How To Protect Your Intellectual Property Rights In Pakistan

With the gargantuan China Pakistan Economic Corridor (CPEC) initiative, Pakistan is going to become an important trade hub between China, Central Asia and Europe. The One Belt / One Road project, which started back in the year 2016, includes the largest deep-sea port in the region, rails, roads and airports.

Due to its strategic location bordering China, India and Afghanistan, Pakistan has a unique commercial position altogether, so that a high volume of trade in goods, both internationally and locally, is expected to be in transit. Where there is much light, there is also much shadow, and numerous chances for counterfeit goods to travel down the road on their way to the international markets. The government of Pakistan is keeping an eye on this phenomenon by providing several platforms to IP owners aimed at protecting their IPRs.

Customs recordal To prevent counterfeit goods from entering the local and international markets, brand owners may enforce their rights through the Pakistan customs by filing a written complaint with proof of their IP registrations. Right holders have the option to record their trademarks and copyrights (provided they are registered with the Pakistani PTO) with the customs so that the customs officials will watch the IPRs throughout Pakistan.

Remedies:

Fines, seizures and destruction of counterfeit goods.

Criminal prosecution Following market surveys for the detection of counterfeits, brand owners may file criminal complaints through the local police, or The Federal Investigation Agency (FIA).

Action will be taken by a written complaint filed with a proof of ownership of the IPRs. The offense is persecuted under the Copyright Ordinance 1962 (amended in 2000), the Trademark Ordinance 2001 and the Penal Laws of Pakistan.

Remedies:

Investigations, anti-counterfeit raids, destruction of fakes and the arrest of the infringer. The case will be transferred to the Criminal Court for further trial under the Criminal Procedure Code of Pakistan.

Civil action After the formation of the Intellectual Property Tribunal in Pakistan under the IPO Act 2012, brand owners may seek a remedy by filing a lawsuit (civil suit) against the infringer...