Q. HOW INTELLECTUAL PROPERTY RIGHTS CAN BE ENFORCED?

There are several types of intellectual property such as:

i)                            Trade Mark;

ii)                                         Copyright;

iii)                                       Patents;

iv)                                       Industrial Designs;

v)                                         Geographical Indications;

vi)                                       Layout Designs of Integrated Circuits;

vii)                                     Utility Models;

viii)                                   Protection of Plant Varieties and Breeder’s Rights; and

ix)                                       Traditional Knowledge.

The Trade Marks were regulated by The Trade Marks Act, 1940 with the help of rul ( enforced since 12^th April, 2004).

There is also The Merchandise Marks Act, 1889.

Besides the above there are some provisions being Sections 478 to 489 in The Pakistan Penal Code, regarding infringement of Trade, Property and Other Marks. 

The Copyrights are regulated by the provisions of Copyright Ordinance, 1962 and the rules framed there under being Copyright Rules, 1967.

Similarly the Patents and Designs were regulated by the provisions of Patents & Designs Act, 1911 and rules framed there under being Patents & Designs Rules 1933 in the past, whereas presently there are two separate Ordinance, being Patents Ordinance, 2000 for Patents and Patents Rules 2003; and Designs Ordinance, 2000 for Industrial Designs but without any rules and the Rules relating to Designs under Patents & Designs Rules 1933 are still applicable.

There is also an Ordinance for regulating the matters relating to Layout Designs of Integrated Circuits; being THE REGISTERED LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ORDINANCE, 2000 but without any rules for working.

There is no proper legislation for other types of Intellectual properties as yet. However the Government of Pakistan is trying to make its best for making the laws for the remaining intellectual properties.

In order to implement the GATT & TRIPS Agreement, 1994 and as agreed by The Government of Pakistan, the government has enacted/ renewed and reviewed Trade Marks Laws, Copyrights Laws and Patents & Designs laws to bring them in conformity with the International Law.

Now how these rights can be enforced, every Act/Ordinance has provided the provisions for doing so:

es framed there under being Revised Trade Rules, 1963 in the past, whereas presently there is a Trade Marks Ordinance, 2001 and Trade Marks Rules, 2004

This FAQ is prepared by Sadia Saman Advocate