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Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Kodai YAMASHITA
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§Information on Intellectual Property in Pakistan§



Country Information


Official state name: Islamic Republic of Pakistan

Area 796,000 square kilometers (app. twice the area of Japan)
Population 188,020,000 (as of 2016) (annual population growth of 1.07%)
Capital Islamabad
Ethnic groups Punjabi, Sindhi, Pashtun, Baloch
Languages Urdu (national language); English (official language) ※proceedings may be conducted in English
Religion Islam (state religion)



Economic Information

Sources: Homepage of the Ministry of Foreign Affairs

Chief Industries Agriculture, textile industryIn particular, wheat production in the Punjab region is thriving, and ranks fourth globally in terms of output.
GNP (real) (fiscal 2016) USD 250.1 billion
GNP per capita USD 1,413 (white paper on Pakistan’s economy for fiscal 2008/2009)
Real economic growth rate (GDP) 2% (State Bank of Pakistan Annual Report for fiscal 2008/2009)
Inflation rate 20.8% (State Bank of Pakistan Annual Report for fiscal 2008/2009)
Unemployment rate 5.2% (State Bank of Pakistan Annual Report for fiscal 2008/2009)
Foreign reserves USD 14.516 billion (January 2010)
Total amount of trade(fiscal 2008/2009) Exports: USD 19.21 billion; imports: USD 31.67 billion



Foreword

The Islamic Republic of Pakistan set up its intellectual property-related laws in 2000, establishing an intellectual property system in accordance with global standards.

In addition, in 2004, the former trademark office, patent and design office and copyright office were integrated as the Intellectual Property Organization of Pakistan.

At present, industrial property in Pakistan is divided into the three areas of patents, designs, and trademarks.

Further, Pakistan deposited an application to join the Paris Convention for the Protection of Industrial Property, and on July 22, 2004, it became bound by the said convention.




Patents
  Fiscal 2004/05 Fiscal 2005/06 Fiscal 2006/07 Fiscal 2007/08 Fiscal 2014/2015
Number of appln. 493 1406 1790 1535 2000
Number of registrations 484 256 299 152 1800

【1】Information on treaties and legislative systems

Patent Law
Utility Model Law ×
意匠法
Trademark Law
Unfair Competition Prevention Law ×
Copyright Law
Convention establishing the World Intellectual Property Organization
TRIPS
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty ×
Madrid Protocol ×
Trademark Law Treaty (TLT) ×
Berne Convention

【2】Regarding requirements for applicants

The inventor(s) or his/her successor(s) may apply.


【3】Regarding the necessity of a local representative

Persons who do not have an address in Pakistan need a local representative to conduct the proceedings.


【4】Regarding application publications

No system of publishing applications exists, but the applicant is notified of the contents of the application, which are also revealed to the public through an official gazette (Patents Ordinance, Article 21).


【5】Regarding examination

There is no system of requesting examination of applications such as that of Japan, but substantive examination is conducted.

Further, prior to the amendments, the Pakistan patent law obliged examiners to report the examination results of patent applications to the Director General within 18 months of the Pakistan filing date, but after the 2006 amendment, the above obligation to report was abolished. At present, no fixed term for reporting the examination result has been prescribed. (Patents Ordinance, Article 16)


【6】Average time required from filing of application to acquisition of a patent grant

Though there is no system of requesting examination of applications, it on average takes about 18 month from filing of application to acquisition of a patent grant.


【7】Regarding patentability (Patents Ordinance, Article 7)

As in Japan, it is required that the invention possess novelty and that it have industrial applicability.

In addition, items corresponding to the below are not patentable (Patents Ordinance, article 7 (2), (4))


  • 1. Mere discoveries, scientific theories and mathematical methods
  • 2. Objects which possess merely aesthetic characteristics, coming under literature, academia, and fine arts.
  • 3. Schemes, rules, methods, psychological practices, game methods, methods of business activity
  • 4. Ways of presenting information
  • 5. Naturally living creatures or substances isolated from such
  • 6. Inventions which contravene the mores of public order and morality, harm humans, animals, or plants, or are prohibited by other laws
  • 7. Operative, therapeutic, or diagnostic methods concerning humans or animals.
  • 8. Chemical products merely produced from a chemical formula and objects made by a pre-existing manufacturing process. However, patentable inventions are excluded.

