on Monday granted 10 more days to the federal government for the appointment of chairman and members of Pakistan Telecommunication Authority (PTA) so the process for the auction of 3G cellular licences could be initiated.
On 2nd September the court had directed the government to appoint PTA chairman and its members within 10 days, so on the next date of hearing its chief might give the schedule for the auction of 3G cellular licence.A three-judge bench headed by Justice Iftikhar Tassaduq Hussain Jillani heard a petition seeking a direction for auction of 3G cellular licences within 60 days, utilisation of USF and appointment of chairman and members of boards in Pakistan Telecommunication Authority (PTA).
Onset of the hearing, the bench questioned why the PTA chairman and members have not been appointed. Deputy Attorney General Imran-ul-Haq informed that the government had constituted a commission for the purpose, but due to incomplete quorum, as two of its members were abroad, the appointment could not be made. He said now they have come back, and more time be granted for the PTA chairman’s appointment.Justice Jillani remarked that already much time has been wasted, and it should not be delayed further. The judge, however, questioned whether there was need of quorum in the Commission for the appointment of public interest institution. The deputy attorney general could not reply satisfactorily. The bench, therefore, directed to appoint the PTA chairman and members and submit its report in the court and adjourned the hearing for 10 days.
COURTS CONSCIOUS OF NEED FOR
ENFORCEMENT OF IPR LAWS: SC JUDGE
Every concerned institution has to play its role in the effective enforcement of the Intellectual Property Rights (IPR) laws but the most crucial role is that of the courts because the implementation of the rule of law is the primary function of the judiciary.Justice Tassaduq Hussain Jillani expressed these views in the inaugural ceremony of a one-week training course on ‘New Laws with Special Emphasis on Intellectual Property Rights Laws and Constitutional Jurisdiction of Courts’ for district and sessions judges/additional district and sessions judges from all over Pakistan, Azad Jammu and Kashmir and Gilgit-Baltistan here at the Federal Judicial Academy (FJA) on Monday, in which he was the chief guest.
Emphasising the role of judiciary in global Intellectual Property Rights Laws regime, has said, “The High Courts and the Supreme Court in Pakistan are conscious of the global trends and the need for an effective enforcement of such laws. They have deprecated any infringement of such laws.”The SC Judge also quoted some of the judgements of the superior courts such as PLD 1967 Karachi 168, PLD 1979 Karachi 83, PLD 1988 Lahore 69, PLD 1990 SC 1074, 1992 CLC 2382 (at page 2390), 1981 SCMR 1039 (at 1042) 2004 CLD 1131 (ACER rights), to enlighten and enrich their knowledge, wisdom and scholarship.
He said, “On account of rapid scientific advancement and social dynamics, more challenging issues are likely to be brought before the courts. Some of those issues could be relatable to biotechnology including human genome, nano-technology, e-commerce, use of genetic resources, plant breeders rights, the issues connected with cyber space i.e. internet selling, e-contracting and e-banking, etc. I am sanguine with your knowledge of law, integrity and dedication; you would be able to decide such cases in a manner which would inspire confidence.This in turn would not only bring good name to the institution but to the country at large.”
The Judge of the apex court concluded his address by quoting the thought-provoking remarks by a US Court of Appeals Seventh Circuit 1991, which read as, “The future of the nation depends in no small part on the efficiency of industry, and the efficiency of industry depends in no small part on the protection of intellectual property.”On the occasion, he also gave a topic titled, “The role of Intellectual Property Rights Laws in the Economic development of a country”, to the learned participants for their intellectual input and the first two position holders, as per practice, would be awarded a gift of book by the Chief Justice of Pakistan. – TheNation