KARACHI: The Sindh High Court (SHC) directed customs department not to take any coercive action against Muhammad Fayyaz, proprietor of M/s W.S. Brothers against seizing of its consignment of certain electronic products/goods including parts/spare parts of Samsung products on the ground that the goods carrying the Samsung mark/brand are not original Samsung goods products but are counterfeits and thus are liable to be forfeited/seized as enforcement of intellectual property rights.
On April 26, 2019, a two-member bench, headed by Justice Aqil Ahmed Abbasi also issued pre-admission notices to the customs department and directed them to file their comprehensive para wise comments on next date of hearing.
During the hearing, counsel for the petitioner stated in his petition that petitioner has imported certain electronic products/goods including parts/spare parts of Samsung products and sought clearance of the same through respondents by submitting three goods declarations.
He further argued that however, he was shocked when it was informed that the imported goods were detained by the respondents on the complaint of Samsung EC Pakistan Pvt Ltd on the ground that the goods carrying the Samsung mark/ brand are not original Samsung goods products but are counterfeits and thus are liable to be forfeited/ seized as enforcement of intellectual property rights.
He further argued that joint inspection carried by customs department and Director IPR Enforcement South passed ordering and directed that goods bearing Samsung logo and trade mark, be forfeited in favor of federal government under Rule 860 (4).
Citing chairman Federal Board of Revenue, Member Customs Federal Board of Revenue, Collector of Customs Port Muhammad Bin Qasim, Directorate General of IPR Enforcement, Director IPR Enforcement South and Samsung EC Pakistan as respondents, petitioner pleaded the court to declare that act of the respondent is illegal, mala fide and respondents be directed not to dispose of or destroy the goods of the petitioner in any manner till final disposal of this petition.
Counsel further pleaded the court to grant any other relief that this court deems fit and appropriate in the facts and circumstances of the case.
