| Case ID |
0aeb146a-900e-40d2-861c-9f4b8f0c8a92 |
| Body |
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| Case Number |
M.A. No 70 and C.M.A No. 9360 of 2018 |
| Decision Date |
Nov 25, 2019 |
| Hearing Date |
Nov 25, 2019 |
| Decision |
The appeal was disposed of, finding that the order passed by the Intellectual Property Tribunal was unjustified and void ab initio. The Court emphasized the necessity for a hearing before granting a mandatory injunction, particularly when it impacts legal rights. The status of the registered trademarks was not disputed, and the Court directed the tribunal to decide the pending application for injunction afresh after hearing all parties involved. |
| Summary |
This case revolves around the Intellectual Property Organization of Pakistan Act, 2012, focusing on Section 19 concerning mandatory injunctions. The Sindh High Court dealt with the appeal filed by Trend International against an ex-parte order that restrained them from marketing their products due to alleged similarities in packaging with those of Mustafa Rehman. The High Court highlighted the importance of providing an opportunity for hearing before such injunctions are granted, as per Article 10-A of the Constitution. The Court found the initial order unjustified due to lack of proper adjudication and directed the tribunal to reconsider the matter. The case underscores the balance between protecting intellectual property rights and ensuring fair legal processes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN PANHWAR, JUSTICE
|
| Lawyers |
Mr. Sultan Ahmed Shaikh,
Salman Ahmed Shaikh,
Mirza Mehmood Baig
|
| Petitioners |
TREND INTERNATIONAL THROUGH PROPRIETOR
|
| Respondents |
MUSTAFA REHMAN AND ANOTHER
|
| Citations |
2021 SLD 426,
2021 PLJ 56
|
| Other Citations |
1994 SCMR 2024
|
| Laws Involved |
Intellectual Property Organization of Pakistan Act, 2012
|
| Sections |
19
|