MAHLE ENGINE COMPONENT JAPAN CORPORATION vs AZAM AUTOS Ss — 2025 CLD 1381 KARACHI-HIGH-COURT-SINDH

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MAHLE ENGINE COMPONENT JAPAN CORPORATION VS AZAM AUTOS Ss.16 & 39---Trade Marks Ordinance (XIX of 2001), Ss.2(li), 6, 67 (3), 68, 90, 116 & 117---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Intellectual Property and Trade Marks---Infringement of rights---Jurisdiction---Which forum to decide dispute pertaining to intellectual property and trade mark rights---Held: Provisions of Trade Marks Ordinance, 2001 are in addition to and not in derogation of any other law for the time being in force---Provisions of Intellectual Property Organization of Pakistan Act, 2012 have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force---Provisions of Intellectual Property Organization of Pakistan Act, 2012, trump provision of Trade Marks Ordinance, 2001---At the same time, Trade Marks (Amendment) Act, 2023 has also modified definition of "Tribunal" under S. 2(li) of Trade Marks Ordinance, 2001---In the amended definition of S. 2(li) of Trade Marks Ordinance, 2001 "Tribunal" means the Registrar, as the case may be, the High Court or Intellectual Property Tribunal before which proceedings concerned are pending---Consequence/significance of retaining reference to "the High Court" in S. 2(li) of Trade Marks Ordinance, 2001 even after creation of "Intellectual Property Tribunal" under Intellectual Property Organization of Pakistan Act, 2012 on Trade Marks Ordinance, 2001, and in particularly S. 116 of Trade Marks Ordinance, 2001 remains subject to a judicial determination as and when it is triggered---After Trade Marks (Amendment) Act, 2023: (i) suits for infringement of a trade mark under S. 117 of Trade Marks Ordinance, 2001 (the word "infringement" under the trademarks regime has a definite meaning), as well as (ii)those matters which fall within the framework of the phrase in S. 117 of Trade Marks Ordinance, 2001, described as suit(s) "otherwise relating to any right in a trade mark", which may relate to enforcement of such rights as those specified under S. 67(3) of Trade Marks Ordinance, 2001 [unfair competition], S. 68 of Trade Marks Ordinance, 2001 [misleading and comparative advertising], S. 90 of Trade Marks Ordinance, 2001 [acts of agent or representatives], etc. - all such matters - both (i) and (ii) above - from 16-08-2023 onwards were to be instituted / filed before Intellectual Property Tribunal---After removing the word "District Court" in S.117 of Trade Marks Ordinance, 2001 by way of Trade Marks (Amendment) Act, 2023, no suit for infringement and enforcement of all such rights was to be instituted in any Court except an Intellectual Property Tribunal---High Court directed to transfer file of the suit to Intellectual Property Tribunal---Intra Court Appeal was disposed of accordingly.

MAHLE ENGINE COMPONENT JAPAN CORPORATION vs AZAM AUTOS Ss — 2025 CLD 1381 KARACHI-HIGH-COURT-SINDH

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