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Intellectual Property Patent

Infringement of Patent in Pakistan

Infringment of Patent in Pakistan, Section 61 of the law lists reliefs that a Court may grant in suits for infringements. These include,-

    • (a) to order to desist from infringement,

(b) to prevent the entry into the channels of commerce of imported goods that involve the infringement immediately after custom clearance of such goods;

(c) to order the infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement;

(d) to pay the right holder expenses which may include appropriate attorney’s fee;

(e) in appropriate cases, to order recovery of profits, damages and pre-established damages even where the infringer did not knowingly or with reasonable ground to know, engage in infringing;

(f) to order that goods found to be infringed be, without compensation of any sought, disposed off outside the channels of commerce;

(g) to order the material and implements the predominant use of which has been in the creating of infringing goods be, without compensation of any sought, disposed off outside the channels of commerce in such a manner as to minimize risk of further infringement, and in considering such orders, the need for proportionality between seriousness of infringement and remedies ordered as well as interests of third parties shall be taken into account;

(h) unless this would be out of proportion to the seriousness of the infringement, 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; and

(i) to order a party at whose request measures were taken and who has abused enforcement procedure, to provide to a party wrongfully enjoined or restrained, adequate compensation for injury suffered because of such abuse.

The Court is also granted powers to order prompt and effective provisional measures.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Commercial, Intellectual Property & Trademark Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

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Intellectual Property

Registro de Marcas en Pakistán Procedimiento Paso a Paso

Registro de Marcas en Pakistán Procedimiento Paso a Paso

Paso a Paso Procedimiento de Registro :

Paso 1 : Los clientes envían un espécimen de la marca ( por correo electrónico o fax o correo postal ), una lista detallada de los productos abarcados por la marca y al mismo tiempo hacer el pago por la búsqueda previa a la notificación a We mediante transferencia o cheque ;

Paso 2 : Realizamos la búsqueda de pre- presentación y preparamos informe de búsqueda y correo electrónico los informes de búsqueda a los clientes;

Paso 3 : (Si los resultados de la búsqueda indican que la aplicación es probable que sean aceptadas y los clientes deciden proceder ) Los clientes nos envían la copia fotostática de la prueba de identidad ( copia del pasaporte para el individuo y el Certificado de Incorporación o Licencia Comercial de Registro ) y, al mismo tiempo de hacer el pago por la búsqueda previa a la notificación a nosotros por las remesas a través del Banco de Western Union;

Paso 4 : Preparamos los formularios de solicitud de inscripción y poder notarial ( POA) .

Paso 5 : Los clientes envían el POA debidamente ejecutado . El POA debe escriturar por un abogado cualificado local;

Paso 6 : Se presentara los documentos de la solicitud a la Oficina de Registro de Marca Pakistán.

Paso 7 : La Oficina de Registro de Marca Pakistán realizar exámenes y otros procedimientos , y si no hay objeciones recibidas, la Oficina de Marcas de Registro Pakistán emite el Certificado de Registro ;

Paso 8 : Nosotros reenviamos el Certificado de Registro a los clientes.

Escala de tiempo

Actualmente se está llevando aproximadamente 2-3 años para obtener una marca en Pakistán.

 

Si necesita más información, no dude en contactar con nosotros para su consulta detallada.

Teléfono: +92 321-2057582

Sitio web regular: http://www.irfanlaw.com

 

Trademark Law Firm en Karachi, Pakistán Solicitud de Marcas , Solicitud de registro de la marca en Pakistán , el proceso de registro de marca en Pakistán desde EE.UU. , Inglaterra y Gales , Francia, Japón , Canadá, Alemania, Nueva York , China , Taiwán , Dubai, Emiratos Árabes Unidos.

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Intellectual Property

Punishments for infringement of Copyright in Pakistan

Top Law Firms in Karachi PakistanPenalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and cinematographic work shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty for exploitation and appropriation of recording or audiovisual work intended for private use shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty for making copies or reproduction in excess of those authorized by the copyright owner or his successor in title shall be punishable with imprisonment which may extend to three years or with fine or with both.

Penalty of unauthorized rental of cinematographic works and computer programs shall be punishable with imprisonment which may extend to three years or with fine or with both.

Possession of plates for purpose of making infringing copies shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false entries in the Register, etc., or producing or tendering false evidence shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with fine or with both.

Penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with fine or with both.

False attribution or authorship, etc. shall be punishable with imprisonment which may extend to two years or with fine or with both.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

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

 

Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Copyright infringement Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

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Intellectual Property

Pakistan Trademark Search & Registration

Top Law Firms in Karachi Pakistan

Irfan Mir Halepota & Associates is a Law Firm specializes in the trademark search and trademark registration in Pakistan, based at Karachi.

Trademark team of Irfan Mir Halepota & Associates at Karachi Office consists of fully qualified professionals and Best Trademark Attorneys in Pakistan, who is actively involve in the trademark law and trademark application that is trademark search and trademark registration in Pakistan.

Our trademark Attorney will ensure that your logo or your brand will receive full trademark protection and trademark enforcement in the Pakistan market.

Trademark Search PakistanIn Pakistan Trademark search is optional. However,  it is advisable to conduct a trademark search before filing an application to ensure if there is any prior registered trademark in Pakistan in respect of the area of your business.

