Escolar Documentos
Profissional Documentos
Cultura Documentos
ROLL NO.: 03
CLASS : BS-6
Intellectual Property;
Patents, Trademarks and
Copyrights
Submitted to Ma’am Sadia Owais
Asad Ullah
11/4/2009
Entrepreneurs are not inventors, but all entrepreneurs are concerned with the protection of their ideas or protect
unusual brand names or established ownership of intellectual property. Therefore, entrepreneurs must have good
understanding about patents, trade marks and copyright.
Intellectual Property; Patents, Trademarks and Copyrights 2
Contents
1-Intellectual Property Organization (IPO) - Pakistan ................................................................................... 4
1.1-Mainstreaming IP ................................................................................................................................ 4
1.2-IP Situation before 2005 ..................................................................................................................... 4
1.3-Out-of-the box Solution ...................................................................................................................... 4
1.4-Support Measures .............................................................................................................................. 4
1.5-Governance Structure......................................................................................................................... 5
1.6-IPO-Initiatives ..................................................................................................................................... 5
1.7-Vision .................................................................................................................................................. 5
1.8-Mission................................................................................................................................................ 5
1.9-Core Objectives ................................................................................................................................... 5
1.10-Initial Priorities.................................................................................................................................. 6
1.11-Enforcement Achievements ............................................................................................................. 6
1.12-Model of Excellence.......................................................................................................................... 6
1.13-Integration of IP Registries ............................................................................................................... 6
1.13.1-Joint Committee of IP Registries................................................................................................ 6
1.13.2-One Building Operation ............................................................................................................. 6
1.13.3- Automation ............................................................................................................................... 7
1.14-Public Awareness .............................................................................................................................. 7
1.15-Enforcement Approach..................................................................................................................... 7
1.16-Reform and Restructuring of IP Registries........................................................................................ 7
2-Patents ....................................................................................................................................................... 7
2.1-Definition ............................................................................................................................................ 7
2.2-What Can Be Patented? ...................................................................................................................... 8
2.3-Types of Patents ................................................................................................................................. 8
2.3.1-Utility Patents: ............................................................................................................................. 8
2.3.2-Design Patent ............................................................................................................................... 8
2.3.3-Plant Patents:............................................................................................................................... 8
2.4-Functions: ........................................................................................................................................... 8
2.5-Patenting System ................................................................................................................................ 8
2.6-Rights of Patents Owner ..................................................................................................................... 9
2.7-Should Inventions be patented?......................................................................................................... 9
Intellectual Property; Patents, Trademarks and Copyrights 3
1.4-Support Measures
The Government of Pakistan supported the aforesaid three parallel decisions with the following additional
measures, namely:-
The Honorable Prime Minister of Pakistan placed the new organization directly under his own supervision
by attaching it with the Cabinet Division rather than any of the old Ministries, namely Ministry of
Industries, Production and Special Initiatives, Ministry of Commerce and Ministry of Education which were
previously supervising the patents Office, Trade Marks Registry and the Copyrights Office respectively;
Intellectual Property; Patents, Trademarks and Copyrights 5
Private sector was effectively involved in the governance structure of IPO-Pakistan by public-private
partnership in the IPO Policy Board. Chairmanship of IPO Policy Board was assigned to the Private Sector;
Shortly after the inception of IPO-Pakistan, the Honorable Prime Minister of Pakistan met twice with the
Chairman and the Director General of the new Organization to set up an IP vision for the new
Organization and to exhibit, at the highest level, the immense political will which had actually gone into
the making of IPO-Pakistan;
The new Organization was conceived to be fully autonomous with an independent IP Fund comprising the
following, namely:-
o Fee Collection by IP Registries;
o Government Grants; and
o Foreign Grants and Donations.
The status of the Director General IPO-Pakistan was upgraded to the rank of Federal Secretary which is
the highest level in Pakistan’s civil administration;
Sufficient funds were provided (Rs.113.00 million in 2005 against Rs.22.00 million in 2004) to meet the
initial setting-up requirements of the new Organization; and
A small start-up team of IP literate and experienced officers was put in place to kick-start the new
Organization.
