INTELLECTUAL PROPERTY LAW

(An Introduction)
 What is Property ?
• ‘Property’:
Money or moneys worth
 Kinds of Property
• Corporeal Property

 Property of a material nature;

 Tangible Property
 Tangible assets can be touched (have a physical
substance) e.g. machines, buildings, motor
vehicles. 
 Kinds of Property
Incorporeal Property
• Lacking material form or substance.
• a property or an asset that does not have
value in material form.
• Intangible Property: Intangible assets cannot
be touched (do not have a physical
substance) e.g. goodwill, development
expenditure.
 Kinds of Property

Corporeal property which can be touched. An

example would be a window glass.

The view through the window is incorporeal.

 “Intellectual Property” ?
What is Intellectual Property?
Creations of the Mind:
i) Symbols, Names and Images used in
commerce
ii) Literary and Artistic Works
iii) Inventions
 Intellectual property is divided into
two categories:
i) Industrial Property: which includes Patents for
inventions, Trademarks, Industrial designs, Geographical
Indications.
ii) Copyright covers: Literary works (such as novels,
poems and plays), films, music, artistic works (e.g.,
drawings, paintings, photographs and sculptures) and
architectural design.
Rights related to copyright include those of performing
artists in their performances, producers of phonograms
in their recordings, and broadcasters in their radio and
television programs.
 ‫‪GENERAL PRINCIPLES:‬‬

‫‪The moral basis for protection of Intellectual‬‬

‫‪Property finds its mention in the Holy Quran‬‬
‫‪(Sura Al-Baqara, Verse 188):‬‬
‫اط ِل َوتُ ۡدلُ ۡوا بِهَٓا اِلَى ۡال ُح َّک ِام لِتَ ۡا ُکلُ ۡوا فَ ِر ۡيقًا ِّم ۡن‬
‫اَل تَ ۡا ُكلُ ۡ ٓوا اَمۡ َوالَـ ُكمۡ بَ ۡينَ ُكمۡ بِ ۡالبَ ِ‬
‫اس بِااۡل ِ ۡث ِم َواَ ۡنتُمۡ تَ ۡعلَ ُم ۡو َن ﴿‪۱۸۸‬‬ ‫ال النَّ ِ‬ ‫﴾اَمۡ َو ِ‬

‫اور ایک دوسرے کا مال ناحق نہ کھاؤ اورنہ اس کو (رشوةً)“‬

‫حاکموں کے پاس پہنچاؤ تاکہ لوگوں کے مال کا کچھ حصہ ناجائز‬
‫طور پر کھا جاؤ اور (اسے) تم جانتے بھی ہو‬
 GENERAL PRINCIPLES:

All Intellectual Properties are intangible

properties. They conform to the word,
“Maal” –anything having money value- the
definition given by Imam Shafi and
accepted by Malikies and Hamblies.
(PLD-Pakistan Legal Decisions 1983
FSC (Federal Shari’a Court)125).
 GENERAL PRINCIPLES:

The law does not permit one to

appropriate for himself what has been
produced by the labour, skill and capital of
another. This is the very foundation and
philosophy of Intellectual Property laws.
(Intellectual theft).
Areas Covered in Intellectual Property

1. Copyright and related rights

2. Trademarks, Service Mark &
Domain Names
3. Industrial Designs
4. Patents
5. Geographical indications
Areas Covered in Intellectual Property

6. Plant Breeders Rights

7. Layout Designs (Topographies of
integrated circuits).
8. Protection of undisclosed
information/Trade Secret
 World
intellectual
property
orgainzation

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 History of WIPO
.World intellectual property organization is the specialized agencies of the
united nations

. WIPO was created in 1967”to encourage creative activity,to promote the

protection of intellectual property through out on the world

. Wipo currently have 187 member states.and the headquarter of wipo is in

switerzerland.

. The current director general of wipo is francis gurry

. Wipo become a specialized agency of the un in 1974

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WIPO –Pakistan overview
. Establised in Pakistan April 2005

. Under the control of cabinet division

. Integrated ip management after 5 april 2005

. Trade mark registry office Karachi

. Copyright registry office Karachi

. Patent registry office Karachi

. Regional office is in isalamad&Lahore

 World Intellectual
Property day
• Date 26th April

• Frequency annual

• Realted to –inventor day,world book &copyright day

• The event was established by wipo in 2000 “rise
awareness of how patent ,copyright,trade marks
impact on our daily life and to celebrate the creativity
and the contribution made by creators and innovators
to the development of socity across the globe”

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 Industrial Designs
What is an industrial design?
• In a legal sense, an industrial design constitutes the
ornamental or aesthetic aspect of an article.
• An industrial design may consist of three dimensional
features, such as the shape of an article, or two
dimensional features, such as patterns, lines or color.

