Intellectual Property Organization of Pakistan

Introduction

Intellectual Property (IP) is critical for competitive economy in the back drop of ongoing globalization. Sustainable economic growth now depends largely on Hi-tech R&D base and efficient knowledge input. The new concept of IP based nation is gaining ground because it is Intellectual Property which enables technology creation and technology transfer by providing the necessary enabling environment. For these considerations Intellectual Property was mainstreamed in Pakistan in 2005. IP was brought under the limelight of public policy by simultaneously establishing IPO-Pakistan, empowering the Federal Investigation Authority (FIA) and activating Pakistan Customs against IPR violations. The Government decision to establish IPO-Pakistan was particularly aimed at addressing the institutional shortcomings that were impeding the effective management of intellectual property in Pakistan. The other two parallel decisions were aimed at strengthening IPR enforcement in the country. It is by definition an exponential change.

How IPO works

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. IPO-Initiatives The new organisation has undertaken a number of organisational, 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-

Pakistans 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.

Vision IPO-Pakistan has set for itself the following vision namely:-

To put Pakistan on the IP map of the world as a compliant and responsible country by promoting and protecting intellectual property rights. Mission The Mission Statement of IPO-Pakistan is as follows:-

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. Core Objectives IPO-Pakistan has set the following functions as its core objectives namely:

Integrating IP management; Improving service delivery; Increasing public awareness; and Enhancing enforcement coordination

Initial Priorities Being a new organisation, the initial priorities of IPO-Pakistan are as follows:

Consolidation of its inheritance from the past; Putting in core capacities in the new organization; and Achieving higher order professionalization;

Functions and Powers of Intellectual Property Organization of Pakistan This brief overview explains, in very general terms, the functions and powers of Intellectual Property Organisation of Pakistan. These brief notes are for general guidance only and should not be taken as a substitute for thorough and professional legal advice On 8th April, 2005 the Government of Pakistan took evasive action to redress these issues of the international community by taking the following three pronged parallel decisions: Formation of Intellectual Property Organisation of Pakistan (IPO-Pakistan) for enforcement, coordination and better management of IP in Pakistan; Federal Investigation Agency (FIA) was empowered to eliminate piracy through addition of Copyright Ordinance, 1962 in the schedule of Federal Investigation Agency Act thus authorising the FIA to investigate Copyright related offences in Pakistan; and Activation of Pakistan Customs to cut off and restrain import and export of pirated goods including optical discs to and from Pakistan Intellectual Property Rights Related Legislation of Pakistan Intellectual Property Organisation of Pakistan Ordinance, 2005 Objective for Establishment of Intellectual Property Organisation of Pakistan (IPO - Pakistan) To provide for protection of IP rights in Pakistan

Functions and Powers of Policy Board of the IPO-Pakistan Under section 4 of the Ordinance, a policy board of the organisation is constituted. Under section 5 of the Ordinance, the policy board is entrusted with the following functions and powers: Setting of objectives and policy guidelines of the organisation General direction and administration of the organisation Promote a modern system for protection of intellectual property rights in Pakistan Approve policies, plans and programs of the organisation Formulate procedures and necessary framework for utilization of funds generated Patent

A patent is a grant from the Government, which confers on the grantee, for a limited term of 20 years, the following acts, namely 1) When patents has been granted in respect of a product. 2)When the patents has been granted in respect of a process Copyright It deals with the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases. Trademark Registration in Pakistan What is a trademark? Trademarks are generally defined as distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller.The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. The primary purpose of trademarks is to prevent consumers from becoming confused about the source or origin of a product or service. How are trademarks acquired? Trademarks are acquired through adoption and use. Trademarks may also be obtained by assignment. How is Trademark Adopted? When a trademark is considered, and before it is adopted, a trademark attorney should be consulted, and a search be carried out to determine whether the trademark is available for adoption and use. Searching minimizes investments in trademarks that cannot be used, while preventing the inadvertent infringement of trademarks held by others. A trademark should also not be adopted, or used, if the search indicates it is likely to cause confusion and deception to somebody's trademark. How to use a Trademark? Proper use of trademarks is important, in any decision to acquire, register, or maintain them. Proper use preserves a mark's ability to identify the origin of products or services, and increases the trademark's potential for quality of the product to be associated with the mark. Proper use reduces the likelihood that a mark will become generic, or be abandoned, unintentionally, by its rightful owner.To properly use a trademark one may give notice of trademark rights. Providing

