Infringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan

Infringement of Trademark Copyright Patent PakistanInfringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan Section 46-C Infringement of Trade Mark elaborates the procedure as under :-

1.       An infringement of a Trade Mark in Pakistan shall be actionable by the proprietor of the Trademark.

2.       An action for infringement in Pakistan.  All such relief by way of damages, injunctions accounts or otherwise shall be available in respect of the infringement of Trademark as any other property right.

3.       Nothing in this section shall be deemed to affect rights of action against any person for passing off goods as the good of another person or service provided by another person or the remedies in respect thereof.

Pakistan Penal Code provides Sections 478 to 489 in relation to the infringement of registered Trade Mark before the trial by the Magistrate 1st Class Schedule II of Cr.P.C. has enlisted all offence as bailable and non-cognizable.

The study/scrutiny of laws relating to Trademarks infringement in Pakistan has failed to provided any relief or remedy to the real victim of violation of Trade Mark i.e. purchaser of goods passed off through deception. Further, it should not mislead the unwory customer, consumer to purchase goods or service purporting them to be the goods or services of the registered proprietors.

Trade Mark needs to be an innovative, copy right original and creative whereas design should be an invention to make them distinctive and distinguishable.

The violation of abovesaid standered fall in the category of immitation and the similarity causing confusion to the customer/consumer which can safely be termed infringement of intellectual property rights.

Above discussion reveals that the intellectual property laws have a limited scope in the sense that the real victim of the immoral act of infringement is public and masses in general.

It has been observed that the dealers as well as retailers are profit oriented in their approach business. They easily join hands with the imitators to grab more profit margin in Trade. This unholy alliance and collusiveness of the imitator and dealer, retailer work always to the detriment of the masses.

It is unfortunate that our law makers have blindly followed the tradition of unfair Trade practice to the extent of proprietor and the violator as provided in the English law of Torts,

It is high time that the laws relating to intellectual property rights be amended to consider the plight of masses giving then direct relief and redress in the matter. The recognition earned by other organizations in Trade similar and identical comodity, bare visual look on the wrappers where in the petitioners packed their product, had reflacted complete resemblance providing similarity of design, scheme and colour which could certainly affect the products of the respondents illiterate customer could easily be misled on looking at wrappers. Supreme Court refused to interfere as the lower courts judgments did not suffer from any material defect or legal infirmity, Discretionary constitutional jurisdiction could not be used to prepetuate deception, leave to appeal refused 2002 LN SC (PAK) 368 (a).

Trademark PakistanSimilarity Trade Marks should not be such which could cause confusion in the minds of unway customer/ consumer so that the goods of the imitator are not passed off due to identical pattern used by the person infringing the registered copy right of the proprietor of a Trade Mark, copy right, design.

Law does not permit any person to overside the principal of healthy completion and usurp the hard earned good will and reputation of the proprietor of intellectual property.

Precise Critria of infringement

Visual look or phonetical sound of name on the lable /wrapper of the goods is normal device of deception during immitation.

6. The Assumption that the consumer protection courts provided a safe Guard to the customer/consumer in not true in the matters of infringement of the intellectual property rights for the following reasons:-

(i)      The customer/ consumer of the intellectual property rights are normally illitrate and unwary.

(ii)     The prima facie  evidence of the proprietorship of the registered intellectual property right is with the registered owner and it is not possible for the general masses to ascertain the truth of the matter easily.

(iii)    The mechanism of notice and other requirements provided in the consumer protection courts rules out the possibility of legal action against the immitator of registered intellectual property right.

(iv)    The Consumer protecton courts have been established at divisional head quarters and this fact alone keeps the masses out to provide them any relief and remedy through petition/ application.

(v)     The intellectual property laws are based on unfair trading practice of the law of torts giving civil as well as criminal action remedy available to the registered proprietors or their assigness.

(vi)    There is no evidence available to the aggrieved masses in general to connect the real immitator with the dealer, retailor or shopkeeper providing substandered and fake goods/service.

(vii)   The relevant laws relating to the intellectual property rights should be amended to give access of redress to the customer/consumer. The provisions contained in Pakistan Penal Code (PPC) and Criminal Procedure Code Cr.P.C. should be made cognizable in the matter of general purchaser if the deceptive passing off goods has accrued. The punishment should also be in creased against the offender.

Lawyers and Advocates of our Law Firm at Thatta Sindh Pakistan

The Lawyers &  Advocates of Law Firm at Thatta are well trained in the Property Law, Criminal Law, Corporate Law, Family & Divorce Law and Civil Litigations.

Irfan Mir Halepota & Associates is a truly law firm, uniquely positioned to help our clients achieve their ambitions in today’s world. Our Office at Thatta, caters need of our clients based in Thatta.

As a pioneering law firm, our expertise and diverse team of well qualified lawyers consistently deliver results for our clients at Thatta.

In both established and emerging markets, our lawyers are integral, long-standing members of the community, giving our clients insights into the local business environment.

We work with some of the world’s most respected and well-established banks and businesses, as well as start-up visionaries, governments and state-owned entities. Our Team of Advocates and Lawyers at Thatta provide services in following fields of law:-

Civil / Property Litigation

Corporate Law

Criminal Law Litigation

Banking Law Litigation

Bankruptcy or insolvency

Child support or maintenance

Child custody

Court marriage

Divorce & Khula

Family Law matters

Property inheritance matters.

 

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


International Human rights Law

Irfan Mir Halepota & Associates stands out as one of only a handful of firms in the country that sponsors a practice devoted to vindicating human rights.

