Abu-Ghazaleh Intellectual Property (AGIP) is pleased to announce that July 1, 2002 will always be a memorable day, for it witnessed the launch of its Office in Pakistan under the name "Trademark Agencies Company Limited" in order to promote better services in the field of protecting intellectual property rights. Pakistan is a member country to the Berne Convention for the Protection of Literary and Artistic Works, Geneva Convention, World Intellectual Property Organization, the Universal Copyright Convention of 1952, and the WTO/TRIPS Agreement.
Also, Pakistan is about to join the Paris Convention and is implementing the international classification of goods and will be adopting the new service mark classification from classes 35 to 42. Pakistan is currently following the Trademarks Act of 1940 while the new Trademarks Ordinance of 2001 that has already been promulgated conforms to the TRIPS Agreement. In the said Ordinance, provisions for the registration of service marks, convention applications, right to priority and domain names have been included. This Ordinance will come into effect upon the publications of its implementing regulations.
Trademark
The trademark application filed in Pakistan shall be examined as to its registrability. When a trademark is accepted by the Registrar it shall be published in the Trademarks Journal. Any interested party may file a notice of opposition to the registration of a trademark within two months from the date of publication or within the period set by the Registrar, not exceeding six months in aggregate.
The initial registration of a trademark is valid for a period of seven years, renewable for a period of fifteen years from the date of expiration of the original registration or from the last renewal of registration, as the case may be.
The fees for renewing a trademark registration can be paid at any time during the last six months prior to the expiration of the latest registration. However, upon payment of additional fee, a late renewal is possible during a grace period of four months starting from the date of publication of the registration in the Trademarks Journal under the heading "Unpaid Renewal Fee". Assignment of a registered trademark with or without goodwill of business, change of name and/or address, registered user agreement and licenses of registered marks, are possible. The introduction of amendments to the registered mark without substantially affecting the identity of the mark or the boundaries of the list of goods covered by the registration of a trademark is also possible and shall be recorded in the official register.
The use of a trademark is not mandatory for filing an application neither for registration or maintaining the registration in effect. However, a concerned party may request from the Registrar or the High Court to remove a trademark from the register if it has not been used for five years and one month from the date of registration. Illegal use of the word "Registered" on an unregistered trademark, use of a counterfeited trademark, illegal use of a registered trademark by an unauthorized person, dealing in goods bearing the counterfeited trademark are offences punishable under the law in Pakistan. Infringement proceedings may be filed in the District Court as well as in the High Court.
Patent
Once an application for grant of a patent is filed, it is examined with respect to compliance with formalities and patentability provided for under the Patent Law, including novelty, inventiveness, utility, law and morality, and industrial application.
Under the Patents Ordinance, four kinds of Patents are granted:
An ordinary patent, which is dated as of the official date of the application for the patent.
A Black/Mail box patent relating to chemical products intended for use in agriculture and medicines. The application shall be kept dormant until December 31, 2004.
A patent claiming "priority", which is dated as of the official date of the corresponding application for patent first made in a country which is the member to the WTO.
A patent of addition, for the purposes of improving or modifying an invention for which a patent has already been applied or granted.
A patent is valid for 20 years. Annuities are to be paid starting from the fifth year of the patent term and shall be paid in advance at the beginning of the year. 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.
Design and Industrial Model
Designs and industrial models are protectable in Pakistan through registration with the competent office. An application for a design registration is examined with respect to compliance with formalities and patentability provided for under the Design Law including novelty and distinctiveness. Designs that are granted registration shall be published and thereby become open to opposition for a period of six months. However, upon the request of the applicant, the publication may be postponed. If opposition by a third party is justified, the design shall not be registered. The registered design shall be protected for ten years as from the filing date. Protection period is subject of renewal.
The renewal application may be filed during the last six months of the tenth year of the protection period. However, a late renewal is possible upon the payment of a fine, within six 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.
Copyright
Under the Pakistani 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 compositions, films, phonographic works and applied arts. 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.