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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

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