Law:

Section:

Patents Ordinance (LXI of 2000)--Ss. 62, 61 & 60---Suit for permanent injunction and damages--Application for interim relief---Plaintiff had submitted that since defendant was still manufacturing and copying design of canopy registered in the name of plaintiff, great urgency was that defendant should be stopped from copying the same---Counter¬-affidavit of defendant did not deny manufacturing of the canopy in dispute, but he had stated that design of both canopies of plaintiff and defendant were different---Defendant had pointed out some differences, but apparently strong resemblance existed in both the canopies of the plaintiff and defendant and minor differences pointed out by the defendant, could not make much difference to remove the deception in respect of recognition as to whether both canopies were from one design or not---Registrar of design was also of the view that canopy of the plaintiff was a registered design, while the design applied for by the defendant was refused---When apparently resemblance existed in both the designs, application filed by the plaintiff was granted and defendants were restrained in terms of the prayer of application of plaintiff during pendency of suit. ORDER MUNIB AHMED KHAN, J.---Learned counsel submits that the application has been coming for hearing since 8-5-2007 but has been adjourned despite specific dates. He submits that since defendants are still manufacturing and copying design of canopy, registered in the name of, plaintiff, therefore, there is great urgency so the defendant may be stopped from copying the same. He further submits that toward inventing the design in question, the plaintiff has incurred lot of amount and put in considerable time and got the said design registered with the Registrar of Design. He has referred Certificates of Registrar at pages 23, 33, 45, 55 and 65. He has also pointed out photocopy of the plaintiffs design at page 105 as well as of the defendant's design at page 99 of the file and has submitted that from the naked eye it can be judged that both the design of canopy are in total resemblance. To support his contentions, he has pointed out letter of the Registrar of design dated…

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