| Case ID |
3a8e82e9-911c-497d-8fe5-7265c2f3c543 |
| Body |
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| Case Number |
Constitutional Petition No. 453 of 1977 |
| Decision Date |
Dec 06, 1978 |
| Hearing Date |
|
| Decision |
The court allowed the petition, declaring that the respondent No. 1's act of proceeding with the sealing of the patent without providing an opportunity to the petitioner to be heard in opposition was without lawful authority and of no legal effect. The case was remanded to the respondent No. 1 to proceed with the hearing of the notice of opposition and to decide in accordance with the law. The court emphasized the importance of natural justice and the right to be heard, especially in cases where significant rights are at stake, such as patent rights. The court found that the petitioner had substantially complied with the necessary requirements for filing opposition and that the confusion regarding the fee should have been considered by the respondent. There was no order as to costs, reflecting the court's intention to allow the petitioner a fair opportunity to present their case. |
| Summary |
This case revolves around a constitutional petition filed by Messrs Allied International Corporation (Pakistan) Ltd. against the Controller of Patents and Designs regarding the sealing of Patent No. 125598. The petitioner alleged that the sealing was done without considering their notice of opposition, which was filed within the prescribed period albeit with some confusion regarding the fees. The court analyzed the relevant sections of the Patents and Designs Act, 1921, and the Patent and Design Rules, 1933, emphasizing the principles of natural justice and the right to be heard. The court found that the respondent's refusal to consider the opposition was unjustified and remanded the case for proper consideration of the petitioner's objections. This case highlights the importance of procedural compliance and the need for administrative bodies to ensure transparency and fairness in their processes, particularly in intellectual property matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs Allied International Corporation (Pakistan) Ltd.,
The Controller Of Patents And Designs, Government Of Pakistan
|
| Judges |
FAKHRUDDIN G. IBRAHIM,
AJMAL MIAN
|
| Lawyers |
Messrs Nazim G. Jiwa,
Habibur Rehman,
Munawar Ghani
|
| Petitioners |
Messrs Allied International Corporation (Pakistan) Ltd.
|
| Respondents |
Another,
The Controller Of Patents And Designs, Government Of Pakistan
|
| Citations |
1980 SLD 1679,
1980 CLC 641
|
| Other Citations |
Not available
|
| Laws Involved |
Patents and Designs Act, 1921,
Patent and Design Rules, 1933
|
| Sections |
9,
10,
12,
57,
3,
21
|