[vc_row css=”.vc_custom_1430749132901{margin-bottom: 10px !important;}” has_content=”true”][vc_column][vc_single_image image=”2542″ img_size=”full”][/vc_column][/vc_row][vc_row css=”.vc_custom_1463729996147{padding-top: 70px !important;}”][vc_column][vc_tta_tabs style=”anps-ts-2″ shape=”square” active_section=”1″][vc_tta_section title=”Trademark Law” tab_id=”1463729798616-03d8b298-5db1″][vc_column_text]
What is a trademark?
Trademark is a legal right bestowed on any person who pre-applied for protection of his brainchild business. Trademark can be a sign, logo, symbol, word, or combination of all or any of the above that a person can use to distinguish his business’ goods or services from those of other traders. Once registered, a trademark is protected against any of its infringements by any person whatsoever.
Benefits of registering a trademark
In Pakistan, it is not compulsory to register a trademark. However, without registering a trademark same cannot be claimed and no infringement on this behalf can be established in favor of a person. If you register a trademark in relation to your goods and/or services, you are effectively gaining a legal monopoly of your business. A trademark can add value to your business because it can be used to protect the brand that makes you different from others in the market.
Trademark Registration Procedure in Pakistan
Trade Marks are registered and protected under Trade Marks Ordinance, 2001 in Pakistan. For a purpose of registration of Trade Mark following procedure is commonly adopted:
An application seeking nationwide search of Trade Mark.
Filing of Trademark Application.
Preliminary Examination by Registrar of Trademarks Pakistan.
Hearing for objections from Public at Large.
Submission of material confirming Trade Mark used.
Decision on Trade Mark.
Publishing of Trademarks Journal of Pakistan.
Renewal of Trade Mark
Trademark registration in Pakistan is valid for 10 years and starts with the registration date. The registration is renewable for periods of 10 years, whereafter the Trade Mark is to be applied afresh. It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.
Trade Mark Classification
In Pakistan Trade Marks are classified under 45 classifications having signatory to International Nice Classification (Agreement) based on Geneva accord executed by 75 Countries. Idea is to register Trade Mark under these classifications capable of distinguishing your goods or services from similar Trade Mark of other classified business sectors. Moreover, a trademark can conveniently be registered in more than one country under the same classification to avoid complexity.
Legal statutory remedy against infringement of Trade Mark
Trade Mark having been registered, is protected under the Trade Mark Ordinance, 2001 and in terms of the said law, any such person aggrieved of infringement can instantly approach the Court of law for interim relief so as to restrain a person from using such Trade Mark. Moreover, a suit for damages can be filed claiming general loss arising out of falsification, counterfeit and undue advantage, as a substantial relief.
Whereas a simultaneous criminal course can also be adopted for prosecuting a person who has committed an offense of infringement by lodging a First Information Report (FIR) with the respective police station in terms of offenses mentioned under Section 478 – 489 of Pakistan Penal Code 1860.
Why Us?
In case your genius brainchild business is ready to be established and you fear theft of your business name or recognition, we at DURRANI LAW can assist you in holding and establishing a statutory business right against such potential theft of name and recognition of your valued business. We are professionally engaged by our client in all matters pertaining to Intellectual rights including the following:
Nation-wide trademark search report
Applying for Trade Mark registration
Trade Mark filling
Make representations before respective IPO authority
Trademark Publication in Trademark Journal
Objecting a Trade Mark Application.
Applying Trade Mark Certificate
Renewal of Trade Mark in Pakistan
Filing of litigation against infringement or Trade Mark
Contesting Litigation with regard to Trade Mark
Trademark Enforcement and Protection in Pakistan
Processing of Documents and record for Trade Mark registration[/vc_column_text][/vc_tta_section][vc_tta_section title=”Copyright Law” tab_id=”1463729953633-f77fc2f4-507f”][vc_column_text]
What is Copyright?
Copyright is a legal right provided to the author of “original works of authorship,” including artistic, dramatic, literary, musical, and certain other intellectual works. The purpose of protecting the copyright of authorship is to guard against different forms of piracy adopted from time to time.
Which Works can be protected under copyright?
