices go to the Commissioner of Customs in Form XVI, with the Second Schedule fee (Rs. 1,200 per work per place of entry as notified in 2013).
- The notifier deposits security fixed by the Commissioner, covering demurrage, storage and compensation to the importer.
- Clearance is suspended for fourteen days on arrival; the importer may ask for the notifier's name and address.
- Without a court order, the consignment is released after fourteen days.
- The text is as notified in 2013 with the 2016 amendment; check later amendments and fees.
Read next
- Rule 80: technological protection measures, records of circumvention
- Rule 75: complaint about transient or incidental storage of works
- Piracy of copyrighted content: legal remedies in India
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.