ABS & Co advised Quaid-e-Azam Thermal Power (Private) Limited (“QATPL”) on a complex legal and contractual matter arising from intellectual property assertions in connection with the proposed replacement of a critical steam turbine component at a major power generation facility in Pakistan.
The mandate involved assessing the interplay between intellectual property rights, engineering and operation and maintenance arrangements, third-party procurement and contractual risk allocation. ABS & Co reviewed the relevant project agreements and supporting technical and commercial documentation to assess whether the assertions raised by the original equipment manufacturer presented a legal impediment to the proposed replacement solution.
The review included consideration of the contractual framework governing the procurement of replacement equipment, including whether replacement components were required to be procured exclusively from the original equipment manufacturer, as well as the legal significance of assertions of proprietary rights in technical designs, drawings, specifications and related information.
ABS & Co also assessed the contractual protections available to QATPL, including representations, warranties and indemnities concerning the independent design and development of the proposed replacement solution and compliance with third-party intellectual property rights. The mandate further involved consideration of contractual disclaimers and the allocation of responsibility for the consequences of applying technical information, including the distinction between technical responsibility, contractual liability and intellectual property exposure.
The ABS & Co team comprised Sarjeel Mowahid, Kanzal Abbas, Khawaja Abdullah Ghias and Moiz Sohail.