The Irfan Mir Halepota & Associates Human Rights practice represents individuals who were victims of torture, human trafficking, forced and slave labor, sexual violence, and other violations of international law.  Much of the Human Rights practice work is pro bono.

Irfan Mir Halepota, the head of the Human Rights practice group, is a leader in the field of international human rights law. Mr. Irfan Mir is recognized as one of the Leading Lawyers in Pakistan and recognized for his socially significant legal accomplishments were extraordinary or precedent-setting and in the public interest.

We group can be found at the front lines of nearly every major legal battle involving international human rights in the Pakistan.  Irfan Mir Halepota & Associates was one of the first firms to file in a number of landmark human rights cases.

Irfan Mir Halepota & Associate’s Human Rights practice has been recognized repeatedly for its dedication to and success in international human rights litigation.

Purchase of Plot in DHA Defence Housing Authority Karachi Pakistan

One of our Client residing in New York, United States of America is interested to Purchase a Bungalow and an Open Plot in Defence, Karachi. Preferably in DHA Phase VIII.

Any person / Owner / Estate Agent interest to Sale Property in Defence Karachi, preferablly in DHA Phase-VIII can contact us for negotiations.

 

For Further Details of Property Requirements, Please visit Category “Real Estate Deals” of our website.

 

Contact No. 0321-2057582

Share of widow in Property and inheritance rights of widow

A widow is indeed entitled to a share of the inheritance from the property which belonged to her deceased husband; but she would not be entitled to inherit anything from the property which belongs to her father-in-law, or any other blood relative of her deceased husband, absolutely regardless of whether she has married again or not, or whether she has off-spring or not.

The widow is entitled only to a percentage of the inheritance left behind by her deceased husband; 1/4th if they have no children from the marriage, and 1/8th  if the couple have children.

The best team of our lawyers always assist the clients to get their rights. We provide complete Free Legal Advice to widow woman as a Sadqa and Zakkat , for getting their Legal rights and getting their proper share in property of their deceased husband. Sometimes a Widow lady is unable to pay our professional Fees, we file her case without fees, thereafter they pay our fees as per their convenience.

Our Goal is to fight for the rights, therefore we always provide better ways to our clients to achieve their legal rights without any over burden of litigation costs.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Criminal Law

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the case, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the Pakistan are established by Provincial and federal governments.
Crimes include both felonies (more serious offenses – like murder or rape) and misdemeanors (less serious offenses – like petty theft etc ). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or “actus reus,” and a mental state, or “mens rea”. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the judge “beyond a reasonable doubt” of every fact necessary to constitute the crime charged.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

Email: info@irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Commercial Real Estate

Irfan Mir Halepota & Associates commercial real estate department has grown over the last decade to provide the core legal support to some of Karachi’s largest commercial builders and residential developers, working in high volume multi-unit sales and conveyancing support. Our team can service all of your day-to-day leasing needs, from portfolio managers seeking cost-effective, efficient and judicious management of a diverse cross-section of properties, to entrepreneurs looking for the latest trends and rates as they prepare for their firm’s next big move. If you want to get any further legal advise about property.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Best Patent & Trademark Law Firm in Karachi Pakistan

TrademarkIrfan Mir Halepota & Associates is one of the largest and most diversified intellectual property law firms in Pakistan, based in Karachi. Legal Services are been provided since 2003 to the local and Pakistani leading organization for registration of Trademark, Patents, copyrights.

Law FirmWe have been providing intellectual property solutions for our Pakistani and global clients since 2003. As a full service Intellectual Property Law Firm in Karachi, Pakistan, we cover all of our clients’ intellectual property needs, from litigation, prosecution, licensing and counselling services relating to patents, trademarks, copyrights and trade secrets, to unfair business and unfair trade practices.

PakistanIn details we also deal with Trademark Search Pakistan,  Trademark Registration Pakistan, Trademark Publication Pakistan,  Trademark Search,  Trademark Registration,  Trademark Renewal,  Trademark Assignment,  Trademark Licensing,  Trademark Pakistan Protection,  Trademark Pakistan Process,  Trademark Pakistan Enforcement,  Trademark Pakistan Assignment,  Trademark Pakistan Benefits.

Top Law Firms in Karachi PakistanFor more information please visit our website

Regular Website:  http://www.irfanlaw.com

Telephone:          0321 205 7582

 

Income Tax Law Firm in Karachi Pakistan

top_law_firms_pakistanThe lawyers of Irfan Mir Halepota & Associates understand the challenges Pakistani businesses face as the federal and provincial tax systems grow ever more complex. Our mission is to decipher that complexity and provide sensible, business-oriented services to our clients on income tax and Sales Tax matters.

Our business clients routinely ask us to help structure their corporate transactions in a tax-effective manner, including reorganizations, estate freezes, and the purchase and sale of businesses and assets. We deliver tax advice from beginning (new corporations, partnerships and joint ventures) to end (business succession and estate planning) and all points in between.

Dealing with tax authorities isn’t always easy, but almost everyone has to do it eventually. We help individuals, corporations and trusts work with the CBR on a range of income tax or Sales Tax matter matters, including audits, negotiations, collections, objections to a reassessment, and voluntary disclosures.

We maintain an excellent reputation to resolve our clients’ matters efficiently and cost-effectively manner. But when agreements can’t be reached, our litigation expertise guides clients through appeals to the Tax Court and Tribunal of Pakistan.

We provide following services to our clients

  • Tax returns and Challans.
  • Reply to Show Cause Notices.
  • Tax Compliance.
  • Documentation of Tax record.
  • TAX LITIGATION
  • Legal Representation before Taxation Officer and Hon’able Superior Courts of Pakistan.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com