KARACHI: The Sindh High Court (SHC) sought comments from customs department on a petition filed by Akbar Ali Mattoo, proprietor of M/s Trade Linkers seeking clearance of consignment of electronic products/ goods including parts/spare parts.
On May 09, 2019, a two-member bench, headed by Justice Aqil Ahmed Abbasi was hearing the matter.
During the hearing, counsel for the petitioner stated that petitioner imported certain electronic products/ goods including parts and spare TV’s thereof including parts/ spare parts of Samsung products and filed goods declaration.
He said that petitioner was shocked when it was informed that the imported goods were detained by the respondents on the complaint/ submissions 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 and joint inspection was 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 provision to 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 as illegal, mala fide and respondents be directed not to dispose of or destroy the goods of the petitioner in any manner pending disposal of this petition.
Counsel further pleaded the court may grant any other relief that this court deems fit and appropriate in the facts and circumstances of the case.