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.