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SHC issues notices on petition filed by M/s Aryoop Private Limited

SHC issues notices on petition filed by M/s Aryoop Private Limited

KARACHI: The Sindh High Court (SHC) issued notices to the customs officials and others on a petition filed by M/s Aryoop Private Limited against using its trademarks from other importer for exporting of rice.

On 20 February 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.

During the hearing, counsel for the petitioner submitted that petitioner is engaged in export of rice from Pakistan to various countries under well-known Pakistani trademarks such as “BALKH” “AAHU BAB” and “ALMAS” that by virtue of continuous export of high quality rice from Pakistan to the other countries, the plaintiff’s trademarks have acquired a distinct standing at home and overseas.

He further submitted that trying to capitalize on the good-will and reputation of the plaintiff’s trademarks abroad many rice dealers have tried to imitate the plaintiff’s trademarks and export them to the same countries where the plaintiff’s rice in exported, the M/s Bahoo Foods (SMC-Private) is one of them.

He said that in order to curb the export of the plaintiff’s counterfeit trademarks rice from Pakistan, the plaintiff filed a written complaint to Collector of Customs (Exports) Port Qasim providing him concrete details of a consignment of rice entered for export though his collectorate to Canada, which bore the plaintiff’s trademark “BALKH” and Collector of Customs initiated action of the complaint, and assigned the matter to additional collector exports for initiating legal action on it, however, instead of referring the matter for determination of the IP Rights of the petitioner to Directorate of Intellectual Property Rights (South), he himself took to do so, followed by release of the counterfeit trademarks goods.

He pleaded the court may hold that the action of direct cognizance/ determination by the Collector officials without referring it to the Directorate of Intellectual Property Rights (South).