SHC issue notices in Herbal Products case

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Mrs Ashraf Jahan on Tuesday ordered issuance of notices to the respondents including Pakistan Customs and Drug Regulatory Authority of Pakistan (DRAP) for Jan 25.

The bench was hearing a petition filed by Red Rose Private Limited which imported herbal products but were detained at the port. The custom authorities demanded a No Objection Certificate (NOC) issued by DRAP.

The counsel for importer submitted that the products imported do not fall under drugs and hence no NOC is required to be taken from the DRAP. The petitioner also challenged the notification by DRAP which makes NOC mandatory for import of any type of drug.

Meanwhile Justice Mohammad Ali Mazhar hearing a suit filed under trade mark laws fixed Feb 07 for a final hearing.

The single judge earlier heard Ghulam Hyder Shaikh advocate appearing for importer/defendant Ahmed Brothers. The counsel submitted that his client was marketing shoe polish under brand name “Cherry Blesssings after Rekitt & Colman closed down in 1994 in USA which was the owner of Cherry Blossm”. The plaintiff was not the owner of the brand name as my client was marketing the said shoe polish since 2011, he submitted seeking dismissal of the suit.

The counsel for Pakistan Customs, Intellectual Property wing opposed the plea and said SHC is not the proper forum to hear the case as Customs department has already taken cognizance of the issue and therefore same issue could not be raised before the two different forums.

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