Pursuant to a complaint of fraudulent use of a registered trademark, logo and packaging design, the Competition Commission initiated an inquiry into, and thereafter issued show cause notices to, two respondents for engaging in deceptive marketing practices under the Competition Act. Similarly, an inquiry was initiated against New Yorker Pizza for alleged deceptive marketing practices based on a complaint filed by The New York Pizza.
Many countries have adopted geographical indication (GI) laws to protect indigenous products, including handicrafts and agricultural, natural, horticultural and industrial products originating from a specific region. On 27 March 2020, after revisions and much deliberation, Parliament finally passed the Geographical Indications (Registration and Protection) Act 2020 in order to establish a system for the recognition, registration and protection of GI rights in Pakistan. This article sets out the act's salient features.
The Patents Ordinance 2000 is a consolidated amended law relating to the protection of inventions and patents in Pakistan. As a registered patent owner, a patentee can authorise or prevent third parties from using its patent or manufacturing a product or offering to sell a product or service that uses its patented invention, subject to certain limitations.
The Lahore High Court recently heard an appeal of the registrar of trademarks' decision to delete a mark on the grounds of non-use. The appellant had failed to provide sufficient evidence to prove its mark, whereas the respondent had filed extensive documentary evidence to show that it was a bona fide manufacturer and user of the relevant trademark.
The Intellectual Property Tribunal recently vacated an interim injunction granted in a case brought by Brands for Less LLC against another retailer concerning its use of the BRANDS 4 LESS mark. The tribunal found that Brands for Less had failed to make an adequate case for granting an interim injunction and stated that a well-known mark may be a good ground for registering IP rights in another territory, but not for injunctive relief, unless a balance of convenience can be established.
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.