. Statute –designs act 1906.protection period is one

year .may be extended 6 years
.

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Examples of designs

18
 LEGISLATION ON INTELLECTUAL PROPERTY

TRADEMARKS
A trademark, trade mark, or trade-mark is a recognizable
sign, design, or expression which identifies products or
services of a particular source from those of others,
although trademarks used to identify services are usually
called service marks.
• Trade Marks Ordinance, 2001
• Trade Marks Rules, 2004.
• Trade and Merchandise Act 1889.
• Pakistan Penal Code, 1860
 Examples of Trademarks

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 LEGISLATION ON INTELLECTUAL PROPERTY

COPYRIGHTS
Refer to the legal right of the owner of intellectual property.
This means that the original creator of a product and
anyone he gives authorization to are the only ones with
the exclusive right to reproduce the work.
• The Copyright Ordinance 1962.
• The Copyright Rules, 1967.
• The International Copyright Order 1968.
• The Copyright Board (Procedure) Regulations, 1981.
 Examples of copyright

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 LEGISLATION ON INTELLECTUAL PROPERTY
PATENTS & DESIGNS: A patent is a form of intellectual
property which gives its owner the right to exclude others from making,
using, selling, and importing an invention for a limited period of time, usually
twenty years. The patent rights are granted in exchange for an enabling
public disclosure of the invention.
A design patent is a form of intellectual property protection which allows
an inventor to protect the original shape or surface ornamentation of a
useful manufactured article.
Patents Ordinance, 2000
• The Registered Designs Ordinance 2000
• Registered Layout-Designs of Integrated
Circuits Ordinance, 2000
• Patents Rules 2003 and Secret Patent Rules 1993.

 
Examples of patents

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 Difference b/w Patent, Copy rights & Trade Marks
Trademark
Business and product
owners file for a trademark.
It protects a name, word,
slogan, symbol, design,
and/or image identifying a
business or brand and
distinguishing it from others
in the same field.
Registering a trademark
enhances the rights of a
person by providing legal
evidence and public notice
of ownership.
Copyrights
Copyright can be sought for
by authors, artists,
choreographers, architects,
and other creative
professionals. While an idea
cannot be copyrighted, the
tangible form of an idea can
be. This includes original
works of authorship,
photographs, sculptures,
choreography, architectural
works, sound recordings,
motion pictures, and other
creative works.
Patents
Inventors and designers file
for patents. A patent protects
inventions with a new or
improved function. This
includes machines,
processes, or chemical
compositions, or the design
for some product.
When a patent is filed, the
owner gets an exclusive right
to prevent others from
making, using, selling, or
importing the protected
invention.

An example is a software. The code of the software will be protected by a copyright, while the
functional expression of the idea will be protected by a patent. The name of the company or
the software will come under a trademark.
 Contd….
• Protecting an intellectual property is a very
complex process that keeps evolving with
each step during its life cycle, be it during
its innovation, research, or development.
Thus, a single product can have a
patentable feature, a creative angle
protected by copyright, and a source of the
product that is trademarked.
 History - What are IPR(Intellectual
Property law?
• Property Rights allowing creators, or owners, of patents,
trademarks or copyrighted works to benefit from their
own work or investment in a creation.
• Rights outlined in Article 27 of the Universal Declaration
of Human Rights.
• Importance of IP first recognized in the Paris Convention
for the Protection of Industrial Property (1883);
• Berne Convention for the Protection of Literary and
Artistic Works (1886).
 Intellectual Property Laws aim to

• a) Protect the owner – both his person and business;

• b) Protect consumers and public interest;
• c) Lead to improvement of quality of life;
• d) Lead to increased tax revenue generation for
government.
• e) Lead to circulation of wealth in the society
through dependant industries.
 Why promote and protect IP?

• Legal protection of new creations encourages the

commitment of additional resources for further
innovation.
• Promotion and protection of intellectual property spurs
economic growth, creates new jobs and industries, and
enhances the quality and enjoyment of life.
• Strike a balance between the interests of innovators and
the public interest, providing an environment in which
creativity and invention can flourish, for the benefit of all.