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INTRODUCTION TO INTELLECTUAL
PROPERTY LAW IN PAKISTAN
Ahmad Farooq Malik
(Barrister-At-Law)
 What is Property ?
• ‘Property’:
Money or moneys worth
 Kinds of Property
• Corporeal Property

 Property of a material nature;

 Tangible Property
 Kinds of Property
Incorporeal Property

• Lacking material form or substance.

• a property or an asset that does not have
value in material form.
• Intangible Property
 Kinds of Property

Corporeal property which can be touched. An

example would be a window glass.

The view through the window is incorporeal.

 “Intellectual Property” ?
What is Intellectual Property?
Creations of the Mind:
i) Symbols, Names and Images used in
commerce
ii) Literary and Artistic Works
iii) Inventions
 Intellectual property is divided into
two categories:
i) Industrial Property which includes Patents for inventions,
Trademarks, Industrial designs, Geographical
Indications.
ii) Copyright covers:
Literary works (such as novels, poems and plays), films,
music, artistic works (e.g., drawings, paintings,
photographs and sculptures) and architectural design.
Rights related to copyright include those of performing
artists in their performances, producers of phonograms
in their recordings, and broadcasters in their radio and
television programs.
 GENERAL PRINCIPLES:

The moral basis for protection of Intellectual

Property finds its mention in the Holy Quran
(Sura Al-Baqara, Versus 186):

“Do not usurp one another’s property by unjust

means, nor bribe with it the judges in order that
you may knowingly and wrongfully deprive
others of a part of their possessions”.
 GENERAL PRINCIPLES:

All Intellectual Properties are intangible

properties. They conform to the word,
“Maal” –anything having money value- the
definition given by Imam Shafi and
accepted by Malikies and Hamblies. (PLD
1983 FSC 125).
 GENERAL PRINCIPLES:

The law does not permit one to

appropriate for himself what has been
produced by the labour, skill and capital of
another. This is the very foundation and
philosophy of Intellectual Property laws.
(Intellectual theft).
Areas Covered in Intellectual Property

1. Copyright and related rights

2. Trademarks, Service Mark &
Domain Names
3. Industrial Designs
4. Patents
5. Geographical indications
Areas Covered in Intellectual Property

6. Plant Breeders Rights

7. Layout Designs (Topographies of
integrated circuits).
8. Protection of undisclosed
information/Trade Secret
9. Others (Utility Models).
 LEGISLATION ON INTELLECTUAL PROPERTY

TRADEMARKS

• Trade Marks Ordinance, 2001

• Trade Marks Rules, 2004.
• Trade and Merchandise Act 1889.
• Pakistan Penal Code, 1860
 LEGISLATION ON INTELLECTUAL PROPERTY

COPYRIGHTS

• The Copyright Ordinance 1962.

• The Copyright Rules, 1967.
• The International Copyright Order 1968.
• The Copyright Board (Procedure) Regulations, 1981.
 LEGISLATION ON INTELLECTUAL PROPERTY

PATENTS & DESIGNS

• Patents Ordinance, 2000
• The Registered Designs Ordinance 2000
• Registered Layout-Designs of Integrated Circuits
Ordinance, 2000
• Patents Rules 2003.
• Secret Patent Rules 1993.
 History - What are IPR?

• Property Rights allowing creators, or owners, of patents,

trademarks or copyrighted works to benefit from their
own work or investment in a creation.
• Rights outlined in Article 27 of the Universal Declaration
of Human Rights.
• Importance of IP first recognized in the Paris Convention
for the Protection of Industrial Property (1883);
• Berne Convention for the Protection of Literary and
Artistic Works (1886).
 Intellectual Property Laws aim to

• a) Protect the owner – both his person and business;

• b) Protect consumers and public interest;
• c) Lead to improvement of quality of life;
• d) Lead to increased tax revenue generation for
government.
• e) Lead to circulation of wealth in the society
through dependant industries.
 Why promote and protect IP?

• Legal protection of new creations encourages the

commitment of additional resources for further
innovation.
• Promotion and protection of intellectual property spurs
economic growth, creates new jobs and industries, and
enhances the quality and enjoyment of life.
• Strike a balance between the interests of innovators and
the public interest, providing an environment in which
creativity and invention can flourish, for the benefit of all.