KARACHI: M/s Blue Sea Trading Company through their counsel Franklin Law Associates has approached Directorate of IPR Enforcement-South seeking compensation against demurrage, detention and warehousing charges incurred due to delay in clearance of their imported compensation, which was put on hold on the complaint of M/s Unilever Pakistan.
M/s Franklin Law Associates submitted consignments of miscellaneous goods were imported by M/s Blue Sea. Subsequently, the instant consignment was selected for examination for confirmation of description quantity and other physical description of the goods and the examination were confirmed that the goods were as per declaration made.
At the time of appraisement, importer was verbally informed that after a complaint filed by M/s Unilever Pakistan the clearance Collectorate put a hold on the consignment. The so-called hold on to the consignment was not justifiable and was not in compliance with SRO No 170(1)/2017.
Moreover, the complainant M/s Unilever Pakistan failed to established their Intellectual Property rights and are liable to reimburse for the delay and damages incurred by the importer.
The counsel mentioned it was the responsibility of Directorate of IPR Enforcement to ensure that all pre-requisite legal formalities and procedures are duly followed before entertaining any application from the complainant to avoid any prejudice caused to the responding party.
In this case the pre-requisite was not followed by M/s Unilever Pakistan and now it is the responsibility of the directorate to recover the charges incurred on account of demurrage, detention, warehousing etc paid by M/s Blue sea Trading amounting to Rs.0807 million.
Directorate is requested to instruct M/s Unilever Pakistan for arrangement of all the above stated expenses that was incurred by the importer on immediate basis.