Thursday, January 7, 2010

Restraint Of Use Of Government Arms And State Emblems- Intellectual Property Law

1. Section 103 of Trade Marks Ordinance, 2001 (hereinafter referred to as the ‘Ordinance’) deals with ‘Restraint of use of Government Arms and State emblems’,titles etc the relevant part of which reads as under:

Section 103: ‘Restraint of use of Government Arms and State emblems’—if a person, without due authority, uses in connection with any trade, business, calling or profession:



a) …………
b) …………

c) name, title and semblance of Quiad-i-Azam Muhamamd Ali Jinnah or Allama Dr. Muhamamd Iqbal or any variation thereof, or any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, or is connected with, the Federal Government or any Provincial Government or any department or any such Government; or

d) ……………………………………

he may, at the suit of the Registrar or of any person who is authorized to sue such Arms, device, emblem or title, be restrained by injunction from continuing so to use the same:

…….emphasis added.

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