Summary the case, is establishing the float glass manufacturing

Summary Facts:

The Plaintiff of the case, Mr. Khawaja Tahir Jamal is
the owner of the Khwaja Flat Glass Industries (Private) Limited. He said that he and his company held
the patent of a novel process for producing and manufacturing sheet glass with the
help of the float glass technology. The Plaintiff had filed a suit against AR
Rehman Glass which was a rival company, on the basis, that they had an
intention to infringe or had already infringed their patent by setting up a
float glass unit. So, the Plaintiff had demanded an injunction that would
restrain the Defendant from infringing their patent by either producing,
selling or using the Plaintiff’s innovation as their own.

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This suit was contested by the Defendant and they
alleged that the Plaintiff had acquired the patent through fraud and
misrepresentation since, the float glass technology existed before the works of
the Plaintiff. Furthermore, the Defendant alleged that the Plaintiff’s patent
lacked novelty since, the Pakistani patent was the exact same as the UK patent.

Basic Question of
Law/ Issue:

The plaintiff of the case, Khawaja Jamal had claimed
that he was the patentee of a novel process for the manufacturing of sheet
glass through the technology of floating glass the plaintiff complained that AR
Rehman who was the defendant of the case, is establishing the float glass
manufacturing unit, which is infringing his patentee. The defendant said that
the plaintiff, Khawaja Jamal had obtained the patentee through fraud and misrepresentation
and this technology is not something new and not the invention of Khawaja Jamal.
The UK patent is exactly copied by Pakistan so the plaintiff has no right over the
patent. The issue was whether the plaintiff has any rights in the patent and
was the patent was correctly granted or Khawaja Jamal got the patent through
fraud or misrepresentation. 1

Decision of the
case:

It was held by the judge at High Court, Justice Hamid
Ali Shah that the patent was granted to the Plaintiff in a correct and legal
manner which gave him the exclusive rights to produce, use or sell his
invention throughout the whole country. If someone was to violate it then it
would give rise to an injunction. The Judge also held that everything that has
infringed the Plaintiff’s right should not only be fixed or redressed but,
those actions or infringements must also be defeated and restrained from happening
again. This temporary relief shall be granted according to the relevant statute
because, when a certain statute imposes a liability on someone or gives certain
rights, it also provides “special enforcement remedies” and these remedies must
be followed and enforced.

Since, the Plaintiff’s patent was granted in 1993, his
case was dealt with the Patents and Designs Act, 1911 which makes his patent
valid because, the patent was granted to him after he had fulfilled all the
requirements of the procedure and had provided all the necessary documents and,
his claim was also published in the Official Gazette to which no one objected
despite being open to public objections. The Plaintiff’s claim over the patent
was also guaranteed over the fact that there was no such evidence provided to
the court by the Defendant which showed that the floating glass technology was
available before the works or invention of Khawaja Jamal.

It was also held by the Judge, that since, Pakistan
has not signed any international conventions regarding patents so, the
Pakistani patent is only valid in Pakistan and so are the rights that are
granted to the patentee through that patent.

In light of the facts of the case, the court held by
confirming the previous decision in the case of Telephonic Soap v Lever Brothers
that the damages regarding Intellectual Property could not be measured in money
due to it being irreparable but, an interim injunction was granted which had
stopped the Defendant from making, selling or using Plaintiff’s intellectual
property as his own product.

Since, the Defendant was not satisfied with the
decision of the High Court so, they filed an intra-court appeal in the
Divisional Bench of the Lahore High Court. He argued that once the process of
production had been started, it cannot be stopped and it had cost him a lot of
money for this project so he cannot stop the production of the sheet glass. So,
the Judges at the Divisional Bench held that though A.R. Rehman can produce the
sheet glass and continue with its manufacturing, he cannot sell or market it
until the final decision of the case is announced.2

1 Khawaja Tahir Jamal v AR Rehman Glass (2005
CLD 1768). (n.d.). Retrieved from http://www.ipo.gov.pk/uploads/CMS/Khawaja%20Tahir%20Jamal%20v%20AR%20Rehman%20Glass.pdf

2   Khawaja Tahir Jamal v AR Rehman Glass (2005
CLD 1768). (n.d.). Retrieved from
http://www.ipo.gov.pk/uploads/CMS/Khawaja%20Tahir%20Jamal%20v%20AR%20Rehman%20Glass.pdf