【8】Standard for judging novelty

Novelty is judged on the criteria of domestic and foreign recognition, as well as domestic and foreign publications (Patents Ordinance, Article 8)


【9】Response to Office Actions

Pakistani patent law does not stipulate a period for response to an Office Action. As such, an applicant wishing to delay patent prosecution can opt not to respond to an Office Action.

In Pakistan, claims in the two-part form are supposed to be preferable as with claims of a European patent application.


【10】Regarding duration

As in Japan, duration of the patent right is determined as twenty years from the filing date (Patents Ordinance, Article 31).

Further, it is not possible to apply for registration of an extension of the term of patent right.


【11】Regarding opposition proceedings

Any person may file a patent opposition within four months of the notification (Patents Ordinance, Article 23).


【12】Regarding invalidation trials (Patents Ordinance, Articles 47 and 48)

An invalidation trial system or corresponding system exists

Also, as in Japan, there is no limitation to the term for requests.


【13】Regarding implementation duties of the patented invention (Patent Ordinance, Article 59)

Implementation duties apply. Specifically, they are in effect for up to four years from the filing date or for up to three years from the date of the decision for a patent grant.


【14】Regarding lawsuits for infringement (Patent Ordinance, paragraph 60)

In the event of a patent right infringement, right holders may file a lawsuit with the regional court.

Patent right infringement refers to cases of a third party using, selling, counterfeiting or imitating the invention.


【15】Border control

Right holders can submit information regarding registered goods, etc, to customs.

Prescribed fees have to be paid for this procedure.




Designs
  Year of 2012 Year of 2013 Year of 2014 Year of 2015
Number of Application 494
From Foreign Country: 99
From Japan: 30
457
From Foreign Country: 126
From Japan: 52
558
From Foreign Country: 83
From Japan: 30
489
From Foreign Country: 125
From Japan: 59
Number of Registration 361
From Foreign Country: 110
From Japan: 16
372
From Foreign Country: 97
From Japan: 44
592
From Foreign Country: 90
From Japan: 28
309
From Foreign Country: 71
From Japan: 36

【1】Information on treaties, etc.

Pakistan is a signatory to the Paris Convention and the WTO Agreement.

It has not yet acceded to the Hague Agreement and the Locarno Agreement.


【2】Regarding requirements for applicants

The creator(s) or his/her successor(s) may file an application.


【3】Regarding the necessity of a local representative

Persons who do not have an address in Pakistan need a local representative to conduct the proceedings.


【4】Regarding examination

Substantive examination is conducted.


【5】Standard for judging novelty

Novelty is judged on the criteria of domestic and foreign recognition, as well as domestic and foreign publications (Design Ordinance, Article 3).


【6】Regarding duration (Design Ordinance, Article 7)

Duration of design right is determined as five years from the filing date.

Further, it is possible to extend the term of duration of the design right by two periods of ten years each.


【7】Regarding opposition proceedings

None exist.


【8】Regarding invalidation trials

There is a system corresponding to the invalidation trial system.

Specifically, interested parties may request cancellation of the registration within two years of the registration.

Further, a significant difference between the invalidation systems in Japan and Pakistan is that while in Japan requests for an invalidation trial are filed with the JPO, in Pakistan they are filed with the Supreme Court. (Design Ordinance Article 10)


【9】Regarding infringement lawsuits (Design Ordinance, Articles 8, 9)

In the event of a design right infringement, right holders may file a request for compensation for damage and demand an injunction.




Trademarks
  Year of 2012 Year of 2013 Year of 2014 Year of 2015
Number of Application 19,655
From Foreign Country: 4,342
From Japan: 252
20,822
From Foreign Country: 5,114
From Japan: 0
25,267
From Foreign Country: 4,691
From Japan: 343
28,056
From Foreign Country: 4,512
From Japan: 343
Number of Registration 6,442
From Foreign Country: 3,453
From Japan: 186
9,305
From Foreign Country: 3,528
From Japan: 0
9,183
From Foreign Country: 3,418
From Japan: 160
9,436
From Foreign Country: 4,100
From Japan: 299

【1】Information on treaties, etc.

Pakistan is a signatory to the Paris Convention and the WTO Agreement.

It has not yet acceded to the Trademark Law Agreement (TLT), the Madrid Agreement and Protocol, and the Nice Agreement.


