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Contents

WHAT IS INTELLECTUAL PROPERTY?............................................................................................................. 1 Intellectual Property ............................................................................................................................... 2 The Two Branches of Intellectual Property ................................................................................. 3 Copyright ........................................................................................................................................... 3 Industrial Property.......................................................................................................................... 4 Patents for Invention ...................................................................................................................... 4 Trademarks ........................................................................................................................................... 7 Patent ........................................................................................................................................................ 10 Intellectual Property Rights in Pakistan ........................................................................................ 14 Background ......................................................................................................................................... 14 Intellectual Property Rights Regime:........................................................................................... 15 Reforms: Good and Bad Points ..................................................................................................... 15 Ground Realities: .............................................................................................................................. 17 The IP Gap: Is it only a legal issue? ............................................................................................ 18 Moving Forward ................................................................................................................................. 18 Pakistan Patent Ordinance 2000 ..................................................................................................... 20 Intellectual property Reviews Piracy in Pakistan ........................................................................ 24

WHAT IS INTELLECTUAL PROPERTY?
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, divided Industrial includes and names, into two images, and designs used in commerce. IP is categories: which (patents), of property, inventions

trademarks, industrial designs, geographic and literary indications and source; includes Copyright, which artistic

works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs Intellectual Property (IP) law is the area of law that deals with and oversees the creation of intellectual property patents, copyrights, trademarks and trade secret laws; the protection of intellectual property rights; and the legal pursuit of those who infringe on another’s rights to his/her intellectual property. It overlaps with several other areas of law, such as patent law, copyright law, contract law, tort law, trademark law and litigation. IP is defined as an intangible form of property, as opposed to personal property or real property, which is concrete and much more easily defined. IP is the result of the creation of the brain or the mind, which is then manifested or interpreted in a form that has a physical existence and possesses exclusive property rights. Examples include images, symbols, names, designs, industrial processes and business methods used in commerce; inventions; artistic, literary and musical works; and software.

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which represents ownership of an original idea for a limited period of time.Both statute and common law play a part in IP law. trademarks. performances of performing artists. Intellectual property rights protect the interests of creators by giving them property rights over their creations. protection against unfair competition. Page 2 . scientific. Intellectual Property The term intellectual property refers broadly to the creations of the human mind.” Intellectual property relates to items of information or knowledge. such as limited duration in the case of copyright and patents. industrial designs. Trade secrets. patents and trademarks laws are most often utilized by businesses because of the commercial value of the protected property. Intellectual property rights are also characterized by certain limitations. phonograms. but gives the following list of the subject matter protected by intellectual property rights:         literary. patents and copyrights. literary or artistic fields. artistic and scientific works. Such artistic and creative works as paintings. which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them. music. service marks. Countries generally have laws to protect intellectual property for two main reasons. Statute creates and governs trademarks. and “All other rights resulting from intellectual activity in the industrial. one must utilize the legal options provided by contract law and tort law. photographs. Trade secrets are established through common law and to protect them. The Convention Establishing the World Intellectual Property Organization (1967) does not seek to define intellectual property. scientific discoveries. and broadcasts. and commercial names and designations. inventions in all fields of human endeavor. movies and software may be protected by copyright law. books.

namely industrial property and copyright. paintings. or a motion picture. Page 3 . The Two Branches of Intellectual Property Intellectual property is usually divided into two branches. music. recognized in most laws. a sculpture. such as the right to prevent a distorted reproduction. In most European languages other than English. such as poems. to promote creativity and the dissemination and application of its results.is known as author’s rights. That act is the making of copies of the literary or artistic work.  to give statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. may be made only by the author or with his authorization. Copyright Copyright relates to artistic creations. such as the right to make copies. a painting. can be exercised by other persons. novels. which would contribute to economic and social development. its author. and cinematographic works. and to encourage fair trade. whereas other rights. a photograph. in respect of literary and artistic creations. a publisher who has obtained a license to this effect from the author. The second expression. . thus underlining the fact. The expression copyright refers to the main act which. that the author has certain specific rights in his creation. author’s rights refers to the person who is the creator of the artistic work. which only he can exercise. for example. such as a book.

