Intellectual Property Laws - Hamza & Hamza Law Associates

IP Laws in Pakistan

Copyright Law

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. Purpose of protecting copyright of authorship is to guard against different forms of piracy adopted from time to time.

Which Works can be protected under copyright?

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 a 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 case of a photograph and cinematographic including motion pictures, copyright exist for 50 years from the commencement of the calendar year since 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 Hamza and Hamza 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.

Patent law

What is Patent?

Once a patent is registered, apart from exclusive right of using the patent any other person is prevented from exploiting 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 government, to a person being 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

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

Patent is granted for a period of 20 years from the Date of Filing of application, subject to the payment of annual renewal fees.

Patent Renewal

Patent renewal is sought every year following the expiration of 4^th year till period of total of 20 years.

If case you wish to register patent for your invention, we at Hamza and Hamza provide assistance in registering patents for your invention with IPO Pakistan. We are engaged by our clients in all matter 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.

Trademark Law

What is a trade mark?

A trade mark is a legal right bestowed on any person who pre-applied for protection of his brain child business. Trade mark can be a sign, logo, symbol, word or combination of all or any of above that a person can use to distinguish their business’ goods or services from those of other traders. Once registered, trade mark is protected against any of its infringements by any person whatsoever.

Benefits of registering a trade mark

In Pakistan it is not compulsory to register a trade mark. However, without registering a trade mark same cannot be claimed and no infringement in this behalf can be established in favor of a person. If you register a trade mark in relation to your goods and/or services, you are effectively gaining a legal monopoly of your business. A trade mark can add value to your business because it can be used to protect your 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:

Application seeking nation-wide 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 use.
Decision on Trade Mark.
Publishing of Trademarks Journal of Pakistan.
Renewal of Trade Mark
A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years, where after 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, trade mark can conveniently be registered in more than one country under 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 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 having committed an offence of infringement by lodging First Information Report (FIR) with respective police station in terms of offences mentioned under Section 478 – 489 of Pakistan Penal Code 1860.

Why Us?
In case your genius brain child business is ready to be established and you fear theft of your business name or recognition, we at Hamza and Hamza 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 matter pertaining to Intellectual rights including the following:

Nation-wide trade mark 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