Trademark violation
ISLAMABAD
Intellectual Property Tribunal KPK/ Islamabad Thursday issued a stay order against KBR Pharmaceuticals Haripur and restrained the company from infringing the trademark rights of Getz Pharma (Pvt) Ltd Karachi product ‘Risek’.
Invoking jurisdiction of Intellectual Property Tribunal, Islamabad, on Thursday, one of the largest branded generic pharmaceutical companies in Pakistan sought stay order and compensatory damages of Rs100 million against defendant company over copyrights and trademark violation of its product Risek tablet that cure certain stomach problems including gastric ulcer indigestion.
Advocate High Court Umer Gilani filed the lawsuit on behalf of Getz Pharma (Pvt) Ltd Karachi making the Chief Executive Officer of the KBR Pharmaceuticals Haripur as defendant in the matter.
Appearing before Presiding Officer of the IP Tribunal Islamabad, Gilani informed the tribunal that plaintiff is a research-based generic pharmaceutical company in Pakistan which is dealing with local and international operations.
He further argued that the plaintiff company is the only entity in Pakistan whose manufacturing facility is pre-qualified and approved by the World Health Organization (WHO) and Pharmaceutical Inspection Cooperation Scheme (PIC/S) member country.
The plaintiff company is also the largest contributor to the Central Research Fund, WPPF, WWF and Corporate Social Responsibility (CSR) as every product of the company is being exported and sold in 22 countries including Pakistan. Gilani submitted the company is also making significant contributions to the national exchequer.
The plaintiff claimed that the company enjoys absolute and exclusive rights over the trademark RISEK and copyright over the distinctive artistic work, label design and colour scheme in which this product is packaged. The Plaintiff has a valid and binding Trademark License Agreement dated 14.08.2015 with Getz Pharma International.
Advocate Umer Gilani said that the defendant is a pharmaceutical business by the name of ‘KBR Pharmaceuticals’ adding as per the plaintiff’s knowledge, the KBR is not incorporated under the laws of Pakistan (as per the website of the Securities and Exchange Commission of Pakistan).
The plaintiff alleged that the defendant company is involved in using the unique trademark, packet design, artistic work, and colour scheme of the plaintiff’s product ‘RISEK’ to manufacture, market and sell its similar product ‘RENZK’, in 20mg and 40mg strengths.
Seeking a stay order against the defendant company, the plaintiff urged the IP Tribunal to issue restraining orders against the defendant, its partners, employees, agents, representatives and/or distributors permanently from directly or indirectly copying or imitating the plaintiff’s product namely RISEK. The plaintiff company also urged the Tribunal to issue a restraining order against the defendant from infringing upon the plaintiff’s exclusive IPRs in relation to RISEK while manufacturing, packaging, marketing and/or selling its product namely RENZK and for any other purpose and in any manner whatsoever.
The IP Tribunal has also been urged to issue directives to surrender and destroy all packaging, marketing and other materials which include a copy or imitation of the plaintiff’s product namely RISEK.
The plaintiff said in the prayer, “Award compensatory damages to the plaintiff amounting to Rs. 100,000,000/- (One hundred million rupees) to be paid by the defendant for causing loss of sales, profits, goodwill and reputation due to copying and imitation of the plaintiff’s product namely RISEK or at least nominal/punitive damages amounting to a minimum of Rs. 50,000,000/- (Fifty million rupees).
Later, granting a stay order in the matter, the tribunal issued notice to defendants for May 12,2022.
