Intellectual Property Matters

1. What is a trade mark and who can register it in Pakistan?

A trade mark is a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, packaging, shape, color, sound or any combination of these features.

Anyone, who is the proprietor of a trademark can get it registered with the Trade Marks Registry.

2. What is a trade name and who can register it in Pakistan?

A trade name is the name by which a person or entity carries out itsbusiness. Trade name can only be registered through formation of the requisite business form, such as a company or a partnership.

3. What is a copyright and who can register it in Pakistan?

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

4. What is the process to register a trade mark in Pakistan?

An application is filed on the prescribed form along with the prescribed fee and depictions of the mark. The application goes through the initial stage of examination, where, the Trade Marks Registry informs the applicant of any objections it has on the application filed. After any such objections are satisifed, the application proceeds for publication in the Trade Marks Journal for inviting public opposition. If no public opposition is received within the prescribed period, then the application proceeds for registrationand a certificate of registration is issued.

5. What is the process to register a trade name in Pakistan?

 See No. 2 above.

6. What is the process to register a copyright in Pakistan?

An application is filed in the prescribed form along with the prescribed fee and samples of the copyrightable work. In the case of an ‘artistic work’ an advertisement is also required to be published in a news paper for public opposition. If there is no objection or opposition filed within the prescribed period, than the application proceeds to registration and a certificate of registration is issued.

7. Can foreign registered trademarks be registered in Pakistan?

Yes. Foreign registered trademarks can be registered in Pakistan.

8. Can trade marks registered in Pakistan be registered internationally?

Yes. A trademark registered in Pakistan can also be registered internationally.

9. Which international conventions are relevant for IP MATTERS?

Beijing Treaty on Audiovisual Performances

Berne Convention for the Protection of Liberty and Artistic Works

Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite

Geneva Convention for the Protection of Procedures of Phonograms against Unauthorized Duplication of their Phonograms

Marrakesh Treaty to Faciliate Access to Published Works of Persons who are Blind, Visually Impaired, or otherwise Print Disabled

Rome Convention for the Protection of Performers, Producers, of Phonograms and Broadcasting Organizations

WIPO Copyright Treaty (WCT)

WIPO Performances and Phonograms Treaty (WPPT)

10. What are Intellectual Property Rights?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time

11. I have an idea, can I protect it?

Ideas cannot be protected. The expression or physical form of an idea can be protected.

12. I have a logo, can I register it as a trade mark or copyright?

Yes, a logo can be registered both as a trademark and copy right (artistic work).

13. Is there a Specialist Dispute Resolution Forum for IP matters in Pakistan?

Disputes during the registration processes of trademarks, copyrights and patents are adjudicated upon by the Trade Marks Registry, Copyright Board and the Patent Controller respectively, which function as administrative and quasi-judicial forums in such instances. Any disputes regarding proprietary rights over an IP are initiated before the Civil Court, District Court and High Court (depending on in which province the cause of action arose). There are as such specialist dispute resolution forums only for IP matters in Pakistan.

14Is there a Domain Dispute Resolution Forum in Pakistan?

Yes, it is called Domain Name Dispute Resolution Centre. However, it only deals with disputes regarding .com.pk and .pk

JUS & REM

JUS & REM provides corporate and commercial legal counseling to local and foreign clients on a wide range of legal issues



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