NESTLE PAK LIMITED, LAHORE vs SHEHRYAR KURESHI S — 2024 CLD 502 LAHORE-HIGH-COURT-LAHORE

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NESTLE PAK LIMITED, LAHORE VS SHEHRYAR KURESHI S. 2(h) & Schedule Entry 2---Copyright Ordinance (XXXIV of 1962), S. 39---Civil Procedure Code (V of 1908), S. 9 [as amended by the Code of Civil Procedure (Punjab) (Amendment) Act (XIV of 2018)], O. VII, R. 10---Suit for recovery of damages---Intellectual property---Copyrights---Jurisdiction of Courts---Principle---Special and general laws---Suit filed by respondents/plaintiffs for recovery of damages was returned by Trial Court to be filed before competent forum---Lower Appellate Court on appeal filed by respondents/plaintiffs remanded the matter to Trial Court for decision afresh---Validity---Court which is specialized and exclusive on a particular subject would be more equipped and focused to deal with special subject which may involve interpretation of specialized legal terms and concepts, as compared to an ordinary Court of civil jurisdiction---Such stance also finds its support from the latest amendment regarding jurisdiction of Civil Courts in Civil Procedure Code, 1908 and as per Province of Punjab Amendment brought in S. 9, C.P.C. [as inserted by the Code of Civil Procedure (Punjab) (Amendment) Act (XIV of 2018), dated 20.3.2018]---jurisdiction of Courts provided in the C.P.C. is barred where a general or special law is in force---Respondents/plaintiffs could not insist to pursue their claim before Civil Court---Term "Intellectual Property Laws" was defined in S. 2(h) of Intellectual Property Organization of Pakistan Act, 2012, to mean laws specified in its Schedule--- Provision of Entry 2 of Schedule to Intellectual Property Organization of Pakistan Act, 2012, duly mentioned "Copyright Ordinance, 1962"--- Where Legislature created a Special Court that would deal with all matters relating to Intellectual Property Laws including matters relating to intellectual property rights along with matters concerned therewith or incidental thereto notwithstanding that suit involved other non-IP related matters---High Court set aside order passed by Lower Appellate Court and plaint of respondents/plaintiffs would stand returned for its presentation before concerned Intellectual Property Tribunal---Revision was allowed accordingly.

NESTLE PAK LIMITED, LAHORE vs SHEHRYAR KURESHI S — 2024 CLD 502 LAHORE-HIGH-COURT-LAHORE

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