public notice of trademark rights is important, for registered and unregistered trademarks alike. The appropriate form of notice to employ, depends on whether the mark is registered with the Registrar of Trademarks Pakistan. In order to give notice that a mark is registered with the Registrar one may use the symbol What are the legal requirements for registering a trademark? Following are the basic requirements for filing a trademark with the Registrar of Trademarks Pakistan. 1. The mark is filed under the name of the actual owner of the mark. The owner of the mark is the person who controls the nature and the quality of the goods sold or the services rendered under the mark. The owner does not have to be an individual; the owner can be a partnership, a corporation, or an association. If the owner is a corporation, then the applicant's name is the name of the corporation. 2. The applicant is required to indicate what type of entity it is (individual, corporation, etc.) and the its national citizenship. It is not required that the applicant has Pakistani citizenship. 3. The application must be based on an actual use or on a real intention to use the mark in business. For the application to be based actual use, the applicant should indicate what products he or she has actually placed the mark on and sold for business. 4. The applicant is further required to submit a drawing of the mark and a specimen of the mark when the application is based on actual use. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. A drawing is a page that depicts the mark you seek to register. In an application based on actual use, the drawing must show the mark as it is actually used (i.e., as shown by the specimens). In the case of an application based on a real intention to use, the drawing must show the mark as the applicant intends to use it. 5. The application should accompany a bank draft/pay order in favour of Director General IPO Pakistan of the amount as notified by the Registrar from time to time. In case of application filed by attorney/agent the power of attorney in the form of TM-48 duly filled in may also be filed. What are the advantages for registering the trade mark with the Registrar? By registering your trademark with the Registrar you derive the following advantages 1. Constructive notice through out Pakistan of the trademark owner's claim. 2. Evidence of ownership of the trademark. 3. Jurisdiction of courts may be invoked for reliefs in the form of injunctions, infringement suits and claims for damages..

4. Registration can be used as a basis for obtaining registration in foreign countries. 5. Registration may be filed with Customs Service to prevent importation of infringing foreign goods What is a service mark? A service mark, like a trademark, is a type of mark which indicates the source or origin of services (as opposed to goods). For all practical purposes, trademarks and service marks are governed by identical rules of validity, use, legal protection, and infringement. A service mark is quite similar to a trademark, except that it is used to distinguish services in the stream of commerce, rather than being used to identify a product. Like a trademark, a service mark can include words, names, symbols and logos. While trademarks appear on the actual product or its packaging, service marks appear mostly in advertising for the services, forinstance on letter heads brochures, leaflets, banners, handbills, printed and electronic media How are trade names different from trademarks and service marks? Unlike a trademark or service mark trade name identifies a company and its business, rather the specific products or services offered by that business, which is why trade names are not marks. However, trade names and marks are related. For example, if one business adopts a trade name similar to a trademark used by another, the trade name of the one business may severely effect the trademark used by the other in identifying the source or origin of its goods.Consumers may come to believe that the business having the trade name makes the goods sold by the business holding the trademark. Therefore conflicts may arise between trade names and trademarks.

What are the uses of Collective Marks? Trade Marks Ordinance 2001, provide for the filing of the regulations as an additional requirement for registration of the collective trademark.The owner of the collective mark is responsible for ensuring the compliance with certain standards (usually fixed in the regulations concerning the use of the collective mark) by its members.