An appellant filed an appeal in the High Court challenging a district judge's decision dismissing an application for the grant of a temporary injunction against the respondent's use of a trademark. The appellant had registered a similar mark subject to a disclaimer regarding exclusivity. However, the court found that such a disclaimer limits the extent of the exclusive rights that a registration may provide a rights holder and dismissed the appeal.
IP enforcement agencies recently held a meeting at the Intellectual Property Organisation to discuss how to improve Pakistan's international IP image. At the meeting, certain proactive approaches were adopted, including improving coordination between different government organisations and providing timely IP reports to Pakistan's missions abroad. These measures will allow Pakistan to keep up to date with progress in the protection of IP rights and provide a basis for comparison with other international standards.
When deciding an appeal regarding infringement and passing off of the appellant's mark, the Sindh High Court applied the standard 'moron in a hurry', Lapp and classic trinity tests to determine the get-up and similarity of the marks in question. The high court decided in favour of the appellant and overruled the lower court's decision by disallowing registration of the defendant's competing mark.
A new chapter regarding IP rights enforcement has been added to the Customs Rules 2001. The new chapter provides a mechanism by which rights holders with valid grounds for suspicion that infringing goods are being imported into Pakistan can make an application (in the prescribed format) to the Directorate General of IP Rights when the goods arrive at the notified customs station.
Following consultation with stakeholders, the Intellectual Property Organisation of Pakistan recently published the Draft Geographical Indication Protection Bill 2016 on its website for discussion. As there are minimal provisions relating to geographical indication protection in existing IP legislation, there is a need for comprehensive legislation to provide improved protection and public awareness of geographical indication products in Pakistan.