1.5-Governance Structure
The IPO-Policy Board effectively symbolizes the spirit of Public-Private Partnership which, in fact, is the new
paradigm of participative governance in Pakistan. It also combines the finest expertise of public administration and
corporate management in the best national interest. The Deputy Chairman, Planning Commission and six Federal
Secretaries of the stake-holding Ministries represent the Public Sector and eleven Members including the
Chairman represent the Private Sector including top executives of the national and multinational companies in
Pakistan. Chairman Policy Board is a distinguished and widely experienced professional from the Private Sector.
The Director General is the Chief Executive Officer (CEO) of IPO-Pakistan and Secretary to the IPO Policy Board. He
is also a Federal Secretary (BS-22) which is the highest position in the civil service. Thus the Government of
Pakistan has invested its finest human capital in the governance structure of IPO-Pakistan.
1.6-IPO-Initiatives
The new organization has undertaken a number of organizational, administrative and functional initiatives to
upgrade the institutional infrastructure; design a flat and lean service structure; provide attractive salary package
and afford necessary capacity building opportunities in order to reform, restructure and reorganize the intellectual
property management in Pakistan. IPO-Pakistan’s Enforcement Coordination Initiative has not only achieved
effective linkages with the public sector enforcement authorities but also with the private sector investigation
agencies engaged in detection of IP infringements. This coordination is deepening and expanding very fast. Once
this initiative finds synergy, the market space for piracy and counterfeiting will start shrinking. The growth of these
twin menaces has already been effectively arrested.
1.7-Vision
“To put Pakistan on the IP map of the world as a compliant and responsible country by promoting and protecting
intellectual property rights.”
1.8-Mission
“Integrating and upgrading IP infrastructure for improved service delivery; increased public awareness and
enhanced enforcement coordination for achieving the goal of being an IP based nation.”
1.9-Core Objectives
IPO-Pakistan has set the following functions as its core objectives namely:
Integrating IP management;
Improving service delivery;
Intellectual Property; Patents, Trademarks and Copyrights 6
1.10-Initial Priorities
Being a new organization, the initial priorities of IPO-Pakistan are as follows:-
1.11-Enforcement Achievements
The establishment of IPO-Pakistan in April 2005 has been received well in Pakistan as well as abroad. In a very
short period of time since April, 2005, the new organization has been able to establish its HQ in Islamabad; achieve
automation of the database of Trademarks Registry; recruit quality manpower for the patents Office and IPO HQ
and provide attractive salary package to its new staff; achieve ‘One Building Operation’ of the Regional Offices of IP
Registries in Lahore and launch a well designed and well coordinated public awareness campaign in the country.
However, its greatest success resides in its Enforcement Coordination Initiative with the following achievements
namely:-
Within the first month of IPO existence, FIA cracked down on the notorious piracy infrastructure to
demonstrate Government of Pakistan’s administrative firmness behind its IP initiative;
Pakistan Customs established Anti-Piracy Cells (APCs) at the country’s major international airports to
institutionalize government’s anti-piracy drive. This was only the second time in the history of Pakistan
Customs after Anti-Narcotic Cells (ANCs) that antipiracy drive was institutionalized in the form of APCs;
While FIA and Pakistan Customs were busy controlling the supply side of piracy, IPO launched a number of
demand control initiatives to curb local demand for pirated optical disc.
1.12-Model of Excellence
IPO-Pakistan is now fast developing into a model of excellence in integrated management of IP Registries
administering Patents, Trade Marks and Copyrights. Although the new Organization is constantly on the run ever
since its inception in April, 2005 to meet its initial setting-up requirements.
1.13-Integration of IP Registries
Getting three IP Registries in Karachi to work interdependently together after decades of independent and stand
alone existence is quite an uphill task. The following measures have been taken for effective integration, namely:-
1.13.3- Automation
Automation is critical for transformation of IP Registries into an accelerated service delivery mode.
Business Process Re-engineering (BPR), formulation of Standard Operating Procedures (SOPs), automation
and capacity building of the core staff constitute the fundamentals of IPO strategy to improve service
delivery. Accordingly automation of data base of Trade Marks Registry has been completed. patents
Registry has also initiated automation of patents data bases with the help of Electronic Government
Directorate (EGD) and World Intellectual Property Organization (WIPO), Geneva. Plans are in hand to
convert Copyrights Registry from manual to automation mode at the earliest. The ultimate objective is to
bring IP management online in Pakistan in the shortest possible time. EGD is preparing an overall
automation plan for IPO-Pakistan.
