Khushnum Muncherji Advocate of the High Court of Sindh – 2003

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Qualified as an Advocate to practice upto the High Courts in Pakistan, Khushnum is a Senior Associate and joined Vellani & Vellani in 1998. Since joining the firm she has been involved in corporate and commercial matters, including project finance (syndicated loans, project finance, Islamic financing), infrastructure projects, establishing branches in Pakistan of foreign companies, banking and financing transactions and primarily now in intellectual property matters. During the initial years of joining she was involved in assisting senior counsel in litigation in specialised tribunals and the courts in Pakistan upto the High Court and also assisted senior counsel in matters pertaining to mergers and acquisitions, finance and taxation and foreign direct investment.

She is a member of various associations like the Pakistan Industrial & Intellectual Property Rights Association, the Karachi Bar Association, the International Trademarks Association (INTA) (based on firm’s membership), Asian Patent Attorneys Association (APAA) and the Inter Pacific Bar Association (IPBA). Being a member of the Asian Patent Attorneys Association (APAA), she was elected as the first woman President of the Pakistan Group of APAA from 2012-2014.



Education

  • Advocate of the High Courts – 2003
  • Advocate, Lower Courts – 2001
  • Bachelor of Laws, S.M Law College - University of Karachi - 2000

Recent Practice

Project Finance

  • Drafted, negotiated, reviewed and advised on project finance contracts which were based on the 1994 and 2002 Power Policies issued by the Private Power and Infrastructure Board, Government of Pakistan.
  • Typically have acted for the lenders in project finance contracts.  Sectoral clients include and have included Rousch Pakistan (Power) Limited, Liberty Power Tech Limited, Hubco (including the Laraib Power Project and the Narowal Power Project), Southern Electric Power Company Limited, Uch Power Limited, Uch-II Power Project.
  • Drafted, negotiated and reviewed oil supply agreements in connection with project finance.
  • Typically have acted for the lenders in restructuring of loans of Haleeb Foods Limited by way of Islamic Financing.
  • Drafted and reviewed various agreements and contracts and advised the lenders in the Thar Power Project Phase 1 under CPEC.

Corporate and commercial

  • Acted in and advised upon a broad range of legal and contractual matters, Islamic financing, infrastructure projects, establishing branches in Pakistan of foreign companies, finance agreements, stamp duty and consumer protection matters. Also involved in developing standards for the petroleum industry.
  • Registered branch offices and assisted in the formalities to close them down.  Advised on local compliance, including with the Securities and Exchange Commission of Pakistan and Board of Investment.

Intellectual Property Matters

  • Advised various international/local clients on Intellectual property covering trademarks, copyrights and domain names in relation to various IP issues covering infringements, passing off action, unfair competition, brand adoption, conflict and misleading advertisement, etc.
  • Trademarks oppositions, rectifications and cancellation proceedings, before the Trade Marks Registry. Prosecution of applications, handling show cause notices and advise/opinion on registration of trademarks, geographical indications, disclaimers on trademarks and their effect on the exclusivity of trademarks and other related issues.
  • Copyright registration application, prosecution and handling objections, filing oppositions and rectifications at the Copyright Office, Pakistan and advises on copyright infringement, possible recourse and other related issues.
    Trademark search covering availability and advising on registrability of the mark and covering other aspects of proposed marks.
  • Advised clients on IP litigation, sending cease and desist letters, preparing, filing and pursuing court actions for IP infringement, passing off and unfair competition.
  • Counterfeit products, advised on taking actions in matters of import and export of infringing trademark counterfeit products and outsourcing investigation of infringing companies and to check the presence of the counterfeit products in the local market and the way forward.
  • Domain names: Registration, renewal, maintenance and transfer of domain names with the local Registry Pakistan Network Information Center ("PKNIC") and others; Domain name conflict, infringements and resolution of domain name issues in Pakistan, enforcement of rights in the domain name either through civil actions or through administrative proceedings under the ICANN approved Uniform Dispute Resolution Policy.
  • Involved in protection and enforcement of IP rights of various international and local clients belonging to diverse business sectors such as pharmaceuticals, petroleum/oil, electricity, online shopping, food and beverages, tobacco, edible oils, banking and finance, computer technology, media and entertainment and not-for-profit organisations etc. To name a few, Unilever, Alibaba, Abbott Group of Companies, Agricultural and Processed Food Products Exports Development Authority, Disney Enterprises Inc, Habib Bank Limited, K-Electric, Philip Morris, Pakistan Oxygen Limited etc.
  • Advising clients in relation to Customs recordation of trademarks, border control measures, including initiating and pursuing enforcement actions before Customs Authorities in Pakistan.
  • Appeared before the Registrar of Trademarks and the Registrar of Copyrights as well as the Customs Authorities for hearings related to trademarks and copyright matters and customs seizures of infringed goods.

 

Other Experiences

Member on the Education Committee of a not-for-profit organisation which provides grants to individuals in the field of education.