wines. and industrial designs. Industrial property also covers trademarks. commercial names and designations. but the solution. but likewise to agricultural and extractive industries and to all manufactured or natural products. such as a previously unknown plant variety. A number of countries. the main types. So the process for extraction of a Page 4 . mineral waters. although existent. minerals. Human intervention must be added. tobacco leaf. Merely discovering something that already exists in nature. What counts here is that the object of industrial property typically consists of signs transmitting information. Patents for Invention Most laws dealing with the protection of inventions do not actually define the notion of an invention. and against misleading practices in general. as well as geographical indications. define inventions as new solutions to technical problems. and protection against unfair competition. flowers. layout-designs of integrated circuits. and flour. beer. which are aesthetic creations determining the appearance of industrial products. cattle. in particular to consumers. for example. Protection is directed against unauthorized use of such signs likely to mislead consumers. In some of these. the aspect of intellectual creation.Industrial Property The broad application of the term “industrial” is clearly set out in the Paris Convention for the Protection of Industrial Property (Article 1 (3)): “Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper.” Industrial property takes a range of forms. The problem may be old or new. fruit. These include patents to protect inventions. in order to merit the name of invention. is less clearly defined. must be a new one. service marks. grain. however. as regards products and services offered on the market. is not an invention.

The word patent. a patent is the right granted to an inventor by a State. are the most widespread means of protecting the rights of inventors. Laws generally require that an invention fulfill the following conditions. Patents. or capable of some kind of industrial application. These incentives encourage innovation. return for the must patented and can The inventor public. An invention is not necessarily a complex item. submits an application to the national or regional patent office. or the entity he works for. or by regional office acting for several States. to the of develop the the new the the disclose In the knowledge technology. which in turn contributes to the continuing enhancement of the quality of human life. also denotes the document issued by the relevant government authority. In the application the inventor must describe the invention in detail and compare it with previous existing technologies in the same field in order to demonstrate its newness. Not all inventions are patentable. ideas. or letters patent. the inventor. generally 20 years. Simply put. and are protected as such. so that others disclosure invention is thus an consideration in any procedure. known as the requirements or conditions of patentability:  Industrial Applicability (utility): The invention must be of practical use.new substance from a plant may be an invention. Thus protection of inventions under patent law does not require that the invention be represented in a physical embodiment. The safety pin was an invention which solved an existing “technical” problem. In order to obtain a patent for an invention. also referred to as patents for invention. designed as The to balance the interests of inventors and the interests of the general public. in essence. Page 5 . which allows the inventor to exclude anyone else from commercially exploiting his invention for a limited period. By granting an exclusive right. exclusive adequately invention can gain further essential patent granting patent system is so right. patents provide incentives to individuals. offering them recognition for their creativity and material reward for their marketable inventions. New solutions are.

It is generally issued only in very special cases. methods for medical treatment (as opposed to medical products). The decision may be the subject of an appeal. Page 6 . The conditions regarding the granting of compulsory licenses are regulated in detail by laws that provide for them. Inventive step (non-obviousness): It must show an inventive step that could not be deduced by a person with average knowledge of the technical field. The decision to grant a compulsory license must provide for an adequate remuneration of the patentee. This varies from one country to another. and any invention where prevention of its commercial exploitation is necessary to protect public order.   Novelty: It must show some new characteristic that is not known in the body of existing knowledge (referred to as prior art) in its technical field. defined in the law. A compulsory license is an authorization to exploit the invention given by a governmental authority. good morals or public health. discoveries of natural substances. Patentable subject matter The invention must fall within the scope of patentable subject matter as defined by national law. mathematical methods. plant or animal varieties. Many countries exclude from patentability such subject matter as scientific theories. and only where the entity wishing to exploit the patented invention is unable to obtain the authorization of the owner of the patent.

