Law: Intellectual Property Organization of Pakistan Act, 2012

Section: 16, 17, 18

  Intellectual Property Organization of Pakistan Act, 2012 (XXII of 2012)------Ss. 16, 17 and 18--Transfer of trade mark cases from High Court to IPT--Issuance of note of single judge--Order for return of plaints--Scope of IP Laws--No judicial order--Judicial determination--Infringement of--Direction to--The respondents, raised a judicial challenge by way of an application for transfer of trademark-related suit from High Court to IP Tribunal--Any matter that would fall outside scope of “IP Laws” was deemed not covered by IPOP Act, 2012--Thus, suits that referred to “Passing Off” in prayer clause and other multiple reliefs, such as declaration, permanent injunction, rectification, rendition of accounts, damages, etc., were not to be transferred as per Justice Munib Akhtar’s Note/Opinion-- Justice Munib Akhtar’s Opinion was neither a judicial order nor a judgment--It was a simplicter office Opinion--Suits for infringement of a trade mark currently pending in High Court and filed prior to 29.12.2015 may be transferred to IP Tribunal subject to judicial determination as proposed by Justice Munib Akhtar in his Opinion (Category “A”), whereas trademarks suits filed after 29.12.2015, currently pending in High Court, plaint in such suits must be returned (Category “B”) based on judicial determination, too--The plaintiff was threatened by defendant, holder of IP right, on basis of an alleged infringement of latter’s right(s), which plaintiff denied--Nature of such groundless threats should not be considered to be “infringement of intellectual”--Order accordingly.COMMON JUDGMENT:JAWAD AKBAR SARWANA, JUSTICE:---.---These three (3) appeals arise out of impugned orders passed in two separate suits, namely, Suit No. 2578/2014 (Muhammad Ali Barry v. Kaybee Snacks and others) and Suit No. 2058/2019 (MECJC v. Azam Autos and another), instituted in the first instance jurisdiction (original side) of the High Court of Sindh at Karachi, and concern the judicial determination of two (2) trademark-related cases which were pending hearing in the High Court since the years 2014 and 2019, respectively, and were retained as per his lordship, Mr. Justice Munib Akhtar,…