Categories
Employment

The Civil Servants Act, 1973

The Civil Servants Act, 1973 is an Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan.

Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf.

An initial appointment to a service or post not being an ad hoc appointment, shall be on probation as may be prescribed. Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed.
Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,–
(a) if he was appointed to such service or post by initial recruitment, be discharged ; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged

A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.

A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
The seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed. Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed. Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) in the case of a selection post, on the basis of selection on merit; and
(ii) in the case of a non-selection post, on the basis of seniority-cum-fitness.

Every civil servant is to be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government. Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :

The service of a civil servant may be terminated without notice-
(i) during the initial or extended period of his probation :
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one [service], cadre or post to another [service] cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [service] cadre or post but he shall be reverted to his former [service], cadre or post as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [service] the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily he the one who is the most junior in such cadre or service.
(3) notwithstanding the provisions of sub-section (1), but subject to the provisions of sub-section (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days” notice or pay in lieu thereof.
 

A civil servant shall retire from service on the completion of the sixtieth year of his age.

A retired civil servant shall not be re-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority :
Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.
(2) Subject to the provisions of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seek any private employment:
Provided that, where employment is sought by a civil servant while on leave preparatory to retirement or within two years of the date of his retirement, he shall obtain the prior approval of the prescribed authority.

Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him.such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order -nay. within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order:
Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade.

 

Fell Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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

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

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.

Categories
Intellectual Property

Merkregistratie Lasten in Pakistan

Top Law Firms in Karachi PakistanMerkregistratie Lasten in Pakistan

Advocatenkantoren informatie over honoraria ( inclusief taksen ) voor het indienen Merken die in Pakistan : –
Recherchetaks Een klasse :

Recherchetaks USD 80,00

Levering binnen 5 werkdagen .

Zoek vergoeding per extra klasse woordmerk of Logo:

Zoek vergoeding is ongeveer USD 65,00

Levering binnen 5 werkdagen .

Vullen en Inschrijvingsrecht inclusief taksen Een klasse ( straight forward geval ) Word of logo :

Merkaanvraag Vullen vergoeding USD 140,00 .

( Geschatte Proces Duur : 10 maanden )

Kentekenbewijs vergoeding USD 180,00

( Geschatte Tijdlijn : 15 werkdagen om Kentekenbewijs krijgen )

Vullen en Inschrijvingsrecht inclusief taksen per extra klasse ( straight forward geval ) Word of logo :

Handelsmerk Vullen vergoeding USD 120,00 .

( Geschatte Proces Duur : 10 maanden )

Handelsmerk Registratie kosten USD 160.00

( Geschatte Tijdlijn : 15 werkdagen om Kentekenbewijs krijgen )

 

Neem dan contact met ons op voor gedetailleerde overleg .

Telefoon : +92 321-2057582

Regelmatig Website : http://www.irfanlaw.com
E-mail : info@irfanlaw.com

 

Let op : Prijzen zijn inclusief alle juridische en professionele honoraria . Onze kosten konden variaties tijdens het registratieproces alleen in geval van wijzigingen met betrekking tot de officiële taksen of wisselkoersen. Kosten niet wettige verweermiddelen bevatten in geval van tegenstellingen of bezwaren .

Tijdschema van de merkregistratie proces is slechts een schatting en kan sterk variëren eventuele bezwaren en / of tegenstellingen worden gepresenteerd , of andere gebeurtenissen voordoen tijdens de merkregistratie proces .

Categories
Intellectual Property Patent

Patent and Design Registration in Karachi Pakistan

 

Top Law Firms in Karachi PakistanPatent for an invention is grant of exclusive rights 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 owner. Mere idea or suggestion is not a patent.

Lawyer, Attorneys & Advocates at Irfan Mir Halepota & Associates provide following services in the field of Patent:

  • Patent Prosecution, preparing and filing patent applications
  • Patent searches
  • Oppositions
  • Patent Monitoring
  • Drafting and filing petitions for extension of a term of patent
  • Restoration applicants for lapsed patents
  • Licensing
  • Registration  of assignments, transmissions, etc.
  • Infringement Actions

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of Irfan Mir Halepoa & Associates.

Feel Free to Contact Us for further consultation.

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

Cell Phone: +92 321 205 7582

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: 03212057582


Categories
Intellectual Property

Copyright Registration in Pakistan

Top Law Firms in Karachi PakistanIrfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500 and HG. It is also considered as one of the Best Law Chambers and Partners having well reputation in Karachi, Pakistan.

Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, cinematographic, recording and certain other intellectual works.

We provide following services in the field of Copyright:

  • Conducting copyright search
  • Registration, filing and prosecuting copyright application
  • Copyright Oppositions
  • Drafting of license agreements
  • Infringement proceedings
  • Litigation

Feel Free to Contact Us for further consultation.

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

One of the most leading International Law Firms in Karachi Pakistan, dealing with Registration of International Copyrights, Copyrights disputes, applications for registration of copyrights, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Intellectual Property

Trademark Registration Charges in Pakistan

 

Top Law Firms in Karachi PakistanDetails of Professional Fees (including Official Fees) for filing Trademarks in Pakistan  for International Clients and Law Firms.

We are offering special discounted Fees offer for International Clients as under :-

Pakistani Local Clients can email for details of Fees in Pakistani Rupees.

 

Search fee One class:

Search fee USD 80.00

Delivery within 5 working days.