such as three-dimensional signs (like the Coca-Cola bottle or Toblerone chocolate bar). In the addition to trademarks source of identifying commercial goods or services. The trademark may appear not only on the goods themselves but also on the container or wrapper in which the goods are sold. several other categories of marks exist. pictures. But many countries have set limits as to what may be registered as a trademark. A trademark is a sign used on goods or in connection with the marketing of goods. for example in newspapers or on television. such as the roar of the lion that precedes films produced by MGM). or olfactory signs (smells. a trademark performs the following four main functions. A trademark used in connection with services is called a service mark. Collective marks are owned by an association. When used in connection with the marketing of the goods the sign may appear in advertisements. Such signs may use words. Broadly speaking. airlines. but are not confined to any membership. laundries and cleaners. tourist agencies. such as perfumes). An increasing number of countries also allow for the registration of less traditional forms of trademark. such as an association representing accountants or engineers.Trademarks A trademark is a sign. or in the windows of the shops in which the goods are sold. Certification marks. These relate to the distinguishing of marked goods or Page 7 . are given for compliance with defined standards. restaurants. generally allowing only signs that are visually perceptible or can be represented graphically. whose members use the mark to identify them with a level of quality and other requirements set by the association. which distinguishes the goods or services of one enterprise from those of another. such as the Woolmark. shapes and colors. or a combination of signs. numerals. as well as any combination of the above. car-rental agencies. letters. audible signs (sounds. All that has been said about trademarks applies also to service marks. Service marks are used for example by hotels.

trading enterprises often use trademarks for products that they acquire from various sources. since the trademark owner may grant licenses to use the trademark to other enterprises. products market. Trademarks do not only distinguish products or services as such.services. the word “apple” or the image of an apple cannot distinguish apples. their quality and their promotion in the market place: To distinguish the products or services of one enterprise from those of other enterprises. Trademarks facilitate the choice to be made by the consumer when buying certain products or using certain services. Moreover. To refer to a particular enterprise. For example. A trademark is not always used by only one enterprise. their commercial origin. or which Thus offers on the the services trademarks distinguish products or services from one source. not necessarily known to the consumer. from identical or similar products or services from other sources. In such cases. It is accordingly essential that licensees respect the quality standards of the trademark owner. The distinctive character of a mark has to be evaluated in relation to the goods or services to which the mark is applied. so that consumers can rely on the consistent quality of the goods offered under a mark. the trademark owner is not responsible Page 8 . This function is commonly referred to as the guarantee function of trademarks. This function is important of in defining the of scope protection trademarks. The trademark helps the consumer to identify a product or service which was already known to him or which was advertised. To refer to a particular quality of the product or service for which it is used. but it is distinctive for computers. they distinguish them in their relationship from to an the enterprise which products or services originate.

which in most systems have the authority to block trademark infringement. The period of protection varies. he may frequently use parts which have not been produced by him. A trademark that is to fulfill that function must be carefully selected. so as to prevent consumers and the public in general from being misled. It must appeal to the consumer. This argument is supported by the fact that even where the trademark owner is the manufacturer of a particular product. To promote the marketing and sale of products. It gives him the right to use the mark and to prevent unauthorized third parties from using the mark. Trademark protection is enforced by the courts. That is why this function sometimes is called the appeal function.for producing the products but rather (and this may be equally important) for selecting those that meet his quality standards and requirements. but which have been selected by him. but also to stimulate sales. or a confusingly similar mark. Page 9 . but a trademark can be renewed indefinitely on payment of corresponding fees. The owner of a registered trademark has an exclusive right in respect of his mark. create interest and inspire a feeling of confidence. and the marketing and rendering of services. Trademarks are not only used to distinguish or to refer to a particular enterprise or a particular quality.