The purpose of Copyrights is to protect all “original works of authorship” against any act of piracy etc. Law of copyrights are enshrined under The Copyrights Ordinance, 1962 and includes the following works:
- Musical works
- Artistic works
- Cinematographic Works including motion pictures
- Architectural works
- Books
- Photographs
- Newspapers
- Engravings and sculptural works
- Lectures
- Sound Records
- All types of literary works
- musical works,
- dramatic works
- sound recordings and other audiovisual works
- Computer Softwares
Copyrights Duration
Requisite application for protection of works sought to be registered is to be filed with Intellectual Property Rights Organization, Pakistan and copyrights once obtained for any work, the period of copyright of computer software, literary, dramatic, musical or artistic work (other than a photograph) is the life of the author and 50 years thereafter. Whereas on the other hand, in the case of a photograph and cinematographic including motion pictures, copyright exists for 50 years from the commencement of the calendar year since the publication of the work.
Benefits of Copyrights
Copyrights protection is a legal right vested in the author and copyrights protection benefits the author in many ways including the following:
- Prevent against privacy
- Enables the author to file a claim in Court of law
- Benefits in form of economic rights and economic awards
- Control the mode of publication
- Professional rating in respective market works
Legal Remedies against Infringement
Law provides both civil and criminal remedies including lodging of First Information Report against any person who knowingly infringes or abets the infringement of the copyright in a work protected under the law.
Copyrights Registration Procedure in Pakistan
Copyrights are registered and protected under The Copyrights Ordinance, 1962 in Pakistan. For a purpose of registration of Copyrights following procedure is commonly adopted:
- Filing of Copyrights Application.
- Processing of relevant document
- Preliminary Examination by IPO Pakistan.
- Hearing for objections from Public at Large.
- Submission of material confirming authorship rights.
- Certificate on Copyrights.
Protect your Copyrights
If you are the author of any genius work and you are desirous to protect its copyrights, we at DURRANI LAW provide assistance in applying and protecting your precious works against all sorts of piracies. Please place your queries and we shall instantly get back to you.
If you are the author of any genius work and you are desirous to protect its copyrights, we at DURRANI LAW provide assistance in applying and protecting your precious works against all sorts of piracies. Please place your queries and we shall instantly get back to you.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Patent Law” tab_id=”1628211776077-821fd579-215e”][vc_column_text]
What is a Patent?
Once a patent is registered, apart from the exclusive right of using the patent any other person is prevented from exploiting the invention of the grantee. The patent could be used to raise funds for his business, license it to any third person for commercial returns or sell the patented invention.
A patent is a grant from the government, to a person being the owner of an invention for making, importing, selling, and using the said invention. Said right prevents others from making, using, importing, or selling the invention without his permission.
A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a composition of a new product or a technical improvement on how certain objects work.
Benefits of Registering Patent
Once a patent is registered, apart from the exclusive right of using the patent any other person is prevented from exploiting the invention of the grantee. The patent could be used to raise funds for his business, license it to any third person for commercial returns or sell the patented invention.
Procedure for Patent Registration in Pakistan
Patent Registration involves various steps to be followed till the actual grant of the patent. Following procedure needs to be followed once a company intends to register a patent in Pakistan:
- Application for registration of Patent
- Filing the Complete Specification of the proposed patent work
- Examination by the Patent Office
- Calling for public third part objections
- Contesting third party objection if any
- Grant of patent
- Patent renewal
Patent Duration
The patent is granted for a period of 20 years from the Date of Filing of the application, subject to the payment of annual renewal fees.
Patent Renewal
Patent renewal is sought every year following the expiration of the 4th year till a period of a total of 20 years.
Register your Patent
If case you wish to register a patent for your invention, we at DURRANI LAW provide assistance in registering patents for your invention with IPO Pakistan. We are engaged by our clients in all matters pertaining to Intellectual rights including the following:
- Application for registration of Patent
- Filing the Complete Specification of the proposed patent work
- Processing of necessary paperwork
- Contesting third party objection
- Patent renewal
For all queries leave your details below and we shall instantly respond back.[/vc_column_text][/vc_tta_section][/vc_tta_tabs][/vc_column][/vc_row]