Resolving the conflict of jursidiction between civil court and competition commission of Pakistan for the trademark infringement

Abstract

Enhancing performance with respect to trade mark sector and ensuring true protection of trade mark rights and prevention of its infringement. This will promote the economy of that Country and will bring foreign investment here. The proposed code will not resolve all matters with respect to trade mark but will enhance knowledge of the registered and un registered person. This will protect rights of public at large and will ensure true justice is served in its legal essence. It will prevent criminals or other people from misusing the flaw provided in law. Proper check and balance will be maintained for proper functioning of governmental and non-governmental bodies.

This proposed code will not only grant protection to registered trade mark users but will set up a proper forum to deal with problems with respect to trade mark infringement. This environment will create a good level of trust between consumers, owners of Trade Mark and public at large. This will establish a fair market system and ensure maximum level protection which will enable fair economic system. This will boost the economy of country by foreign and local investors who will register their Trade Mark in that country and globally as well. Proper forum with its relevant jurisdiction will be availed and would relevantly be trailed and they would be respectively be remedied. This will also prevent misuse of legal lacuna by any person which is repealed in previous ordinance and Acts respectively. The conflict of jurisdiction between the Competition Commission of Pakistan and the Civil Court (as empowered through the Trademark Ordinance, 2001) has raised several questions in case of dispute of the Trademark, which forum to be availed. In this case res judicata and res sub judice may be applied respectively depending on facts and circumstances of case. If conflict arises with respect to general law and special law in that case special law will be preferred. This is is done to fulfil the aims of that special law for which that law is made. In this intention of legislature must be seen by judges while interpreting law as it is attained or not.

General Law provisions cannot be applied on special law as it will create conflict with respect to that law. That why proposed ordinance clarifies the forums to be availed, how to keep check and balance between exercise of power of judiciary and other staff.