Trademark registration in Pakistan gives Local and International company the exclusive right to prevent others from marketing the identical goods under the same or similar trademark in Karachi, Lahore, Islamabad including whole Pakistan. In Pakistan Trademark registration is indeed important to obtain exclusive rights for purposes of exploitation and commencing infringement actions.

Irfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500, HG and other International Directories of Law Firm.

 

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Intellectual Property & Trademark Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

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Intellectual Property

Infringement of Copyright in Pakistan

Infringement of Patent in Pakistan

    • There are two remedies for breach of copyright and Patent in Pakistan; civil proceedings and criminal proceedings. Accordingly, a person whose copyright has been infringed is able to sue for damages, claim an injunction, an account of the profits gained by the defendants as a result of the infringement, delivery up of infringing articles etc. Recently added section 74(3) of the Ordinance provides that all offences under the Ordinance are cognizable and non-bailable. Section 59 of the Ordinance provides that an action may be brought by the original owner of the copyright, which, inter alia, include the person to whom an exclusive licence has been granted. Amended Section 65 of the Ordinance provides that every suit or other civil proceedings regarding infringement, at the discretion of the applicant, should be instituted and tried in the Court of the District Judge.

Section 66 of the Ordinance,  provides that any person who knowingly infringes or abets the infringement of the copyright in a work (defined to include computer programmes), or any other right conferred by the Ordinance shall be punishable with imprisonment which may extend to 3 years, or with fine which may extent to one hundred thousand rupees (one US dollars nearly equals twenty five rupees), or with both. Additionally, Section 70B of the Ordinance provides that where any person convicted for an offence punishable under, inter alia, Section 66 is again convicted for the same offence, he shall in such event be imposed with a fine (beside the imprisonment which may extent to 3 years) upto rupees two hundred thousand.

Section 74(1) of the Ordinance now gives additional powers to police to seize infringing copies of the work. The section empowers any police officer, if he is satisfied that an offence in respect of infringement in any work has been, is being, or is likely to be committed, to seize without warrant all copies of the work and all plates and recording equipments used for the purposes of making infringed copies of the work, wherever found, and all copies, plates and recording equipments so seized shall, as soon as possible, be produced before a Magistrate.

Section 71 of the Ordinance provides that where an offence under the Ordinance is committed by a company, every person who at the time was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company is deemed to be guilty of such offence and is liable to be proceeded against and punished accordingly. Except in the circumstances, the accused proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence, he is deemed guilty.

 

Submit Your Query For a Legal Advice

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

 

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Intellectual Property

Application for Protection of Copyright in Pakistan

Application for Protection of Copyright in Pakistan

Recommended Law Firm in Karachi Pakistan by Legal 500
Recommended Law Firm in Karachi Pakistan by Legal 500

The following persons are legally entitled to submit an application form:

  • The author. This is either the person who actually created the work or, if the work was made for hire, the employer or other person for whom the work was prepared.
  • The copyright claimant. The copyright claimant is defined in Copyright regulations as either the author of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author. This category includes a person or organization who has obtained by contract the right to claim legal title to the copyright in an application for copyright registration.
  • The owner of exclusive right(s).Under the law, any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned separately, even though the transfer may be limited in time or place of effect. The term “copyright owner” with respect to any one of the exclusive rights contained in a copyright refers to the owner of that particular right. Any owner of an exclusive right may apply for registration of a claim in the work.
  • The duly authorized agent of such author, other copyright claimant, or owner of exclusive right(s). Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for registration.

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
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Intellectual Property

Works protected under Copyright in Pakistan

Works protected under Copyright in Pakistan

What Works Are Protected

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyright-able works include the following categories:

  1. literary works;
  2. musical works, including any accompanying words
  3. dramatic works, including any accompanying music
  4. pictorial, graphic, and sculptural works
  5. motion pictures and other audiovisual works
  6. sound recordings
  7. architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”.

What Is Not Protected by Copyright

Several categories of material are generally not eligible for copyright protection. These include among others:

  • Works that have not been fixed in a tangible form of
  • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).

Submit Your Query For a Legal Advice

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


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Intellectual Property

Copyright in Pakistan

What is Copyright in Pakistan ?

Copyright PakistanCopyright in Pakistan is a form of protection provided to the authors of “original works of authorship,”. Under the Pakistani Law Copyright includes literary, dramatic, musical, artistic, and certain other intellectual works. This protection of Copyright in Pakistan is available to both published and unpublished works. The owner of copyright has the exclusive right to do and to authorize others to do the following in Pakistan:

  • To reproduce the work in copies or phonorecords;
  • To prepare derivative works based upon the work;
  • To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  • To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
  • In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
Recommended Law Firm in Karachi Pakistan by Legal 500
Recommended Law Firm in Karachi Pakistan by Legal 500

As per Pakistani Intellectual Property Law, specially Copyright Law It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright . These rights, however, are not unlimited in scope, the copyright law establishes limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is of “fair use,” In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law, We are always happy to provide legal assistance to Pakistani and International Clients.

Submit Your Query For a Legal Advice

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

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.

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Intellectual Property Patent Trademark

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