The invention or idea. it must be new (novel) and has not been iterated. U.Patent Patent Law encompasses the branch of law that governs patents. which is a new. its originality must be obvious. which includes a process. original and ornamental design for a manufactured article. and if it appears to be. and compounds or mixtures (such as chemical formulas). A legal document. can prepare and submit a patent application. using. Patent & Trademark Office (USPTO). including detailed drawings and specifications. by its nature.S. A patent is the grant of an exclusive property right to the inventor for the benefits of an invention or improvement. which gives the owner of the patent the right to exclude any other person from making. meaning the idea cannot be something that anyone in the applicable field of expertise could have easily identified. a machine. or selling the invention covered by the patent. can file an application. must be patentable. and it must be useful. manufactured products. which contains a detailed description of what the invention is and how to make or use it. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. and Page 10 . one skilled in the applicable field must be able to make and use the claimed invention. for a specific period of time.S. or an attorney registered to practice before the USPTO. 2) design. Only the inventor. granted by the U. The USPTO offers the following types of patent applications: 1) utility. Patent law specialists can make a search of patents to determine if the proposed invention is truly unique. is issued to the inventor (patentee).

Provisional patent applications may be filed for any invention that has not been publicly disclosed for more than one year from the date of filing.3) plant inventions. design. Provisional patent applications do not get examined by the USPTO. The USPTO classifies applications for utility and plant inventions into provisional and non-provisional applications. The USPTO does not use provisional and non-provisional applications for design inventions. Once the term has ended. A Trademark or service mark is a distinctive word. which are any distinct and new variety of cultivated asexually reproduced plants. The Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications. the patented invention enters the public domain. but instead of Page 11 . Although an inventor cannot obtain an international patent through the PCT. it does allow the inventor to file a single international patent application in order to simultaneously seek protection for an invention in over 125 countries worldwide. but all three types of patents require payment of maintenance fees to keep them effective. Manufacture of a product upon which there is an existing patent is "patent infringement" which can result in a lawsuit against the infringer with substantial damages granted. phrase. The term of a new patent has changed over time and is curren tly 20 years from the earliest claimed filing date. graphic symbol. slogan. but are used as a vehicle to obtain a priority date and may be useful in obtaining “patent pending” status on ideas during final stages of development. A service mark does the same thing as a trademark. name. if no extension has been filed and approved. device. emblem. picture. or while raising capital or test marketing. logo or any combination thereof which is used in commerce to identify and distinguish a company’s products or services from that of another company and to indicate the source of the goods or services.

The confusion created can be that the infringer’s products are the same as that of the owner(s) or that the infringer is somehow associated. it is usually advisable to register the mark. service marks identify services and events. The necessity of the confusion element has been well established under both federal and state case law. To obtain the greatest protection for a mark. but over time. or by being the first to use the mark in commerce. federal trademark law has assumed much of the ground originally covered by state common law and now provides the main source of trademark protection. To prove infringement the mark’s owner(s) must prove that the infringer’s use of the mark has created a likelihood of confusion about the origin of the defendant's goods or services. know as trademark infringement. authorized or sponsored by the owner(s). which provides protection at the state level by statute and/or common law. affiliated. Rights to a trademark can be acquired by either being the first to register the mark with the PTO. A mark which is registered with the PTO should be marked with the ® symbol. The main federal statute is the Trademark Act of 1946. Trademark infringement occurs when one party adopts or uses a trademark that is confusingly similar to the prior adopted and used trademark for similar products or services. approved. Trademarks are governed by both state and federal law. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or similar to the registered products or services. Unregistered trademarks should be marked with a “tm”. The law entitles the owner(s) to exclusive use of the mark in relation to the products or services for which it is registered. Trademarks are a form of intellectual property. State common law originally provided the main source of protection of trademarks.products. and unregistered service marks should be Page 12 . connected. Trademark law governs the use of trademarks and service marks.S. as amended (the Lanham Act) which codified much of the existing common law on trademarks. The Patent and Trademark Office (PTO) is responsible for administering all laws relating to trademarks and patents in the U.

