Saba Ali Asghar

Sp18-BBA-111

Assignment

Intellectual property rights procedures and processes in Pakistan

Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic
works, designs and symbols and names and images used in commerce.

IP is protected by law, for example, patents, copyright and trademarks, which enable people to earn

recognition or financial benefits from what they invent or create. By striking the right balance
between the interests of innovators and the wider public interest, the IP system aims to foster an
environment in which creativity and innovation can flourish.

Although many of the legal principles governing intellectual property rights have evolved over
centuries, it was not until the 19th century that the term intellectual property began to be used, and not
until the late 20th century that it became commonplace in majority of the world.

To enforce IPR and to monitor those who violate the law, the government has established an
Intellectual Property Rights organization, which is a regulatory cum service body, under the
administrative control of the Cabinet Division and is directly under the supervision of the Prime
Minister of Pakistan.

Patents

A patent is grant of exclusive rights for an invention to make, use and sell the invention for a limited
period of 20 years. The patent grant excludes others from making, using, or selling the invention.
Patent protection does not start until the actual grant of a patent.

A patent owner has the right to decide who may or may not use the patented invention for the period
in which the invention is protected. The patent owner may give permission, or license, to other parties
to use the invention on mutually agreed terms. The owner may also sell the right to the invention to
someone else, who will then become the new owner of the patent. Once a patent expires, the
protection ends and invention enters the public domain, that is, the owner no longer holds exclusive
right to the invention which becomes available to commercial exploitation by others.

Patentable Inventions in Pakistan

In order to be patentable an invention should have the following characteristics:

 The invention should be process or product

 The invention should be novel or new

 It involves an inventive step

 It is capable of industrial application

Patent applications are examined under the Patents Ordinance, 2000 and Rules there under for both
technical and legal merits. 

Types of Patent Application

Patent applications can be applied in the following manners:

 An ordinary patent application with “provisional or complete specification”, which is dated

as of the official date of the application for the patent.

 A convention patent application claiming “right of priority”, which is dated as of the official
date of the corresponding application for patent first made in a country which is the member
of WTO (World Trade Organization).

 Application for a patent of addition, for improvement or modification of an invention for

which a patent has already been applied for or granted.

Trademark

A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of
the goods of one party from those of others. A service mark is a word, phrase, symbol, and / or design
that identifies and distinguishes the source of a service rather than goods.

Trade Marks Registry (TMR) is premier body of Intellectual Property Organization of Pakistan (IPO-
Pakistan) working for the registration of trade and services marks under the Trademarks Ordinance,
2001. It is a federal government body and its jurisdiction for trade and services marks lies within the
geographical boundary of Pakistan. It works as a civil court and its decisions are appealable at the
provincial high courts. The Trademarks Registry is headed by a Registrar and its office is located in
Karachi and also Regional Office situated in Lahore.

With the promulgation of Trade Marks Ordinance, 2001, the Trade Marks Registry has acquired a
new role of creating mass awareness about the importance of Intellectual Property Rights. In addition
to its traditional role of registering trademarks, it has started persuading entrepreneurs to seek
protection of their trade and services marks so that they could establish their business on fair
practices.

1. Reception Desk

The reception desks are established in Trade Marks Registry, Karachi, Regional Office, Lahore and
IPO-HQs, Islamabad. The applications and relevant documents are received and applications numbers
issued on the spot.

2. Data Capture Section

After receiving applications for the registration of trademarks and service marks, this section converts
the information of the application into a digitalize form and issues an acknowledgement receipt. It
also carries out minor typographical rectifications on request of the applicant.

3. Examination Section

Owing to a huge number of applications received, this section is divided into eight sub-sections. Each
sub-section has been allocated specified number of classes of goods and services for examination.
These sub-sections examine trade and service marks application in the light of Trade Marks
Ordinance, 2001. Any contravention found in the application is conveyed to the applicant with the
request to make it compliant with the Ordinance. The subsequent amendment in the application is
made through TM-16 with specified amount of fee. If the application does not contravene the
Ordinance, it is accepted by the Registrar and is sent to the Journal section.

4. Journal Section
The TMR has maintained this section for the publication of Trademarks Journal. The Section
advertises all accepted applications in the Trademark Journal for public awareness as well as to invite
opposition, by aggrieved parties before the final registration of a mark.

5. Opposition Section

Opposition Section deals with oppositions filed against a trade mark published in its Journal. A time
period of two months is given for the receipt of opposition to a mark, if any. The oppositions are
received in a prescribed TM-5 Form with a specified fee. These oppositions are decided by Registrar
of Trademarks after hearing the both parties. In case, opponent satisfies the Registrar the trademark
application will be abandoned otherwise it proceed for registration.

6. Registration Section

After publication of the mark if there is no opposition, the mark is recommended for registration. In
case, opponent was failed to satisfy the Registrar. This section informs the applicant/representative to
submit a prescribed fee to get the registration certificate. After receiving the fee, a registration
certificate is issued for 10 years duration. If the applicant fails to submit the fee, a reminder is given to
do the same. However if the registration fee is not submitted, the application is considered as
abandoned by the Registrar Trade Marks Registry.

7. Post Registration Section

After the registration of a mark, all subsequent changes i.e. (change of address, change of ownership)
amendments, transactions and related matters are looked after by the Post Registration Section.

8. Renewal Section

A registered trademark is valid for a time period of 10 years. Afterwards, it needs to be renewed for
another 10 years. This section looks after the matters of renewal of marks like intimating the applicant
for renewal of application. After receiving a prescribed fee on TM-12, Renewal Section issues a
Renewal Certificate for another 10 years time period.

9. Record Section

This Section maintains the physical record of files and issue files to different sections for processing
the applicant’s request i.e. post Registration section, Renewal Section and Legal Section etc. and after
completion of processing, the files returned back to Record Section.

10. Legal Section

This section handles all the Legal matters due in the court of Law including appeals vis-à-vis the
decision of the Registrar Trademarks Registry.

11. Administration/HR/Accounts Section

The internal matters of the Trade Marks Registry including human resource management, office
infrastructure and office accounts are looked after by this section.

12. IT Section

Automation, IT support, and maintenance of IT infrastructure of Trade Marks Registry, Karachi is

taken care of by this section.

Copyright
Copyright is a legal instrument that provides the creator of a work of art or literature, or a work that
conveys information or ideas, the right to control how the work is used. The intent of copyright is to
advance the progress of knowledge by giving an author of a work an economic incentive to create
new works.

Copyright includes the following creative works:

 Literary works which includes Books, Magazines, Journals, Lectures, Dramas, Novels,

Computer programmes/Software and compilation of data etc.

 Artistic works like paintings, Maps, photographs, drawings, Charts, Calligraphies, Sculptures,

Architectural Works, Label Designs, Logos, Monograms and other works alike.

 Cinematographic works which includes movies, audio-visual works, documentaries etc; and

 Record works which include sound recordings, musical works etc.

Copyright Office Provides:

Copyright Office provides services for registration of a copyright work. The registration of copyright
work is voluntary and granted only if an owner files an application as per prescribed method.
However, registration of copyright work is recommended, as a certificate issued by the Copyright
Office serves as prima-facie evidence to prove the ownership of copyright before the court of law or
any authority.

Steps for Registration of Copyright: 

1-Filing of application

2-Examination

3-Publication in newspaper (Artistic Work only)

4-Opposition, if any

5-Issuance of Certificate by Registrar (Registration)