2022 CLD 240 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2022 CLD 240 COMPETITION COMMISSION OF PAKISTAN
Year: 2022
Reporter: CLD
Subject matter: Criminal
Provisions referred to: S. 10---D; S. 10

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS S. 10---Deceptive marketing practices---Fraudulent use of another's trademark---Scope---Word "another's" has deliberately been used by legislature so that Commission may only proceed where the fact of ownership of trademark, firm name, product labelling and packaging is not in dispute---Under S. 10 of the Act, there is no room for the Commission to issue declaration as to the legal status of the owner of the trademark---Commission is not a declaratory forum nor a registration authority to be approached, when there is a dispute as to the ownership of the trademark---No provision existed in the Act that empowers the Commission to engage in pursuit of determining the right or legal status of the owner of an intellectual property---Prohibition or violation entailed in S. 10(2)(d) of the Act can in no way be construed to have the effect of creating or declaring the rights.

Other judgments reported in 2022 CLD

2022 CLD 1343 COMPETITION COMMISSION OF PAKISTANVS Definition from other statute can only be borrowed where both the statutes are pari materia.
2022 CLD 1460 ISLAMABADSAIF UR REHMAN KHAN VS SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP) Redundancy cannot be attributed to the legislature.
2022 CLD 1343 COMPETITION COMMISSION OF PAKISTANVS "Consumer"---Meaning.
2022 CLD 1343 COMPETITION COMMISSION OF PAKISTANVS Burden of proof is on the one who alleges mala fide on the part of complainant or the investigation agency.
2022 CLD 1068 COMPETITION COMMISSION OF PAKISTANPAKISTAN SUGAR MILLS ASSOCIATION (PSMA) AND MEMBER UNDERTAKINGS VS "Spill-over"---Meaning.
2022 CLD 859 COMPETITION COMMISSION OF PAKISTANKENNOL PETROLEUM (PVT.) LIMITED AND OTHERS VS S. 10---Deceptive marketing practices---Scope---Clause (d) of S. 10 of the Competition Act, 20…

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