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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 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

 

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Intellectual Property

Varemerkeregistrering i Pakistan trinnvis fremgangsmåte

Varemerkeregistrering i Pakistan trinnvis fremgangsmåte

Step by Step Registrering Fremgangsmåte:

Top Law Firms in Karachi PakistanTrinn 1 : Klienter sende et eksemplar av varemerket ( via e-post eller faks eller post ) , en detaljert liste over produkter som skal dekkes av varemerket og samtidig gjøre betaling for den pre – filing søk til vi ved remittering eller sjekk ;

Trinn 2 : Vi utfører pre -filing søk og forberede granskingsrapport og sende søke rapporter til kunder ;

Trinn 3 : ( Hvis søkeresultatene tyde på at programmet er sannsynlig å bli akseptert og kunder velger å fortsette ) Klienter sende oss Photo kopi av identitet bevis ( pass kopi for individuell og firmaattest eller Registrering Business License ) og på samme tid gjøre betaling for den pre – filing søk til oss remittering gjennom Bank of Western Union ;

Trinn 4 : Vi forbereder påmelding søknadsskjemaer og fullmakt (POA ) .

Trinn 5 : Klienter sende behørig henrettet POA. POA skal notarize av en lokal kvalifisert advokat ;

Trinn 6 : Vi sender søknadsdokumentene til Pakistan varemerkeregistering Office.

Trinn 7 : The Pakistan Trademark Registration Office utføre undersøkelse og andre prosedyrer , hvis ingen innvendinger mottatt, utsteder Pakistan varemerkeregistering Bureau deretter attest ;

Steg 8 : Vi videreattesttil klienter .

tid Scale

Foreløpig er det tar ca 2-3 år å få et varemerke i Pakistan .

 

Hvis du trenger mer informasjon , gjerne kontakt med oss for nærmere konsultasjon .

Telefon : +92 321-2057582

Regelmessig Hjemmeside : http://www.irfanlaw.com

 

Trademark Law Firm i Karachi , varemerkesøknad Pakistan , Søknad om registrering av varemerket i Pakistan , Varemerkeregistrering prosessen i Pakistan fra USA , England og Wales , Frankrike , Japan , Canada , Tyskland , New York , Kina , Taiwan , Dubai , UAE .

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Intellectual Property

Trademark Watch in Pakistan

 

Trademark Watch

Top Law Firms in Karachi PakistanAs we all know the worth trademark in the corporate sector that used to protect the goodwill and support to maintain the reputation while promoting the respective products and services. Under the registration of trademark; it takes time while searching unique trademark and its takes finance while filing an application altogether trademark is a precious element foe any of the business or company that needs to be protected under any condition. In comparison of last few decades; the rising cases of misuse and maltreat has compelled to follow the procedure of trademark watch.

To come over with these issues and matters related to trademark protection here we bring you with trademark watch where our legal team will keep an eye on every proposed trademark and other new arrivals in order to offer complete services in trademark protection.

Trademark Watch Services Pakistan

Under trademark watch services all the needful steps and procedures need to take while filing an objection against similar types of trademarks in Pakistan. Here, our legal team of Intellectual Property and other business lawyers will make you with every step how to process with objection application. On the entry of every similar or objectionable trademark; the legal team will notify to their clients where the respective client will make a decision whether to go ahead with filing an application or set free to the same.

Thus, if you are looking for any of the prominent legal firm that brings valuable services at your door step in respect of trademark protection, Trademark litigation or prosecution under the trademark watch then just contact at here where you will find a team of professionals render the best services in trademark watch in Pakistan that not only protects your trademark but also suggest you how best you can make use of your Trademark while promoting the business.

Trademark Watch, Trademark Watch in Karachi, Trademark Watch in Pakistan, Trademark Watch in Pakistan from Germany, Trademark Watch in Pakistan from United States of America, Trademark Watch in Pakistan England, Trademark Watch in Pakistan from London, Trademark Watch in Pakistan New York, Trademark Watch in Pakistan Canada, Trademark Watch in Pakistan from Japan, Trademark Watch in Pakistan from China, Trademark Watch in Pakistan from Hongkong, Trademark Watch in Pakistan Dubai, Trademark Watch in Pakistan from France.

