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Thresholds as to Exhaustion of Trademark Rights in Pakistan

ABA Intellectual Property Law International Action Group Newsletter, Volume 1, Issue 6, February 2015

4 Pages Posted: 8 Mar 2015  

Faisal Daudpota

Advocate High Court

Date Written: 2015

Abstract

This article attempts to highlights the understanding of the Pakistani Superior Courts as to trademark rights exhaustion from the handful of cases that afforded an opportunity to scrutinize this issue.

Pakistan’s Customs Act, by virtue of its section 15(d) prohibits parallel imports in situations when the trademark or (trade) name, being used on the given goods, is owned by a manufacturer, trader or dealer in Pakistan (whose owners consent has not been secured), unless the: (i) given (trade) name or trademark is accompanied by a definite indication of the goods having been made or produced in a place outside Pakistan, and (ii) country in which that place is situated is, in that indication, shown in letters as large and conspicuous as any letter in the (trade) name or trademark, and in the same language and character as the (trade) name or trademark.

Keywords: International Intellectual Property Law; Trademark Law; Parallel Imports; Trademark Rights Exhaustion

Suggested Citation

Daudpota, Faisal, Thresholds as to Exhaustion of Trademark Rights in Pakistan (2015). ABA Intellectual Property Law International Action Group Newsletter, Volume 1, Issue 6, February 2015. Available at SSRN: https://ssrn.com/abstract=2574830

Faisal Daudpota (Contact Author)

Advocate High Court ( email )

Karachi
Pakistan

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