 

Filling and Registration fee including Official Fees One class (straight forward case) Word Mark or Logo:

Trademark application Filling fee  USD 140.00

(Estimated Process Duration: 10 months)

Trademark Registration Certificate fee USD 180.00

(Estimated Timeline: 15 business days to get Registration Certificate)

 

 

Please Contact Us for detailed consultation.

Telephone: 0092 321 205 7582

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

Note: Prices include all legal and professional fees. Our Charges could have variations during the registration process only in case of changes concerning the Official Fees or exchange rates. Charges do not include legal defenses in case of oppositions or objections.

Timeframe of the trademark registration process is only an estimate and it may vary considerably if any objections and/or oppositions are presented, or other events occur during the trademark registration process.

Prosecution

Reply to overcome office objections 150
Communicating and Reporting official objections / citation and advising 50
Late filing of documents 25
Arguments on classification 60
Arguments on services 60
Attending each hearing in disputed cases 50
Publication charges of a mark application in the Official Gazette 75
Obtaining a certified copy of a trademark 50

Renewal & Restoration

Renewal of trademark or service mark registration in one class for 10 years 125
Restoration of a removed mark 75

Assignment & License

Recording assignment within six month of the grace period 175
Recording assignment after 6 months of the grace period 200
Recording merger within six month of the grace period 175
Each other trademark in the same document 75
Recording merger after six month of the grace period 200
Each other trademark in the same document 75
Preparing assignment deed 75
Recording a change of the owner’s name against a registered mark 30
Recording a change of owner’s name for each additional mark in the same document 80
Recording a change of owner’s address against a registered mark 80
Recording a change of owner’s address for each additional mark in the same document 40
Preparing a license agreement 500
Preparing a statutory declaration 75
Recording a license for each additional mark in the same document 100
Amending a license agreement 100
Cancellation of license (per registration) 75
Opposition & Rectification
Drafting and filing of Interlocutory Petition 250
Applying for extension of time request 40
Drafting and filing of Notice of Opposition 500
Preparing Affidavit in Evidence alongwith evidence 600
Hearing on merits (each hearing)   50
Filing a Notice of Rectification (Before Registrar) 1000
Patents
Search for a patent 150
Filing patent application up to 40 pages and 20 claims 250
Fees for each additional page of specification beyond 40 pages  2
Fees for each additional claim beyond 20 claims 4
Reporting official action 60
Reporting of primary action 60
Amendment to the Application upon the Patent’s office objection 75
Claiming convention priority 40
Reporting acceptance 25
Reporting publication 25

 

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

Categories
Environment Law

ENVIRONMENTAL TRIBUNAL RULES,

ENVIRONMENTAL TRIBUNAL RULES, 1999

Some Definitions as described in Pakistan Environmental Tribunal Rules as as under :-

“Act” means the Pakistan Environmental Protection Act, 1997

“Bench” means a bench of tribunal comprising the Chairperson
and at least one other Member;

“Chairperson” means Chairperson of the Tribunal;

“Corporation service” means employment in a corporation or other
body set up, established, owned, managed or controlled by the Federal or
a Provincial Government;

“Director General” means the Director-General of the Federal
Agency;

“Member” means member of the Tribunal;

“Service of Pakistan” shall have the same meaning as defined
clause (1) of Article 260 of the Constitution of the Islamic Republic of
Pakistan, 1973;

“Tribunal” means Environment Tribunal established under subsection
(1) of section 20 of the Act and includes a Bench.
(2) All other words and expressions used in these rules but not defined shall
have the same meanings as are assigned to them in the Act.

The term of office of the Chairperson and Members shall not exceed three
years: Provide that the Federal Government may extend the term of office of the
Chairperson or any Member for such period, not exceeding three years, as it may deem fit.

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

Telephone: 0321-2057582

Website:  http://www.irfanlaw.com

 

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

Categories
Family Laws Pakistan

Polygamy

Polygamy

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

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


Categories
Intellectual Property Patent

Application for Registration of a Patent in Pakistan

Application for registration of a patent in Pakistan

The Patent law of Pakistan requires every application for the patent to be on the prescribed form and to contain a declaration to the effect that the applicant is in possession of an invention of which he, or in the case of joint application, at least one of the applicants, claims to be the true and the first inventor. As per Pakistani law each application to be in respect of one invention only or to be in respect of a group of inventions so linked as to form a single inventive concept. Complete or provisional specifications are required to accompany the application. Every complete specification is required,-

      (a) to fully and particularly describe the invention and the method by which it is to be performed;

(b) disclose the invention; and

(c) end with a claim or claims defining the scope of the invention for which protection is claimed.

The claim or claims of a complete specification are required to relate to a single invention, to be clear and succinct and to be fairly based on the matter disclosed in the specification. An abstract is also required to be furnished.

The new law requires each application to be accepted or refused in eighteen months (or twenty-one months, in case an application for extension of time is filed) from the date of the filing. Once accepted, each application will be open for opposition for four months from the date of its publication in the Gazette.

Additional information and documents relating to foreign applications:

Section 20 of the Patent law empowers the Controller to require foreign applicants to furnish date and number of any application for patent filed by the foreign applicant abroad relating to the same or essentially the same invention as that claimed in the application filed in Pakistan. The applicant, when required by the Controller, is required to furnish with the following documents relating 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);

(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).

 

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