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2026 CLD 708 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2026 CLD 708 COMPETITION COMMISSION OF PAKISTAN
Year
2026
Reporter
CLD
Provisions referred to
S. 59---I; S. 39---C; Pakistan Act (XXII of 2012); Pakistan Act; Trade Marks Ordinance; Competition Act

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. 59---Intellectual Property Organization of Pakistan Act (XXII of 2012), S. 39---Competition Commission, jurisdiction of---Special and general law---Maxim lex specialis derogate legi generali---Applicability---In legal theory lex specialis derogate legi generali, means that where two laws govern the same factual situation, the law governing the specific subject-matter (lex specialis) overrides the law which governs general matters on the same subject (lex generalis)---There is no overlapping of jurisdiction between Intellectual Property Tribunal and Competition Commission of Pakistan in matters related to deceptive marketing, especially concerning the issue of trade dress (passing off) and there is no question of parallel jurisdiction---In Preamble of Intellectual Property Organization of Pakistan Act, 2012 it has been acknowledged that intellectual property rights are supported by other laws apart from Trade Marks Ordinance, 2001 and such necessarily includes Competition Act, 2010.

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