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.

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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

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Corporate Law

International Trade

Top Law Firms in Karachi PakistanWe are one of a handful of law firms offering legal and policy advice on matters relating to the WTO. Our firm deals with issues concerning Anti-Dumping investigations, accounting compliance, Rules of Origin as well as focusing on general international trade issues, including the sale of goods, transport, payment, insurance, alternative dispute resolution procedures, and other associated aviation and maritime law issues.

We advise both local and international companies on a full range of legal issues from non-contentious corporate and commercial matters, including major project work; establishing and conducting business in Karachi Pakistan, joint ventures, mergers and acquisitions, employment matters, distributions and franchise arrangements. For international Clients having legal issues in Dubai, Abu Dhabi, Qatar and other Gulf cities and areas prefer to engage us due to cost effectiveness. We charge very reasonable professional Fees for International Arbitration in Dubai, Abdu Dhabi, Qatar and Gulf cities and areas.

Our firm has given various presentations for the Ministry of Commerce (WTO Wing) to create awareness on practical issues effecting stakeholders due to WTO compliance. We also work closely with UNCTAD and the International Chamber of Commerce Pakistan in formulating and advocating regulatory compliance with the WTOs various agreements including TRIPS, SPS, GATS, TRIMS, etc.

Our Services

§ WTO related transactions and policy advice on compliance with issues concerning Rules of Origin, Anti-Dumping, IPR, and Textiles Export.

§ – Carriage of Goods by Air, Sea, Land

§ – International Transport & Trade

§ – International Sale of Goods & Services

§ – International Project Finance & Joint Ventures

§ – Export and Import Credit Insurance and Guarantees

§ – Commodity Contracts

§ – Electronic Commerce

§ – International Finance

§ – Admiralty & Maritime Law

§ – Admiralty Practice and Procedure

§ – Marine Insurance

§ – Insurance & Reinsurance – Oil Pollution

§ – Port State Control

§ – Salvage

§ – Alternative Dispute Resolution

§ – International Arbitration

§ – International Enforcement of Intellectual Property

§ – Issues relating to the General Agreement on Trade in Services

§ – Matters relating to Trade-related Aspects of Intellectual Property Rights.

 

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

Telephone: 0321-2057582

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

 

Submit Your Query For a Legal Advice

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


Categories
Intellectual Property Trademark

Trademark Registration in Pakistan Step by Step Procedure

 

Step by Step Registration of Trademark in Pakistan Procedure:

Top Law Firms in Karachi PakistanStep 1: Clients send  a specimen of the trademark (by email or fax or post) , a detailed list of products to be covered by the trademark and at the same time make payment for the pre-filing search to We by remittance or check;

Step 2: We conduct the pre-filing search and prepare search report and email the search reports to clients;

Step 3: (If the search results indicate that the application is likely to be accepted and clients decide to proceed) Clients send us the Photostat copy of identity proof (passport copy for individual and Certificate of Incorporation or Business Registration License) and at the same time make payment for the pre-filing search to us by remittance through Bank of Western Union;

Step 4: We prepare the registration application forms and Power of Attorney (POA).

Step 5: Clients send the duly executed POA.  The POA must be Notarize by a local qualified Lawyer;

Step 6: We submit the application documents to the Pakistan Trademark Registration Office.

Step 7: The Pakistan Trademark Registration Office perform examination and other procedures; if no objection received, the Pakistan Trademark Registration Bureau then issues the Certificate of Registration;

Step 8: We forward the Certificate of Registration to clients.

Time Scale

Currently it is taking approximately 2-3 years to get a trademark in Pakistan.

 

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

Telephone:  +92 321-2057582

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

 

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

 

Trademark Law Firm in Karachi,Trademark Application Pakistan, Application for registration of Trademark in Pakistan, Trademark registration process in Pakistan from USA, England & Wales, France,  Japan,  Canada,  Germany,  New York,  China,  Taiwan,  Dubai, UAE. 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.

 

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About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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