KARACHI: A division bench of the Sindh High Court (SHC) directed customs officials to file their comments on a constitutional petition filed by M/s Master Road Corporation against detention of its imported consignment.
On 15 December 2020, during the hearing, counsel for the petitioner stated that petitioner is a part of Pakistan renowned business house, commonly known as master group of Gujranwala which consists Master Poly Plastic Industries Limited, Master Sanitary Fittings Industries Limited, Master Tiles and Ceramic Industries Limited and Master Beverage and Foods Limited.
He further argued that word master was adopted and used in relation to passengers and cargo transport services as a trade namely Road Master whereas incorporated a company with the name of Master Road Corporation on March 2017, the trade mark and trade name Roadmaster has thus acquired an excellent reputation and goodwill in Pakistan, on account of extensive use, intense publicity promotion in the print and electronic media used as a service mark for passengers and cargo transport services in class-39 of the international classification of goods protected under trade mark ordinance.
Counsel submitted that respondent namely M/s Master Motors Corporation filed a request dated March 28, 2019 before enforcement the director, directorate of IPR Enforcement South for enforcement action against infringement/ counterfeit master buses in accordance with section 680 of the customs rules 2001, SRO 170 (I) 2017.
He further submits that Director of directorate of intellectual property rights (IPR) in violation of statutory rules fail to proceed with the alleged matter/ compliant and the petitioner being harassed for the reasons other than these contemplated by law, legal procedure prescribed under the statutory rules and law were deliberately flouted with impunity by taking illegal coercive action against the petitioner who is deprived off their inalienable right to trade of business by virtue of illegal detention of petitioner’s property against which the relevant duty and taxes were accordingly paid.
Citing chairman FBR, the collector of Customs Appraisement East, West, Director Directorate of Intellectual Property Rights (IPR) and Master Motors Corporation Pvt Ltd as respondents, petitioner pleaded the court may declare and direct the Director Directorate of Intellectual Property Rights to submit the report or proceedings conducted in compliance with SRO 170(I) 2017 and decision or order passed, before this court.
