Trade Marks Act, 1940
Sections 14, 27(1)(b), 37(1), 46
Trade Mark Rules 1963
Rule 65
Code of Civil Procedure
Order XLVI rule 1
Supreme Court of Bangladesh (Appellate Division) Rules, 1988
Order XXVI
Paris Convention for the Protection of Industrial Property, 1883
Article 2(2), 6
Appellate Division has the Municipal legislation i.e. Trade Marks Act, 1940 and rules framed thereunder to regulate, register, protect and cancel etc. of the Trade Mark and as such the International Convention, to which though we are signatories but the provisions thereof which are available in the member Countries are inoperative in this Country for the reasons aforesaid and as such the provisions of Paris Convention on Intellectual property right are not applicable in this Country. In view of the above, this Division finds no substance in the submissions of the learned Counsel for the appellant that once a trade mark is registered in any member country of the Union of Paris Convention it is entitled to get its trade mark protected in any other member countries. Review under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court and the Court may of its own motion, or on the application of a party to a proceeding on the ground and similar to those mentioned in Order XLVI rule 1 of the Code of Civil Procedure could review its own order/decision.
Error apparent on the face of the record" cannot be said to be so where a lengthy argument is required as is argued by the petitioner. Therefore on the grounds urged for review of judgment by the appellant and the way it was argued before us it seems to us that we are asked to sit over our judgment by way of appeal in circuitous way addressing a lengthy and repeated submissions which already received Appellate Division’s due notice in the judgment sought to be reviewed. This appeal is, accordingly, dismissed without any order as to costs. .....M/s. Supermax International Pvt. =VS= Samah Razor Blades, (Civil), 2025(2) [19 LM (AD) 323] ....View Full Judgment