What is intellectual property?
This section of the blog focuses on the definition of intellectual property, its aspects, ways to protect your business, and elaboration of registration process in Pakistan
Intellectual property is the protection and ownership of intangible assets against unauthorized use of the creation of the mind. The law grants exclusive proprietary rights of intellectual assets to individuals or organizations who might have spent a considerable amount of time and millions of dollars. Intellectual property rights are now respected and protected all over the world.
Types of Intellectual Property:
Every invention, idea, or distinguished creation of the mind needs protection against infringement of IP rights, and intellectual property can be categorized in the following forms of intellectual assets:
Trademark:
A trademark is a sign, logo, brand name, symbol, or word that is used by one business to distinguish its products and services from those of other businesses of the same services or products. It offers protection of the brand name, identity, authority, and goodwill of a company against misuse by any competitor. For example, Apple’s Logo, Coca-Cola, and Facebook.
Copyright:
Copyright normally protects artistic or literary works of authors, musicians, artists, and painters, etc. It gives the creator exclusive rights to use, reproduce, publish, and license their work. Examples of copyright include books, songs, films, paintings, software, and architectural designs etc.
Patent:
Scientific inventions are normally protected under patent laws. The patent allows the inventor to patent his new invention to prevent others from making or utilizing the innovation for profit or his work without permission or license. A pharmaceutical drug, software algorithm, or unique mechanical device can be patented.
Trade Secret:
It is a secret business information behind any company’s success. This confidential information includes formulas, processes, methods, or strategies that gives a company a competitive edge in market. It is protected through NDA clauses signed by employees or authorized persons and internal security measures in a company. So, no formal procedure is required. For example, Coca-Cola recipe and Google search algorithm etc.
Industrial Design:
Aesthetic features or visual appearance of a product, including shape, patterns, or ornamentation protected under industrial design rights. it does not include functional aspects of a product. The shape of a perfume bottle or design pattern on furniture can be registered.
Geographical Indication:
Geographical indication highlights the connection between a product and its place of origin. The product’s quality, reputation, and characteristics are attributed to its geographic origin. It protects the traditional knowledge and cultural identity of a specific product. For example, Basmati rice from Pakistan and Darjeeling tea from India.
Plant Variety Rights:
These rights are also known as Plant Breeders’ Rights (PBR). In this form of Intellectual property, exclusive control is given to plant breeders over their new, distinct, and stable plant varieties they developed. It motivates agricultural innovation and investment in research and development for better crop varieties. Disease or allergy-resistant wheat is a great example of PVR.
Guide of Intellectual Property Rights in Pakistan
This section discusses only the institutionalized framework in Pakistan, and ways to protect your IP rights in Pakistan.
Pakistan aligns its IP laws with international standards as a WIPO and WTO member. Furthermore, the country has worked to build a robust framework for the protection of patents, trademarks, and copyrights to foster innovation, trade, and investment. These international institutions guided every individual, corporation, and state, including Pakistan.
The Intellectual Property Organization (IPO) of Pakistan, established in 2012, tasks itself with putting Pakistan on the global IP map.
The Role of IPO:
The jurisdiction of IPO is subject to the Intellectual Property Organization Act, 2012, and respective laws of trademark, copyright, patent, and industrial design:
- Registration of IP rights in Pakistan
- Advising the legislature on IP protection laws
- Handling matters of infringement
- Administering IP-related litigation
In addition, Pakistan demonstrates its legal commitment to IP protection by enacting laws and harmonizing national regulations with global standards. Key IP laws in Pakistan include:
- The Trademark Ordinance, 2001
- The Copyright Ordinance, 1962
- The Patents Ordinance, 2000
- The Registered Designs Ordinance, 2000
- The Registered Layout-Designs of Integrated Circuits Ordinance, 2000
Amendments to key regulations, like the Pakistan Penal Code and Customs Act, support laws to prevent IP rights infringement.