genericity or abandonment. which varies. Page 13 . it may also expose the registration to become liable for an application for removal from the register after a certain period of time on the grounds of “non-use”. Trademark rights must be maintained through actual lawful use of the mark for a period of time. through improper licensing.marked Trademark with rights can an be lost “sm”. In addition. If the use of a trademark is licensed without adequate quality control or supervision by the trademark owner. assignment. the trademark will be canceled. or rights to the mark will cease. And if the rights to a trademark are assigned to another party in gross. thereby losing its trademark protection. the trademark will be canceled. Genericity is when a trademark loses its distinctiveness over time and becomes generic. without corresponding sale of any assets. if a mark’s registered owner(s) fail to enforce the registration in the event of infringement.

intellectual property rights is a central pillar of a business-friendly governance modern development. Background Currently. the intellectual property rights regime is governed by an integrated piece of legislation. Pakistan has also undergone several stages of reforms in the governance structure and enforcement process of Intellectual Property Rights since 2000. Ministry of Education (copyrights) and Ministry of Industries and Production (for patents and designs). rule-driven rights regime in many countries has been considered instrumental in the innovation-led growth during the twentieth century. the emergence of an international trade regime under the World Trade Organization (WTO) has also been accompanied by a stricter Trade Related Intellectual Property Rights (TRIPS) regime. called the Intellectual Property Organization (IPO) of Pakistan Ordinance 2005. Subsequently. Just like several other countries. The earlier regime was fragmented into Ministry of Commerce (for trademarks). now it has come under the umbrella of an integrated IP office in Page 14 . transparent intellectual An and property structure in economic efficient.Intellectual Property Rights in Pakistan The protection including of property rights.

contained in the earlier Page 15 . apparatus. Intellectual Property Rights Regime: The IP Regime broadly includes: Patents (something original having ingenuity and newness in its (right process of and design). technology. and Trademarks (any mark capable of being represented graphically. including chemical products. Section 2 (c) of Patents Ordinance 2000 defines invention to include “any new and useful product. which is capable of distinguishing goods or services of one undertaking from those of another undertaking). method or manner of manufacture. process.” A report assessing the status of Intellectual Property Rights in Pakistan notes that. attached to the Cabinet Division and directly reporting to the Prime Minister. a relevant definition of the patent is useful. and human resources that is the root cause of delays in the patent examination process. As this brief focuses on the patents. “it is the acute dearth of capital. art.” Reforms: Good and Bad Points The reality in terms of priority the government attaches to IPO is evident from the fact that only 20 seats are filled at the headquarters of IPO out of the sanctioned strength of 75 (IPO 2008) despite having spent Rs503 million during 2005-08. under the name of the author of the work or the publisher or the printer who undertakes such work for purposes of general benefit). and Copyrights printing publishing any written material of original nature that is not already published. or other article. the annulment of the 18 months time limit for approving patents. However.Islamabad. substance or article or product produced by manufacture and includes new and useful improvement of any of them and an alleged invention. Yet not everything is bad: the IPO has made serious efforts to digitize its records and automation of the application procedure has been implemented. machine. called the Intellectual Property Organization.

Page 16 . It shows the considerable value which patent work has acquired in the Indian context. Another useful indicator to gauge the overall situation of Intellectual Property Rights in a country is the composition and trend in the fees its offices would receive under Intellectual Property Rights. has undercut the benefit which automation might have brought in terms of efficiency and transparency. where almost 66% revenue of its IPO office is due to patents whereas less than one-third was due to trademarks registry.3% by copyrights office and a 21% by the patents‟ office. the exact opposite from India.legislation. Two-thirds of revenue collected by IPO office-Pakistan is by trade mark registry and only 1.

it is equally important to have a comparative look on the ground realities. and widening gap.Ground Realities: Moving beyond legal reforms having laid emphasis on the importance of a transparent and efficient legal structure. which are otherwise comparable in terms of socio-economic indicators. As the following graph suggests. whereas India has experienced 700% positive growth! This suggests a stunning. Pakistan has experienced a decrease of 66% during 2005-08. Page 17 . in terms of the number of patents granted. between two countries.