1.14-Public Awareness
IP awareness in Pakistan is very low. In order to improve public awareness, IPO has launched a Public Outreach
Program for link aging and leveraging internal and external constituencies i.e. Chambers of Commerce and
Industry, business enterprises, R&D institutions, universities, academia and general public. World Trade Review, a
fortnightly newspaper focused on WTO news is also regularly publishing IP news. Both Electronic Media and Print
Media are being increasingly used for enhancing general public awareness in IP. Pakistan National Commission for
UNESCO is providing financial support in organizing IP awareness Seminars in the country.
1.15-Enforcement Approach
A top down gradual and selective approach based on special and differential treatment principle of WTO is being
followed under which the developed regions like Karachi, Lahore and Islamabad of Pakistan have been prioritized
for IPR enforcement. The less developed areas of Pakistan will be focused later.
2-Patents
Most entrepreneurs are not inventors, but all entrepreneurs are concerned with the protection of their ideas or
protect unusual brand names or established ownership of intellectual property. Therefore, entrepreneurs must
have good understanding about patents, trade marks and copyright.
2.1-Definition
The exclusive right, granted by the government, to make use of an invention or process for a specific period of
time, usually 20 years.
Intellectual Property; Patents, Trademarks and Copyrights 8
Any thing that is patentable must be new and useful. Many applications fail one of these two criteria. Patents are
filled and later turned down
2.3-Types of Patents
2.3.1-Utility Patents: Granted for new processes, machines, manufactures and compositions not included
botanical creations with the protected period of 17 years.
2.3.2-Design Patent: Granted for any original ornamental design for an articles do manufacture with protected
periods of 3 ½, 7 or 14 years
2.3.3-Plant Patents: Granted for Botanical creations that have been asexually reproduced and do not exist in
nature with a protected period of 17 years
The patents office was an attached department of Ministry of Industries & Production established in 1948 under
the provision of section 55 of the Patents & Designs Act. 1911(the Act is amended as Patents Ordinance 2002 &
Designs Ordinance, 2000). The law of registration of Layout Designs of Integrated Circuits has also been
promulgated as “Registered Layout-Designs of Integrated Circuits Ordinance, 2000”.
The Patents Office currently is a part of IPO Pakistan (Intellectual Property Organization) under Cabinet Division.
2.4-Functions:
The Patents Office is an integral part of the progress of the country and of the development of its technological,
material resources and it also:
1. Administers the Patents Ordinance, 2000, Designs Ordinance, 2000 and Layout-Designs of Integrated
Circuits
Ordinance, 2000.
2. Grant the Patents to the new and novel inventions.
3. Register the new and novel Designs of an article.
4. Provide a sound legal and administrative framework for the promotion and protection of intellectual
property.
5. Formulate and review intellectual property policies and legislation.
6. Represent the government internationally on intellectual property matters.
7. Collaborate with other organizations and intellectual property offices or programmers’.
8. To encourage research and inventions.
9. To disclose new technological discoveries.
10. To disseminate technical information & know-how.
11. Endeavors to promote new inventions.
12. To foster and aid industrial development in Pakistan.
2.5-Patenting System
The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial
techniques should be improved. In order to encourage improvement and to encourage also the disclosure of
Intellectual Property; Patents, Trademarks and Copyrights 9
improvements in preference to their use in secret. Any person devising any improvement in a manufactured article
or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to
be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain.
The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms.
The owner may also sell the right to the invention to someone else, who will then become the new owner of the
patent.
Once a patent expires, the protection ends, and invention enters the public domain, that is, the owner no longer
holds exclusive right to the invention, which becomes available to commercial exploitation by others.
The merits and demerits of dealing with an invention in the above ways are briefly mentioned below:
2.7.1- Broadcasting
There are many inventors to whom the idea of enjoying a monopoly for their inventions is repugnant, and who,
therefore, broadcast their ideas, in the hope that by doing so they would confer the benefit of their inventions on
the largest possible section of the public. These inventors, however, overlook the fact that their inventions would
not come into wide use unless they are developed for manufacture on a mass-production scale, and that the
necessary capital for large-scale manufactures would not be forthcoming unless the manufacturers are assured of
protection against competition. Experience has shown that inventions, which are, broadcast for free use by the
public seldom come into use, and that a patent, judiciously used, would induce manufacturers to take up the
working of the invention on a commercial scale.
