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GETZ PHARMA (PVT.) LTD. THROUGH AUTHORIZED OFFICER versus FAROOQ & SONS THROUGH PROPRIETOR AND ANOTHER

Section 46 Drug Act (XXXI of 1976), Sections 7 and 23 Civil Procedure Code (V 1908), OX XX, RR 1 and 2 suits, on trademark interim injunction violation, plaintiff's grant Has claimed the manufacture and sale of drugs from. The permission of the Controller of Drugs was revoked by the Controller of Drugs, which was ordered in the appeal, but no interim or final relief was granted, under such name given to the MIBS plaintiff. The trademark of the kind was not listed in the name of the plaintiff. The defendant is allowed to manufacture and sell the drug under such trade name, the registration is still intact, the defendant applied for registration of such trade name and the controller of the copyrights was the plaintiff Was advised to change the trade name of his drug, which was similar to the use of a trade name. Under Section 23 of the Drugs Act 1976 by the defendant, no drug can be imported, manufactured or sold in the absence of valid registration / authorization by any person. It has been sued under this section that there is no first case and facility balance in favor of the plaintiff balance under the proper balance / registration for the defendant in favor of the manufacturer of such trade name. Application for interim order was retained under circumstances online advocate from Tando Adam lawyer