Relevant provisions for the protection of intellectual assets in Pakistan:
Intellectual Property (IP) rights in Pakistan are governed by distinct legislations, each discussing a particular type of IP. These laws are administered by the Intellectual Property Organization of Pakistan (IPO-Pakistan), which serves as the central authority for registration, regulation, and enforcement. Here is list of relevant laws and their application:
| Intellectual Property | Applicable Law | Application |
| Trademark | Trademark Ordinance, 2001 | Logo, brand names, symbols, devices, and marks distinguishing goods or services. |
| Copyright | Copyright Ordinance, 1962 | Literary, artistic, dramatic, musical works, cinematographic films, sound recordings, and computer software. |
| Patent | Patents Ordinance, 2000 | Inventions with novelty, inventiveness, and industrial applicability. |
| Industrial Designs | Registered Designs Ordinance, 2000 | Visual design of objects – shape, configuration, pattern, or ornament. |
| Geographical Indication (GI) | Geographical Indications (Registration and Protection) Act, 2020 | Region-based goods like Basmati rice, Pashmina, Multani crafts, etc. |
International law of IP and Pakistan:
Though domestic laws primarily govern IP rights and their enforcement in Pakistan, but they are framed in alignment with international treaties and conventions:
| International Instrument/Treaty | Pakistan’s Status | IP Type Covered |
|---|---|---|
| TRIPS Agreement (WTO) | Member | Respects and enforce global Copyright, Patent, Trademark, Trade Secrets, GI, etc. |
| Berne Convention (1886) | Member | Amended its laws in accordance with. |
| Paris Convention (1883) | Member | Patents, Trademarks, Industrial Designs |
| WIPO Membership | Member | General IP governance |
| Madrid Protocol | Not a Member | Would allow international trademark registration |
| Patent Cooperation Treaty (PCT) | Not a Member | Would allow international patent filing |
| UPOV (Plant Varieties) | Under process | Not yet acceded |
| Hague Agreement | Not a Member | (Covers design protection internationally) |
Pakistan’s IP laws offer a committed domestic enforcement and well-protected framework for intellectual properties, with selective harmonization with global standards such as TRIPS, Berne, and Paris Conventions. However, limited accession to treaties like the Madrid Protocol or PCT may require foreign rights holders to register directly within Pakistan for protection.
How to Register Intellectual Property Rights in Pakistan
This section provides a complete guide on the Intellectual assets registration in Pakistan.
To protect your creations and inventions in Pakistan, whether you are a business owner, manufacturer, artist, or scientist, registering your IP rights is crucial. If your creation gains value, competitors may attempt to misuse your intellectual property. Pakistan’s IPO helps register and protect your brand to safeguard your intellectual property rights.
The registration process includes several critical steps, such as:
- Search for existing IP: Ensure that no one has already registered your trademark, patent, or design or made it similar to another.
- Application: Submit your application to IPO for review.
- Clarifications: The IPO may request clarification or amendments to your application.
- Examination: The relevant registrar will examine your application.
- Hearings: If objections arise, the registrar will hold hearings.
- Publication: Once approved, authorities publish your IP in official journals.
- Opposition: Third parties can oppose your IP registration.
- Final Registration: If no one raises objections, the authorities will officially register your IP.
- Renewal: Depending on the type of IP, you may renew it after a certain period (e.g., trademarks are valid for 10 years and can be renewed).
The authorities usually complete the registration process in 4 to 6 months, but objections or hearings before a tribunal or higher courts may prolong it.
Why is Intellectual Property Registered?
This section explores the need for Intellectual property registration.
Registration of intellectual property ensures exclusive rights for creation and offers protection against misuse by competitors. As only registration can protect a brand name, establish goodwill, help to make your IP rights a source of income by royalty, license, or share in profit. If your IP rights are infringed or attempted to be infringed, IP laws of Pakistan allow the aggrieved party to seek remedies through civil courts, by filing suit for damages, injunctions, or in worst scenarios, IP rights of the other party may be cancelled.
By securing your IP rights, you safeguard your creative assets in Pakistan’s growing marketplace.
We protect your strategic mind, bold idea, and global vision.
Let’s connect and collaborate.
Haider Zia Kainth (Author) is a legal strategist and partner at Neutral’s Law, specializing in contract law, intellectual property, and alternative dispute resolution. His expertise in arbitration and mediation empowers businesses to overcome legal challenges and foster effective resolutions in a dynamic global marketplace.
