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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.

 

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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

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

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


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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


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Trademark

President of Islamic Republic of Pakistan promulgates Intellectual Property Organization (IPO) Ordinance 2012

Top Law Firms in Karachi Pakistan

President Asif Ali Zardari, on 24th April 2012, promulgated the Intellectual Property Organization (IPO) Ordinance 2012.

 Now IPO will have powers for giving legal cover to local and foreign businesses and bound law enforcement agencies in inflicting and protecting trademark, copyright and patent infringement laws.

Pakistan is currently on the United States’ “Priority Watch List”, regarding protection and enforcement of intellectual property rights (IPR) and is making efforts to come out of the list to boost foreign businesses, trade and investment in the country.

Last year, the USTR annual ‘Special 301 Report’ that reviewed trading partners’ protection of intellectual property rights, put 12 countries on it Priority Watch List including: China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Thailand and Venezuela.

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 Intellectual Property and Trademark Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
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.