Law:

Section:

  Patents and Designs-Suit on basis of infringement of design-Temporary injunction pending suit-Fact of recent regis tration or doubts about its validity not enough to refuse prayer Stare decisis - Common law rule that defence of invali dity of registration can be raised without applying for cancellation or rectification-Inapplicable to suits filed in Pakistan-Case-law fully discussed-Patents and Designs Act (II of 1911), Ss. 47 (1), 53 & 51-A.   Bourjois Ltd. v. British Home Stores Ltd. (1951) 68 R P C 280 ; Grafton v. Watson 51 L T 141 ; Smith v. Grigg Ltd. (1924) 1 K B 655 ; Marshall and the Lace Web Spring Co. Ltd. v. The Crown Beeding Co. Ltd. (1929) 46 R P C 267 ; British Insulated and Helsby Cables Ltd. v. London Electric Wire Company and Smiths Ltd. 30 R P C 620 ; Werners Motors Ltd. v. Gamage Ltd. 21 R P C 621 ; Doble v. Spaendonk 27 R P C 440 ; Bahal Rai v. Sumer Chand (1903) I L R 25 All 493 ; Ram Sahai v. Angnoo A I R 1922 All. 496 ; Muhammad Abdul Karim v. Muhammad Yasin A I R 1934 All 798 ; Qadar Bakhsh v. Ghulam Muhammad A I R 1934 Lah. 709 ; Dwarkadas v. Chhotalal A I R 1941 Bom. 188 and Halsbury's "Laws of England" (II Ed.) Vol. 32 pp. 696-697 footnote (r) ref.   Karachi Textile Works v. Multan Handloom Factory P L D 1955 Kar. 351 dissented from.   Stare decisis-Doctrine has limited application in Pakistan.   Crawford: "Statutory Construction," p. 285 ref. JUDGMENT   This is an appeal against the order of the District Judge, Lahore, dated the 13th of July 1961, by which he issued a temporary injunction restraining the defendant, its servants, agents and employees from using on textile goods the design which was registered on the application of the plaintiff under section 43 of the Patents and Designs Act (II of 1911.) The learned Judge did not restrain the defendant (now appellant) from selling the goods that were in stock, but directed an inventory of the stock, to be pre pared and to maintain and submit accounts of sales of the stock. The defendant has come in appeal at Karachi because the suit has been transferred from Lahore to Hyderabad.   2. Samples of the registered and…