Law: Intellectual Property Organization of Pakistan Act, 2012

Section: 18,17,16

Law: Trade Marks Ordinance, 2001

Section: 24,40,46,69,117

Intellectual Property Organization of Pakistan Act (XXII of 2012)--- ----Ss. 18, 17 16---Trade Marks Ordinance (XIX of 2001) Ss. 24, 40, 46, 69 117---Jurisdiction of Intellectual Property Tribunal---Infringement of intellectual property laws---Co-ownership of trademark---Infringement of trade mark and action for infringement---Assigning a trademark---Question before High Court was whether a dispute qua infringement of trademark between co-owners of such trademark, who were partners of a partnership firm, could be made before Intellectual Property Tribunal in terms of jurisdiction conferred on same under S. 18 of Intellectual Property Organization of Pakistan Act, 2012---Held, that record revealed that suit was filed upon signing of a franchise agreement between the co-owner and another person regarding the trademark, and stage of use of trademark had not been reached---No physical infringement existed as such, which fell within meaning of S. 40 read with S. 46 of Trade Marks Ordinance 2001---No express provision existed in Trade Marks Ordinance, 2001 which prohibited a co-owner of a trademark to enter into agreement qua the subject trademark with anyone else and nothing existed in said law, which empowered a co-owner of a trademark to file suit against the other co-owner subject to infringement---Any violation of S. 24(5) read with S. 69 of Trade Marks Ordinance, 2001 fell within jurisdiction of District Court and not the Intellectual Property Tribunal---Suit was therefore not maintainable before Intellectual Property Tribunal---Appeal was dismissed, in circumstances. JUDGMENT GHULAM AZAM QAMBRANI, J.--- This First Appeal against Order has been filed against judgment dated 11.03.2020 passed by the learned Intellectual Property Tribunal, Islamabad, whereby the plaint was ordered to be returned to the plaintiff/appellant in terms of Order VII, Rule 10, C.P.C., for want of jurisdiction. 2. Brief facts necessary for adjudication of this appeal are that the appellant filed a suit for perpetual injunction against infringement of registered trade mark against the defendants contending therein that the plaintiff and defendant No.1 entered into a partnership agreement…

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