Patent Infringement, and Novelty in Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 C.L.D. 1768)

Abstract

This research explores the legal and procedural aspects of patent protection in Pakistan in the context of landmark case Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 CLD 1768). The case primarily involves the Patents and Designs Act (II of 1911) and the Patents Ordinance (LXI of 2000), along with the Civil Procedure Code (V of 1908). The study highlights the judicial interpretation of the Patents and Designs Act, 1911, and the Patents Ordinance, 2000, emphasizing the territorial nature of patent rights and the strict grounds for opposition under Pakistan intellectual property (IP) laws. Court rulings, legal arguments, and evidentiary standards, indicate the Lahore High Court's validation of Khawaja Tahir Jamal's float glass technology patent established a precedent for novelty assessment, infringement remedies, and judicial balancing of patent rights against operational realities. The modified injunction by divisional bench allowed AR Rehman Glass continuing production but prohibiting marketing during litigation creating a unique compromise influencing Pakistani IP jurisprudence. The interpre-tation of "novelty” as domestic novelty under the Patents and Designs Act 1911 was due to being non-party to certain international patent treaties including TRIPS Agreement at the time of patent filing and grant.