The Competition Commission recently initiated proceedings against 18 electric cable manufacturers which had engaged in deceptive marketing practices under the Competition Act by failing to disclose to consumers that there were cash/cash coupons in the packaging of electric wire cable bundles. The commission's enquiry concluded that on account of this omission, purchasers of the product had been unaware of the coupons and this benefit had instead transferred to various electricians.
The Competition Commission recently examined whether Wateen Telecom Limited had resorted to a tie-in arrangement for analogue TV services provided to a housing scheme in Lahore, restricting consumer choice and abusing its dominant position in violation of the Competition Act. The commission found that the original enquiry report had erroneously defined the relevant market. Due to a lack of sufficient data and evidence, the show cause notice issued to Wateen was set aside.
The Competition Commission recently conducted an inquiry into alleged discriminatory practices that the Defence Officers Housing Authority Islamabad-Rawalpindi (DHA) had undertaken against Nayatel (Private) Limited in respect of the provision of cable internet and telephony services. The inquiry committee found that the DHA held a dominant position in the relevant market and had abused this position by effectively and constrictively refusing to deal with Nayatel.
The Competition Commission recently conducted an enquiry following a complaint filed by Pakistan Services Limited against a number of other hotel operators for fraudulently using the complainant's registered trademark for the branding of their hotels. The commission found that the respondents had resorted to deceptive marketing practices by adopting marks that were identical or deceptively similar to the complainant's registered marks.
Pursuant to a complaint filed by Ferozsons Laboratories Limited, the Competition Commission recently started an enquiry into Neucon Pakistan for deceptive marketing practices under the Competition Act. The respondent's behaviour was judged to have been capable of deceiving consumers, which could in turn damage the complainant's business interests. In the interest of the general public, it was recommended that proceedings be initiated against Neucon for deceptive marketing practices.
In order to integrate and upgrade Pakistan's IP infrastructure and improve its services, public awareness and IP enforcement, the Intellectual Property Office recently proposed draft amendments to the Patents Ordinance. The proposed amendments, which aim to align the ordinance with the Intellectual Property Organisation of Pakistan Act, standardise office practices and streamline procedures, have been published on the office's website for public comment but have yet to be finalised.
The Sindh High Court recently overturned a registrar of trademarks' decision following an appeal by Moonlite Trading and rejected MF Enterprises' application to register its infringing FASTER BLACK COBRA mark. The decision applied the concept of totality of impression and the average consumer test to ascertain whether the registration of the FASTER BLACK COBRA mark would infringe Moonlite Trading's COBRA mark.
Aldo Group International AG filed a suit for trademark infringement and passing off against Aldo Shoes to restrain it from using the name and trademark ALDO in Pakistan in relation to its shoe business. While the single bench of the High Court of Sindh refused to grant injunctive relief to Aldo Group International AG, the court's appellate bench recently allowed its appeal against Aldo Shoes.
The High Court of Sindh recently allowed an appeal filed by Novartis AG against Nabiqasim Industries (Private) Limited and restrained the latter from using the trademark DESCOL on account of its similarity with Novartis's prior registered trademark LESCOL. The court's appellate bench asserted that in the case of pharmaceutical products, the public must be protected from the possibility of confusion at all times.
The Patent Cooperation Treaty (PCT) provides the best option for obtaining an international patent. Pakistan plans to accede to the Madrid Protocol in 2019 and become a contracting member of the PCT in 2020. In this regard, the Intellectual Property Organisation of Pakistan is in the process of updating its IP laws, including the Patent Ordinance 2000, to incorporate the relevant PCT provisions.