KARACHI: Directorate of Intellectual Property Rights (IPP) submitted para wise comments before a two-member bench of the Sindh High Court (SHC) and requested the court for dismissal of a constitutional petition filed by M/s King Star Traders seeking release order for consignment comprising watches, batteries, charges, camera batteries, packs and other parts.
On 16 November 2021, during the hearing, Ifran Ali Shaikh advocate for petitioner, Muhammad Khalil Dogar and Waseem Akbar for customs officials appeared before the court.
The Directorate of Intellectual Property Rights submitted comments and informed the court that the petitioner is engaged in importing different branded counterfeit watches, batteries, charges, camera batteries and the importer is not an intellectual property right holder of the brand in question, and therefore, cannot import the same.
Counsel for Directorate of Intellectual Property Rights requested the court that it is respectfully that since the cause of action of the complaint, filed by the importer no longer exists, therefore, the complaint may be kindly be disposed of and the case may be kindly be dismissed.
After the hearing, the court directed other respondents to file their respective para wise comments for the next date of hearing.
Earlier, counsel for the petitioner argued that petitioner is engaged in the lawful business for import of watches, batteries, charges, camera batteries, packs and other parts and always fulfilled all the legal formalities according to law.
Counsel added that petitioner has imported a consignment of above mentioned goods and filed goods declaration according to law and requested customs official to release accordingly, however, customs official’s illegally hold the said consignment and claimed that petitioner is involved in allegedly mis-declaration.
Citing Secretary Finance, Director IPR, Directorate of Intellectual Property Rights, Collector of Customs Appraisement East, Deputy Collector of Customs Appraisement & Facilitation East and others as respondents, petitioner pleaded the court to declare that act of the respondents is illegal, mala fide and arbitrary.
He further pleaded the court to declare that enhancement of the above-mentioned goods is illegal and unlawful, direct them to release the same according to law and restrain them from taking any adverse action against the petitioner till final judgment in this petition.
