Customs appellate tribunal sets aside ONO Appeal filed by Swift Trade International

KARACHI: The Special Customs Appellate Tribunal set aside an Order in Original passed by Additional Collector of Customs (Adjudication) against Swift Trade International which imported empty perfume bottles along with plastic caps and  paper boxes inscribed  with well known trade marks as well as trade description  “Made in France” from China.

The consignment was seized by the International Property Rights (IPR), Directorate on ground that  infringing goods  falls under the false trade description within the meaning of Section 15 (c) of the Customs Act 1969 read with section 2( xviii) of the Trade Mark Ordinance 2001.

The adjudicating authority ordered confiscation of  HZ Paper box and HT Paper box weighing 2050 kilograms  while ordered release of the remaining consignment imposing personal penalty of rupees 50,000 upon the importer.

The Swift Trade International challenged the ONO before the Customs Appellate Tribunal. Mr Jahanzaib Wahla, Member Judicial III, Karachi after hearing Umer Farooq Advocate for the appellant and Custom officials while deciding the appeal held that ” The case making agency  has deliberately omitted  the word ” Fragrance ” to make out the case ” adding that IPR directorate ” ignored Sectiom 9 of the  Trade Descrip[tion Act 2011 and have not provided the  trade name, logo or brand infringed upon “. The custom appellate tribunal absolved the appellant from allegation of violating Section 15 (c) of Customs Act 1969.  The tribunal also ordered  issuance of delay and detention  certificate to the appellant.

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