2.7.2- Secret-working
A large section of inventor’s desires to enjoy an exclusive right for the use of their inventions, and a question,
which generally confronts such inventors, is whether they should do so by working their inventions in secrecy, or
by protecting them by patents. Secrecy would enable an inventor to enjoy the exclusive right for the use of his
invention, so long as he succeeds in keeping in secret; but, if the secret leaks out, he would not be able to prevent
others from using his invention, even competitively against himself. Experience has brought home to inventors the
fact that under modern conditions, it is extremely difficult to work useful inventions in secrecy, and that unless the
inventions are patented, they would be obliged to face competition within a short period of working their
inventions for profit.
2.7.3-Open-working
Open working of the invention would expose the inventor to the same risks as those involved in secret-working,
but sooner than secret-working.
Intellectual Property; Patents, Trademarks and Copyrights 10
2.7.4- Patenting
As against the disadvantages associated with the working of an unpatented invention either secretly or openly, or
with the mere publication of the invention for free use by the public, the method of exploiting the invention by
patenting it, has the following distinct advantages:-
o A patentee’s right to the exclusive use of his invention would not be prejudiced by the fact that his
invention is made known to others.
o The said exclusive right could be enforced legally.
o The protection enjoyed under the patents would enable the patentee to raise capital for working the
invention on a commercial scale.
o If the patentee were not himself in a position to work the invention commercially, he would be able to
make a profitable use of the invention by selling his patent, or by granting licenses to others permitting
the use of his invention.
o Even where the inventor does not desire to earn profits by the use of his invention, a patent would enable
him grant licenses judiciously, so as to secure on the one hand, sufficient inducement to manufacturers to
take up the working of the invention, and on the other hand, to confer the benefit of his invention on the
largest possible section of the public.
o A patent would enable the invention to establish an official record of his inventor ship.
Hence, for the standpoint of the inventor as well as of the public it is distinctly advantageous to adapt a policy of
protecting inventions by patents, instead of working them in secrecy, or working them openly or broadcasting
them without protection.
Under the Patents Ordinance and Rules, the Patents Office is however chiefly concerned with (i) and (ii) and (iv)
only. These characteristics are briefly explained below.
2.8.2-Novelty
For the purpose of patents in Pakistan, novelty is no more considered with reference to what is publicly known in
the territories of Pakistan and what is publicly used in the territories of Pakistan, prior to the date of the patent
application. The Public use or knowledge of an invention any where in the world before the date of the application
would prejudice the novelty of the invention. Applicants for patents should therefore, take particular care to see
that their inventions are not publicly used any where in the world, prior to the date of their patent applications.
Publication of the invention should, therefore, be avoided before applying for Patents.
Patent rights were denied to an inventor of an improved design of ball-point, pen, merely on the ground that the
inventor himself had published a description of making a ball point pens and had made two pens embodying the
invention available to the members of the public, before filling the patent application. A new method of producing
nylon with evenly distributed carbon black content was not granted patent of the prior publication the information
was disclosed through bulletins to the members of the public by the applicant’s salesman.
The public use or knowledge of publication of an invention even out side Pakistan would prejudice the novelty of
an invention.
2.8.5- Utility
No valid patent can be granted for an invention devoid of utility. Utility does not mean abstract utility or
comparative utility, or competitive utility, or commercial utility. Utility means having practical existence as a
manner of manufacture. If what is proposed by the invention is giving an option of a process or an apparatus,
which is better in some respects though not necessarily better in every respect, than what is previously known, the
invention will be deemed to possess utility.
3-Trademark
3.1-Definitions
3.1.1-Trademark:
is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and
distinguishes the source of the goods of one party from those of others.
3.1.2-Service mark:
is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a
product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service
marks.
3.2- Functions:
Trade Marks Registry is working under the administrative control of Intellectual Property Organization of Pakistan.
The main function of the Registry is to grant protection of trade marks relating to both goods and services through
registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works
like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post
registration, opposition and rectification matters.
International of Trademarks:
To facilitate international registration of Trade Marks of Pakistani exporters in the destination countries as
well as registration of foreign Trade Marks in Pakistan, an International Workshop, “WIPO National
Workshop on Trade Marks and the Madrid System,” was organized in December 2006 with the assistance
of EU and WIPO. Speakers, local as well as foreign, shed light on the needs and requirement of
international registration of trade mark under Madrid Agreement/Protocol.
