PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

The DIRECTORATE OF INTELLECTUAL PROPERTY RIGHTS vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Government of Pakistan Ss — 2023 CLD 1259 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 CLD 1259 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
CLD
Parties
The DIRECTORATE OF INTELLECTUAL PROPERTY RIGHTS vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Government of Pakistan Ss
Subject matter
Service
Provisions referred to
S. 194---R

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

The DIRECTORATE OF INTELLECTUAL PROPERTY RIGHTS VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Government of Pakistan Ss. 16 & 18---Customs act (IV of 1969), S. 194---Release of imported goods--- Solange method---Doctrine of Comity---applicability---Dispute pertained to forfeiture and seizure of imported goods under Intellectual Property Organization of Pakistan act, 2012---On the contrary Customs appellate Tribunal directed the authorities to release the consignment---Validity---Solange method at its core is considered to be an example of judicial comity which is understood to be an inherent part of tasks and functions of a judge or arbitrator aiming to resolve disputes in conformity with principles of justice---Such principle is applied when such Courts and Tribunals are determining whether or not to exercise their jurisdiction in a specific case brought before them---Doctrine of comity, and application of Solange method dictated that trade mark infringement dispute was exclusively adjudicable within the jurisdictional competence of Intellectual Property Tribunal, whose verdict would prevail upon any order or proceedings adjudicated under competing jurisdiction of Customs Tribunal or any matter decided by the customs authorities within the ambit of Customs act, 1969, pertaining to intellectual property laws---High Court directed Customs authorities to disregard departmental original as well as appellate orders or even Customs appellate Tribunal's orders/judgment in presence of any contradictory order or judgment passed by Intellectual Property Tribunal, unless there were orders passed by any appellate forum or a Court made available to it which prevented performance of the acts mandated by any order or judgment of Intellectual Property Tribunal---Constitutional petition was allowed accordingly.

Other judgments reported in 2023 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English