98. Meaning of
applying a trade description.-(1) A person shall be deemed to apply a trade
description to goods or services who-
(a) applies a trade description to the goods themselves or uses
it in relation to goods or services;
(b) applies a trade description to any package in or with which
the goods are sold, or exposed for sale, or had in possession for sale or for
any purpose of trade or manufacture;
(c) places, encloses or annexes any goods which are sold or
exposed for sale, or had in possession for sale or for any purpose of trade or
manufacture in or with any package or other thing to which a trade description
has been applied;
(d) uses a trade description in any manner reasonably likely to
lead to the belief that the goods or services in connection with which it is
used are designated or described by that trade description; or
(e) in relation to the goods or services uses a trade description
in any sign, advertisement, invoice, catalogue, business letter, price list or
other commercial documents, and goods are delivered or services are rendered to
a person in pursuance of a request or order made by reference to the trade
description as so used.
(2)
A trade description shall be deemed to be applied to goods whether it is woven
in, impressed on, otherwise worked into, or annexed or affixed to, the goods or
to any packaging or other thing.
99. Penalty
for applying false trade description, etc.- Any person who-
(a)
applies any false trade description to goods or services;
(b)
applies to any goods to which an indication of the country
or place in which they were made or produced or the name and address of
manufacturer or person for whom the goods are manufactured is required to be
applied under section 126, a false indication of such country, place, name or
address;
(c)
tampers with, alters or effaces an indication of origin
which has been applied to any goods to which it is required to be applied under
section 126; or
(d)
causes any of the aforementioned things to be done,
shall,
unless he proves that he acted without intent to defraud, be punished with
imprisonment of either description for a term which shall not be less than
three months but which may extend to two years, or with fine which shall not be
less than fifty thousand rupees, or with both.
100. Enhanced
penalty on second or subsequent convictions.-Whoever having already
been convicted of an offence under section 99 is again convicted of any such
offence shall be punished for the second and every subsequent offence with
imprisonment of either description for a term which shall not be less than six
months but which may extend to three years, or with fine which shall not be
less than one hundred thousand rupees, or with both.
101. Penalty
for falsification of entries in Register.-Any person who makes, or
causes to be made, a false entry in the Register, or a writing falsely
purporting to be a copy of an entry in the Register, or produces or tenders, or
causes to be produced or tendered, in evidence any such writing, knowing the
entry or writing to be false, he shall be punishable with imprisonment for a
term which shall not be less than three months but which may extend to two
years, or with fine which shall not be less than fifty thousand rupees, or with
both.
102. Penalty
for falsely representing a trade mark as registered.- (1) No
person shall make any representation‑
(a) with respect to a mark not being a registered trade mark, to
the effect that it is a registered trade mark;
(b) with respect to a part of a registered trade mark not being a
part separately registered as a trade mark, to the effect that it is separately
registered as a trade mark;
(c) to the effect that a registered trade mark is registered in
respect of any goods or services in respect of which it is not, in fact,
registered; or
(d) to the effect that the registration of a trade mark gives an
exclusive right to the use thereof in any circumstances in which, having regard
to limitations entered on the Register, the registration does not, in fact,
give that right.
(2)
If any person contravenes any of the provisions of sub‑section (1), he
shall be punishable with imprisonment for a term which shall not be less than
one month but which may extend to six months, or with fine which shall not be
less then twenty thousand rupees, or with both.
(3)
For the purposes of this section, the use in Pakistan in relation to a trade
mark of the word "registered", or of any other expression referring
whether expressly or impliedly to registration, shall be deemed to import a
reference to registration in the Register, except‑
(a)
where that word or other expression is used in direct
association with other words delineated in characters at least as large as
those in which that word or other expression is delineated and indicating that
the reference is to registration as a trade mark under the laws of a country
other than Pakistan, being a country under the laws of which the registration
referred to is, in fact, in force;
(b) where that other expression is of itself such as to indicate
that the reference is to such registration as is mentioned in clause (a); or
(c) where that word is used in relation to a mark registered as a
trade mark under the laws of a country other than Pakistan and in relation
solely to goods or services to be exported to that country.
(4)
The Registrar may, either suo moto or
upon a complaint in writing made to him, call upon any person who is allegedly
contravening any of the provisions of
clauses (a) to (d) of sub-section (1) to show cause as to why action
should not be taken against him:
Provided
that power of the Registrar shall be limited to the imposition of fine as
provided under sub-section (2) or, if pending, to refusal of application for
registration of the trade mark, or if the trade mark is registered, to
invalidation of the registration, or any combination thereof, as the case may
be.
103. Restraint
of use of Government Arms and State emblems.- If a person, without
due authority, uses in connection with any trade, business, calling or
profession‑
(a) the flag
of Pakistan in such manner as to be misleading;
(b) Government Arms or arms so closely resembling the same as to
be calculated to deceive, in such manner as to be calculated to lead to the
belief that he is duly authorised so to use the Government Arms;
(c) name, title and semblance of Quaid‑i‑Azam
Mohammad Ali Jinnah or Allama Dr. Mohammad Iqbal or any variations thereof, or
any device, emblem or title in such manner as to be calculated to lead to the
belief that he is employed by, or supplies goods to, or is connected with, the
Federal Government or any Provincial Government or any department of any such
Government; or
(d) the emblem, the official seal and the name or any
abbreviation of the name of the United Nations or any subsidiary body set up by
the United Nations or of the World Health Organization or of the World
Intellectual Property Organization or of the World Trade Organization in such
manner as is to be calculated to lead to the belief that he is duly authorized
by the competent authorities of these organizations to use the emblem, seal or
name,
he
may, at the suit of the Registrar or of any person who is authorized to use
such Arms, device, emblem or title, be restrained by injunction from continuing
so to use the same:
Provided
that noting in this section shall be construed as affecting the right, if any,
of the proprietor of a trade mark containing such Arms, device, emblem or title
to continue to use such trade mark.
104. Offences by companies.- (1) If the person committing an offence under this Ordinance is a
company, the company as well as every person in charge of, and responsible to,
the company for the conduct of its business at the time of the commission of
the offence shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or that the commission of the
offence is attributable to any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Explanation. - For the purposes of this
section-
(a) "company" means any body corporate and includes a
partnership, firm or other association of individuals; and
(b) "director" in relation to a firm, means a partner
in the firm.
105. Powers to award compensation for offenses.- (1) In
any prosecution under this Ordinance, the competent Court may, when passing a
sentence of fine, direct that an amount not exceeding fifty per cent of the
fine imposed by it but commensurate with the loss suffered by the party shall
be paid as compensation to the person whose right has been infringed or to the
heirs or legal representatives of such person.
(2)
The payment of any compensation to any person under sub-section (1), shall be
without prejudice to his right to any claim in a suit or other proceedings
which may be instituted, or may be pending in a Court, in relation to the same
matter.
106. Punishment of
abetment in Pakistan of acts done out of Pakistan.- If any
person, being within Pakistan, abets the commission, without Pakistan of any
act which, if committed in Pakistan, would, under this Ordinance, be an
offence, he may be tried for such abetment in any place in Pakistan in which he
may be found and be punished therefor with the punishment to which he would be
liable if he had himself committed in that place the act which he abetted.
107. Penalty for improperly describing a place of business as connected with the
Trade Marks Registry.- If any person uses his place of business, or on
any document issued by him, or otherwise, words which would reasonably lead to
the belief that his place of business is, or is officially connected with, the
Trade Marks Registry, he shall be guilty of an offence punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both.