SHAHEEN CHEMIST vs ZAHID MEHMOOD CHAUDHRY Ss — 2023 CLD 1 ISLAMABAD

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SHAHEEN CHEMIST VS ZAHID MEHMOOD CHAUDHRY Ss. 17, 18, 19 & 39---Trade Marks Ordinance (XIX of 2001), S. 117---Infringement of property rights---Forum of adjudication---Implied repeal, doctrine of---Applicability---Dispute was with regard to forum of trial whether it was Intellectual Property Tribunal or District Judge---Validity---Provision of S. 117 of Trade Marks Ordinance, 2001, could not coexist with Ss. 17 & 18 of Intellectual Property Organization of Pakistan Act, 2012---No matter what interpretation of S. 18(1) of Intellectual Property Organization of Pakistan Act, 2012, was adopted, doctrine of implied repeal would need to be applied given that at the time of promulgation of Intellectual Property Organization of Pakistan Act, 2012, as Trade Marks Ordinance, 2001 was not explicitly amended---Intellectual Property Organization of Pakistan Act, 2012, was a special law later in time to Trade Marks Ordinance, 2001---Provision of S. 39 of Intellectual Property Organization of Pakistan Act, 2012, was a non-obstante provision clearly providing that provisions of Intellectual Property Organization of Pakistan Act, 2012, would have effect notwithstanding anything inconsistent with them in any other law for the time being in force and such provisions would trump provisions of Trade Marks Ordinance, 2001 to the extent of any inconsistency---Provisions of Ss. 17 & 18 of Intellectual Property Organization of Pakistan Act, 2012, contradicted Ss. 117, 80 & 73 of Trade Marks Ordinance, 2001 to the extent that the latter provisions vested in District Court or a High Court jurisdiction to adjudicate proceedings seeking statutory remedies provided under Trade Marks Ordinance, 2001---No piecemeal adjudication of Intellectual Property claims in relation to same trademark as was obvious from provisions of Ss. 73 & 80 of Trade Marks Ordinance, 2001---Same intent was evident from S. 18 of Trade Marks Ordinance, 2001, which had provided that all claims in relation to Intellectual Property Laws, whether to prevent infringement of Intellectual Property Rights or to seek other statutory remedies provided under Intellectual Property Laws, such as that of seeking the revocation of a trademark or a declaration of invalidity of a trademark, fell within the exclusive domain of Tribunal---High Court set aside judgment and decree passed by District Judge as all suits and other civil proceedings seeking enforcement of statutory remedies provided under Intellectual Property Laws were to be instituted and decided by the Tribunal, which had exclusive jurisdiction to undertake such adjudication in view of Ss. 17 & 18 of Intellectual Property Organization of Pakistan Act, 2012, read together with S. 39 of Trade Marks Ordinance, 2001---Appeal was allowed accordingly. Citation Name: 2023 CLD 1 ISLAMABADBookmark this Case SHAHEEN CHEMIST VS ZAHID MEHMOOD CHAUDHRY Preamble---Object, purpose and scope---Purpose of Intellectual Property Organization of Pakistan Act, 2012, is to consolidate Intellectual Property Regime to create an Intellectual Property Organization for administration and enforcement of Intellectual Property Laws and the Tribunal for adjudication of all civil and criminal matters arising in relation to Intellectual Property Laws. Citation Name: 2023 CLD 1 ISLAMABADBookmark this Case SHAHEEN CHEMIST VS ZAHID MEHMOOD CHAUDHRY S. 18(1)--- "Infringement"--- applicability--- Use of word "infringement" in S. 18(1) of Intellectual Property Organization of Pakistan act, 2012, is in ordinary sense of the word---as the term is not defined in Intellectual Property Organization of Pakistan act, 2012, it is to be given its ordinary dictionary meaning to mean contravention, violation, transgression, breach etc.---Ordinary textual meaning accorded to S. 18(1) of Intellectual Property Organization of Pakistan act, 2012, leads to the conclusion that all actions for breach of provisions of Intellectual Property Laws, including suits and proceedings seeking remedies under provisions of Intellectual Property Laws are to be instituted and decided by the Tribunal alone.

SHAHEEN CHEMIST vs ZAHID MEHMOOD CHAUDHRY Ss — 2023 CLD 1 ISLAMABAD

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