Section 49: Meaning of “infringing goods, material or articles”

49. Meaning of “infringing goods, material or articles”.___(1) Subject to sub-section (2), goods shall be “infringing goods” in relation to a registered trade mark, if they or their packaging bear a mark identical or deceptively similar to that mark and___ (a) the application of the mark to the goods or their packaging was an infringement of the registered trade mark; (b) the goads are proposed to be imported into Pakistan and the application of the mark in Pakistan to them or their packaging would be an infringement of the registered trade mark; or (c) the mark has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark. (2) Nothing in sub-section (1) shall be construed as affecting the importation of goods which may be lawfully imported into Pakistan. (3) Material shall be “infringing material” in relation to a registered trade mark, if it bears a mark identical or deceptively similar to that mark and either it is___ (a) used for labeling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark; or (b) intended to be so used and such use would infringe the registered trade mark. (4) “Infringing articles” in relation to a registered trade mark, means such articles which__ (a) are specifically designed or adapted for making copies of a mark identical or similar to that mark; and (b) a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material.

Effective date: 2001-01-01

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