1. It is advisable that a search may be made of the Trademarks Register to ensure whether there are any
similar or identical marks on the Register. Search request can be filed on Form TM-55 with a Pay
Order / Bank Draft of Rs. 500 for search of one mark in one class only.
2. After the search of the Register, application is made on Form TM-1/TM-2 for one mark in one class
with pay order / Bank Draft of Rs.1000/-
3. Acknowledgement Receipt by the Trade Mark Registry is issued to the applicant within 10-15 days.
Intellectual Property; Patents, Trademarks and Copyrights 14
4. Examination Report is generated after 3 months. If there are any objections on the applied
trademark, they are communicated to the applicant immediately in the form of Show Cause Notice.
The applicant is required to submit a reply within two months of the issue of Show Cause Notice.
5. If there are no objections application is published in the Trade Mark Journal. If no oppositions are
filed to the published application within two months of the publication date of the relevant
Trademark Journal, the application stands accepted, and s Demand Notice is then issued to the
applicant requesting him/her to submit registration fee so that the registration Certificate may be
issued.
6. On the receipt of the Registration fee, the Registration Certificate is issued .
4-Copyright
Copyright refers to laws that regulate the use of the work of a creator, such as an artist or author. This includes
copying, distributing, altering and displaying creative, literary and other types of work. Unless otherwise stated in a
contract, the author or creator of a work retains the copyright.
The rule of establishing a copyright is that the material must be copyrighted by an unequivocal
statement before the publishing material is offered for sale or made public.
A concept of fair use has been established through court interpretations so that copyright material
can be used within limitations. For e.g.: most scientific papers and textbooks build on previously
published and copyrighted work.
Copyrights are a form of protection provided to the authors of “original works of authorship,” including literary,
dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and
unpublished works. The owner of copyrights has the exclusive right to do and to authorize others to do the
following:
It is illegal for anyone to violate any of the rights provided by the copyrights law to the owner of copyrights. These
rights, however, are not unlimited in scope; the copyrights law establishes limitations on these rights. In some
cases, these limitations are specified exemptions from copyrights liability. One major limitation is of “fair use,” In
other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of
copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.
For further information about the limitations of any of these rights, consult the copyrights law
Copyrights protection subsists from the time the work is created in fixed form. The copyright in the work of
authorship immediately becomes the property of the author who created the work. Only the author or those
deriving their rights through the author can rightfully claim copyrights.
Intellectual Property; Patents, Trademarks and Copyrights 15
In the case of a work prepared by an employee within the scope of his or her employment; the employer and not
the employee is considered to be the author, if the parties expressly agree in a written instrument signed by them
that the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyrights in the work, unless there is an agreement to the
contrary.
Copyrights protect “original works of authorship” that are fixed in a tangible form of expression. The fixation need
not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable
works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pictorial, graphic, and sculptural works\
5. motion pictures and other audiovisual works
6. sound recordings
7. architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be
registered as “literary works”.
The author. This is person who actually created the work or, if the work was made for hire, the employer
or other person for whom the work was prepared.
The copyrights claimant. The copyrights claimant is defined in Copyrights regulations as either the author
of the work or a person or organization that has obtained ownership of all the rights under the copyrights
initially belonging to the author. This category includes a person or organization who has obtained by
contract the right to claim legal title to the copyrights in an application for copyrights registration.
The owner of exclusive right(s).Under the law, any of the exclusive rights that make up a copyrights and
any subdivision of them can be transferred and owned separately, even though the transfer may be
limited in time or place of effect. The term “copyrights owner” with respect to any one of the exclusive
rights contained in copyrights refers to the owner of that particular right. Any owner of an exclusive right
may apply for registration of a claim in the work.
The duly authorized agent of such author, other copyrights claimant, or owner of exclusive right(s). Any
person authorized to act on behalf of the author, other copyrights claimant, or owner of exclusive rights
may apply for registration.
Bibliography
[Online] / auth. WebSoftNET Technologies // IPO Pakistan - Intellectual Organiazation of Pakistan. - Govt
Org.. - 10 12, 2009. - http://www.ipo.gov.pk/.
INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE [Report] / auth. IIPA. - Islamabad : IIPA, 2007.