Pakistan grants only one patent out of every ten applications. Page 18 . let us also compare the applications received for patents. As the following picture suggests. Moving Forward 1. the Intellectual Property Officer . It implies a widening trust deficit between the IPO office and applicants.The IP Gap: Is it only a legal issue? A cursory look at the foregoing picture would inevitably lead to an affirmative answer to this rhetorical question. while the Indian Intellectual Property Officer office accepts one out of every four applications it receives. There is an urgent need to make the examination of applications process fast and accessible which includes introduction of time limits for approval of patents in the legislation on Intellectual Property Rights in Pakistan. IPO-Pakistan is not the only one to share the blame for a very low number of granted patents. to get a complete picture of the actual worth and status of IP in Pakistan.the community of the inventors also needs to share the blame for a low number of applications! A key insight obtained from comparison of the above two tables suggests that. However.

Page 19 . license or sell his/her idea. where some research has been undertaken should be given first right of refusal. 5. the inventor should be free to patent. There should be a massive attempt to bring the level of awareness among the prospective inventors about the protection of their intellectual property. who can then become interface between the government and the innovator. 4. The universities. In India. Afterwards. IPO-Pakistan has declared software to be strictly non-patentable as a policy matter. In case of research being conducted at the universities. This should focus on restoring the trust between the IPO and inventors community. an amendment in the IP law to allow software to be patented is in the pipeline. an open disclosure policy should be encouraged. As there appears a spectacular dearth of trained experts in the field of Intellectual Property Rights . 3.2. the IPO should consider a certification process to give training to prospective candidates to become „patent agents‟. Pakistan should also reconsider its position.

Process is defied to mean "any art.Pakistan Patent Ordinance 2000 Pakistan as a member of WTO and signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights undertook to amend its patent law to conform to TRIPs' obligations. substance or article or product produced by manufacture and includes any new and useful improvement of any of them and an alleged invention". 2000 which complies with TRIPs’ requirements. machine. apparatus or other article. including chemical products. 2000) Effective December 2. as well as. process or method Page 20 . Beside TRIPs' requirements. Definitions Section 2(c) of the Ordinance defines invention to include “any new and useful product. process. 2000 the President of Pakistan promulgated the Patents Ordinance. the new law is a remarkable departure from nearly century-old legislation. art. This memorandum gives salient features of the new law. method or manner of manufacture. 2000 On December 2. it corresponds to the regime of new patent laws promulgated around the globe. the industrial developments since 1911 have also made it mandatory to amend the Patents & Designs Act. as well as. While product patents have been allowed in the law. 1911 (A Memorandum on Pakistan's new Patent Ordinance. life of the patent has been extended to 20 years.

and be capable of industrial application. apparatus. the law requires an invention to be new (state of the art). article. by publication in tangible form or by oral disclosure. Inventive step is defined with its traditional meaning of non-obviousness to a person skilled in the art. by use or in any other way. product is defined to include "any substance.of new manufacture of a product and includes a new use of a known process or a product". or any proceedings for revocation of a patent is pending in any Court. Similarly. term of the patent granted under the old 1911 Act shall remain 16 years. However section 106(4) of the new law creates confusion since it provides that if at the commencement of this new law. (c) to order the ng to foreign application(s): (a) a copy of any communication received by the applicant concerning the result of any search or examination carried out in respect of the foreign application(s). a suit for infringement of a patent. Term of a Patent As required by TRIPs. State of art is defined to include '(a) everything disclosed to the public anywhere in the world. machine or a chemical product". The law emphasizes that 'the industry shall be understood in its broadest sense'. term of a patent is 20 years from the date of the application. Industrial application is defined to include capability of the invention to be used in any kind of industry. the said suit or Page 21 . (b) a copy of the patent granted on the basis of the foreign application(s). and (c) a copy of any final decision rejecting the foreign application(s). Provided however. prior to the filing… and (b) contents of complete specification and priority documents published under the law'. The law clarifies that 'a product consisting of a substance or composition shall not ) to prevent the entry into the channels of commerce of imported goods that involve the infringement immediately after custom clearance of such goods. involving an inventive step. Section 8 of the law provides that an invention shall be considered novel 'if it does not form part of the state of art'. Patentable Inventions To qualify grant of patent.

