TRADEMARK

　　Trade Marks Registry (TMR) is premier body of Intellectual Property Organisation of Pakistan (IPO-Pakistan) working for the registration of trade and services marks under the Trade Marks Ordinance, 2001. It is a federal government body and its jurisdiction for trade and services marks lies within the geographical boundary of Pakistan. It works as a civil court and its decisions are appealable at the provincial high courts. The Trade Marks Registry is headed by a Registrar and its office is located in Karachi.

Proceeding of Trademark Registration

　　The application is filed at the Trademarks Registry. 　　A separate application has to be filed for each class. 　　It is possible to file other similar trademarks as series trademarks in the same application. 　　Foreign applicants need a local agent. 　　A notarized power of attorney is necessary. 　　The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. 　　The first office action is taken after approx. 7 to 9 months approximately. The whole procedure from application to registration takes around 2 to 3 years approximately. 　　Prior to registration, the trademark application is published in the monthly "Trademarks Journal". 　　A trademark registration is valid for 10 years from date of application. 　　The registration is renewable for periods of 10 years. 　　

PATENT

　　Effective January 1, 2005, Pakistan has entered into the product per se patent protection regime in the field of pharmaceutics and agriculture. With the new regime, the “Black Box” application era has ended up. The old system of UNIFORM filing is now restored. There is, however, no development as to when Pakistan is going to sign the Patent Cooperation Treaty (PCT). 　　Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law, including novelty, inventiveness and industrial application. In case of rejection, the applicant has the right to appeal to the High Court within 90 days as of the date of receiving the notification of rejection. 　　Accepted applications are published in the Official Gazette and any interested party has the right to appeal to the Controller of Opposition within 120 days as of the date of publication in the Official Gazette. In the absence of opposition, the letters patent is issued. 　　The right to a patent may be assigned or licensed. An assignment shall have no effect against third parties, unless it has been recorded at the Patent Office and published in the Official Gazette.

Patentable Inventions In Pakistan

      In order to be patentable an invention should have the following characteristics: 　　(i) The invention is new. 　　(ii) It involves an inventive step. 　　(iii) It is capable of industrial application. 　　(iv) It should not be contrary to law or morality. 　　Under the Patents Ordinance and Rules, the Patents Office is however chiefly concerned with (i) and (ii) and (iv) only. 　　

DESIGNS

　　An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. 　　Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. 　　An industrial design is primarily of an aesthetic or visual nature, and does not relate to the technical features of an article. 　　Designs and industrial models are protected in Pakistan through registration with the competent office. 　　An application for a design registration is examined with respect to compliance with the formalities and patentability provided for under the design law including novelty and distinctiveness. 　　The registered design shall be protected for 10 years as of the filing date or priority date. Protection period may be extended for two further periods of 10 years. 　　The renewal application may be filed during the last 6 months of the 10th year of the protection period. However, a late renewal is possible upon the payment of a fine, within 6 months from the expiration of the protection period. Registration, assignment, or cancellation of a design or industrial model registration shall be published in the Official Gazette and entered in the register.

Disadvantages of Unregistered Designs

　　  - The owner is unable to prevent unauthorized copying or limitation of his or her design by third parties. 　　- Unprtection of industrial designs discourages unfair competition & dishonest trade practices. 　　

COPYRIGHTS

　　Copyright is a set of exclusive rights granted to the owner for a limited time to protect the particular form, way or manner in which an idea or information is expressed. Examples literary & artistic work, music, films, paintings, sculptures, computer programs and database etc, Copyright is Moral and economic rights of authors/ writers, publishers, performers and producers of sound recordings (phonograms). Duration of Copyright protection is life time of the author plus 50 years thereafter. 　　Copyright work/Copyright registration can categorized by following Parts: · 　　  - Part-I: Literary works (Books, Magazines, Journals, Lectures, Sermons, Dramas, Novels, and also including Computer Programs and Compilation of Data) · 　- Part-II: Artistic works (Paintings, Photographs, Maps, Charts, Calligraphies, Sculptures, Architectural Works, Drawings, Label Designs, Logos, Monograms etc). 　　- Part-III: Cinematographic works (Motion Pictures, Video Cassettes, VCD’s, DVD’s，etc.). 　　  - Part-IV: Records Works (Audio Cassettes and CD’s). 　　Under Pakistan's Copyright Ordinance of 1962 and its amendments of 2000, original works of literature, art and science, regardless of type, significance or purpose are protectable. 　　Protection includes works of art expressed in writing, sound, drawings, photography and motion pictures, such as books, speeches, oral works, dramatic works, musical composition, films, phonographic works and applied art. Such works are protected for the lifetime of the author plus 50 years following his/her death. 　　Civil remedies by way of injunction and/or damages, and criminal remedies by way of fine and imprisonment are available through the courts of Pakistan. Police raids are also permissible. 　　Pakistan is a member of the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention.

Steps of Registration of Copyright

　　1. Filing of application 　　2. Examination 　　3. Publication in newspaper (Artistic Work only) 　　4. Opposition, if any 　　5. Issuance of Certificate by Registrar (Registration)

Provided by Amir Sohail, the Intellectual Property Manager of Best & Swift IP Services.

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