8/2021 J.M M/S. GETZ PHARMA (PVT.) LIMITED (Applicant) V/S NOVARTIS AG & ANOTHER (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
8/2021 J.M M/S. GETZ PHARMA (PVT.) LIMITED (Applicant) V/S NOVARTIS AG & ANOTHER (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 02-SEP-21
The Patents Ordinance, 2000. Section 27 of the Patents Ordinance, 2000, has two parts. One is relating to grant of Sealing Order about the main invention and the second part relates to Patent of Addition. There is no concept of automatic stay order, if a proceeding including that of Appeal is pending regarding the grant of patent in respect of the main invention. The Sealing Order under the Patents Ordinance, 2000, was issued after complying of fundamental requirements, coupled with the fact that there is a presumption under Article 129 Clause (e) of the Qanoon-e-Shahadat Order, 1984, that official acts are regularly performed, then, unless such official act is declared illegal in the main case, the basic ingredients for grant of injunction are not present in favour of Petitioner/Applicant. Injunction refused. Interpretation of statute: expressio unis est exclusio alterius and casus omissus explained.