Law: Customs Act, 1969

Section: 3CC,3D,3E,4,15,219

Law: Pakistan Penal Code, 1860

Section: 420,478,486

Law: Customs Rules, 2001

Section: R.680,682

Customs Act (IV of 1969)--Ss. 3D, 4, 15 & 219 - Customs Rules, 2001, Rr. 680 & 682 - Intellectual Property Rights ("IPR") - of IPR violating goods - Directorate General of IPR Enforcement - Powers of seizure of goods - Enforcement actions for IPR, initiation of - Application by right-holder for enforcement action - Mandatory nature of requirements prescribed by R. 680 of the Customs Rules, 2001 - Scope- Rules 680 & 682 of Customs Rules, 2001 provided for two distinct situations for enforcement of Intellectual Property Rights ("IPR") and per R. 680 of the Customs Rules, 2001; a right-holder could approach as an applicant, the Directorate General of IPR Enforcement alleging infringement of intellectual property in import of goods, and such application had to be made after fulfilling various requirements including a Bank guarantee, etc. - Rule 682 of Customs Rules, 2001 however, empowered concerned Collectorate to approach the Directorate General of IPR Enforcement for taking cognizance of alleged infringement -r Department could not first illegally detain goods and then complete the formalities and fulfilling the procedure set out in Rr. 680 & 682 of the Customs Rules, 2001 Mandatory procedure provided for in said Rules for must be followed and if not, then an entire enforcement action was be deemed without lawful authority - Legislature in order to protect rights of importer had provided Certain requirements which had to be fulfilled first before an action was taken, and Directorate General of IPR Enforcement was mandated to act in a certain manner -- Directorate General of IPR Enforcement did not have any independent jurisdiction of its own under R. 680 of the Customs Rules, 2001 to initiate any enforcement proceedings and could only act and proceed if an applicant / complainant had approached it with proper and complete application fulfilling requirements as prescribed under R. 680 of Customs Rules, 2001. Khyber Tractors (Pvt) Ltd. through Manager v. Pakistan through Ministry of Finance, Revenue and Economic Affairs, Islamabad PLD 2005 SG 842; Government of the Punjab, Food Department through Secretary Food and another; v. Messrs United Sugar Mills Ltd. and…

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