The Competitive Commission of Pakistan (CCP) and Intellectual Property Organization (IPO) have Distinct Jurisdictions; and that the CCP's Mandate over Deceptive Marketing Practices is Separate from the IPO's Jurisdiction over Trademark Infringement --- Lahore High Court

Islamabad 29-06-2024: The Lahore High Court dismissed a constitutional petition, upholding the Competition Commission of Pakistan's (CCP) jurisdiction in a case involving allegations of deceptive marketing practices.

The petitioner, had challenged the notices issued by the CCP, arguing that the issue pertained to trademark infringement, which falls under the Intellectual Property Organization of Pakistan (IPO) Act, 2012, and not under the CCP's jurisdiction. The notices were issued following a complaint by PepsiCo, alleging that petitioner’s energy drink, 'Storm', was deceptively similar to PepsiCo's 'Sting'.

Mr. Justice Abid Hussain Chattha, presiding over the case, ruled that the CCP had complied with the mandatory prerequisites under Section 37 of the Competition Act, 2010. The Court noted that the CCP and IPO have distinct jurisdictions and that the CCP's mandate over deceptive marketing practices is separate from the IPO's jurisdiction over trademark infringement.

The judgment emphasized that the complaint was not frivolous and warranted an inquiry by the CCP. The Court dismissed the petition as premature, noting that the petitioner had the opportunity to present its case during the CCP's proceedings.

This ruling reaffirms the CCP's authority to address deceptive marketing practices, highlighting the distinct regulatory frameworks governing competition and intellectual property laws in Pakistan.

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