as if the new law had not come into force. have the right to institute court proceedings against any person who infringes the patent by performing. when patent has been granted in respect of a product.a. stocking such product for the purposes of offering for sale. using the process. importing.proceedings may be continued and disposed of under the 1911 Act. 2. any of the acts referred above or who performs acts which make it likely that infringement will occur. when the patent has been granted in respect of a process. Rights Conferred by Patent The law provides that 'the exploitation of a patented invention in Pakistan by a person other than the owner of the patent shall require the latter's agreement'. without his agreement. The law also provides that the owner of the patent shall (unless in the case of compulsory licensing or mail box provisions). remedies or actions available to him. These include: (a) to order to desist from infringement. in addition to any other rights. Law defines the exploitation of a patented invention to include any of the following acts. (b) to prevent the entry into the channels of commerce of imported goods that involve Page 22 . offering for sale. or b. making. doing any of the acts referred to in clause (a) in respect of a product Reliefs in suit for Infringement Section 61 of the new law lists reliefs that a Court may grant in suits may grant in suits for infringements. namely: 1. or obtained directly by means of the process. b. selling or using. selling and using the product. provided that term of the patent shall be 20 years. a.

Internationally speaking Pakistan was perceived as a country with little or nor protection or management of IP and there was severe criticism against Pakistan for export of pirated optical discs throughout the world. This brief overview explains. without compensation of any sought. and (i) to order a party at whose request measures were taken and who has abused enforcement procedure. the functions and powers of Intellectual Property Organisation of Pakistan. (g) to order the material and implements the predominant use of which has been in the creating of infringing goods be. (d) to pay the right holder expenses which may include appropriate attorney's fee. intellectual property situation in Pakistan was going through phases of a constant decline. (h) unless this would be out of proportion to the seriousness of the infringement. to provide to a party wrongfully enjoined or restrained. the need for proportionality between seriousness of infringement and remedies ordered as well as interests of third parties shall be taken into account. and in considering such orders. Page 23 . These brief notes are for general guidance only and should not be taken as a substitute for thorough and professional legal advice. in very general terms.the infringement immediately after custom clearance of such goods. disposed off outside the channels of commerce. engage in infringing. disposed off outside the channels of commerce in such a manner as to minimize risk of further infringement. without compensation of any sought. to order recovery of profits. (f) to order that goods found to be infringed be. Before 2005. to order infringer to inform the right holder of the identity of third parties involved in the production and distribution of the infringing goods and of their channels of commerce. damages and pre-established damages even where the infringer did not knowingly or with reasonable ground to know. (c) to order the infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement. (e) in appropriate cases. adequate compensation for injury suffered because of such abuse.

business. the Middle East. and even Africa Some raids are reported but with little effect Maximum fine that a pirate has received from prosecutions was Rs.On 8th April.15.000 No sentences involving imprisonments were meted out Pakistan is the world’s worst pirate country for published materials (per capita) Law in Pakistan is not compatible with international conventions and agreements. coordination and better management of IP in Pakistan. Page 24 . and Activation of Pakistan Customs to cut off and restrain import and export of pirated goods including optical discs to and from Pakistan. English Language Teaching materials. 2005 the Government of Pakistan took evasive action to redress these issues of the international community by taking the following three pronged parallel decisions: Formation of Intellectual Property Organisation of Pakistan (IPO-Pakistan) for enforcement. and reference materials Legitimate importers and booksellers reported a sharp decline in sales Reprint piracy and commercial photocopying remained major problems Entire books are photocopied and available for sale in stalls and bookstores Trade bestsellers are pirated in large numbers and available everywhere Pakistan also exports pirated books to India. Federal Investigation Agency (FIA) was empowered to eliminate piracy through addition of Copyright Ordinance. medical and engineering texts. 1962 in the schedule of Federal Investigation Agency Act thus authorising the FIA to investigate Copyright related offences in Pakistan. Intellectual property Reviews Piracy in Pakistan             Piracy of computer.