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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

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
Intellectual Property

Intellectual Property Law Firm in Karachi Pakistan

 

Top Law Firms in Karachi PakistanThe Definition of Intellectual Property Rights is the rights which refers to the creations of the human mind such as artistic work; musical work; literary work; inventions; symbols; names; images; designs use in commerce; copyrights; trademarks; patents and related rights. These rights give exclusive right to the creators of such work to use, perform, transfer or sell these rights. On the same hand if any individual, firm, company etc. uses these rights without permission or authority of the owners of theses rights then they have the right to initiate court proceedings against the infringers by way of damages, injunctions and accounts.

Irfan Mir Halepota & Associates specializes in Intellectual Property Laws. We advise on the protection and registration of trademarks, copyrights, patents, industrial designs, geographical indications, Internet domain names, etc. in Pakistan.

Irfan Mir Halepota & Associates also advises on information and technology transfers and drafts and negotiates licensing and franchising agreements.

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

Please Contact Usfor detailed consultation.

For more information visit our website

Website Home page:  http://www.irfanlaw.com

 

Call:          +92 (0)321 205 7582

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

Categories
Intellectual Property Trademark

Automated publication of Trade Mark Journal introduced

The digital publication of Trademark Journal has been introduced in the Trademark Registry of Intellectual Property Organization (IPO), which was long awaited demand of the right owners.
The automated publication of TM Journal would enable the applicants to get their Trademarks registered without any unnecessary delay.

The Digital Publication of Trade Marks Journal (TMJ) would bring Pakistan at par with the developed countries like UK, Australia and Singapore that are already doing Digital Publication of Trade Marks Journal.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

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

 

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