【2】Regarding the necessity of a local representative

Persons who do not have an address in Pakistan need a local representative to conduct the procedures.


【3】Regarding examination

Substantive examination is conducted. Specifically, an examination report is issued by the examiner within three months of the filing of the application, and if there is no problem with the application content, it is published in the trademark journal.

If no opposition to the registration is declared in the two months following the trademark journal publication, the trademark application is acknowledged as legitimate.


【4】Regarding principles of the granting of rights

Pakistan has adopted the first-to-file rule.


【5】Regarding collective trademarks

A collective trademarks system exists in Pakistan as well. (Trademark Ordinance, Article 82)


【6】Regarding domestic registration requirement

The domestic registration requirement is a requirement stipulating that in order for a person to file an application in a country other than his/her own, the trademark must already have been registered in his/her own country. However, this requirement does not apply in Pakistan.


【7】Regarding duration

The duration of trademark right is determined as ten years from the filing date.

Further, renewal of the trademark is possible, the extension period also being ten years.


【8】Regarding cancellation for non-use

In Pakistan, as in Japan, if a registered trademark is not used, it is cancelled. Unlike Japan, the term of non-use is five years.


【9】Regarding transfer

As in Japan, only trademark right that is unrelated to one’s own business may be transferred.


【10】Regarding opposition proceedings (Trademarks Ordinance, Articles 28 and 29)

An examination report is issued within three months of filing the application, and if there is no problem with the content, it is published in the trademark journal. Opposition to the trademark registration may be declared within two months of publication in the above journal. The reasons for opposition are limited to prescribed items (Trademarks Ordinance, Article 29).


【11】Regarding invalidation trials

There is a system corresponding to the invalidation trial system.

Also, as in Japan, there is no limitation to the term for requests.


【12】Regarding classification

As in Japan, there are thirty-four classifications for goods and eleven classifications for services.

Also, Pakistan has adopted an international classification based on the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.


【13】Regarding trademark right infringement (Trademarks Ordinance, Article 40)

As in Japan, acts of third parties using a registered trademark without authorization or a trademark that resembles it for identical or similar goods or services constitutes trademark infringement.

Further, there are regulations concerning prescribed acts which do not constitute trademark infringement (for instance, use in good faith or use of names, etc.). (Trademarks Ordinance, Article 42).


【14】Regarding lawsuits for infringement (Trademarks Ordinance, Article 46)

In the event of a trademark right infringement, right holders may file a request for compensation for damage and demand an injunction.




Border Control on Importation of Counterfeit Product

[1] Introduction

On October 19 2017, JETRO and Japanese Consulate General in Kalach together held a seminar on intellectual property right protection within the city of Kalach. In this seminar, the director general of the Directorate General of Intellectual Property Rights Enforcement (DGIPRE), which was established in April 2017, delivered a lecture on intellectual property right protection, for which lecture the Japanese companies which attended the seminar let out their expectant voices.

Since the above seminar was aimed particularly at reinforcement of linkage between the DGIPRE and Japanese companies, the DGIPRE asked Japanese companies for their positive provision of information about how to distinguish their new products from counterfeit products.


[2] Flow of Border Control

In a case where a company's intellectual right is infringed by another party, the company shall file a petition with the DGIPRE.

*Note: The company needs to complete registration of the intellectual right (such as a trademark) before filing such a petition.

Based on the petition, the DGIPRE will start investigation in cooperation with the Pakistan Intellectual Property Organization (IPO-Pakistan), which controls intellectual properties in Pakistan.



《Sources・reference materials・links etc.》

http://www.jetro.go.jp/world/asia/pk/invest_08/

http://www.mofa.go.jp/mofaj/area/pakistan/data.html

http://www.ipo.gov.pk/

APPI vol. 46 №5

PatentsOrdinance2000

DesignsOrdinance2000

Trademark Ordinance

http://www.jpo.go.jp/indexj.htm

List of summaries of the world’s industrial property (source: JPO)

JETRO –World's Business News (Trade publicity)


Patent&Trademark Attorney


Domestic Secretary Group Manager
Secretariat and Administration Department PCT Applications Department Manager
Small and Medium Enterprises Consultation Chief Advisor / Office Manager / IP Manager
Patent&Trademark Attorney
Specialist
Kodai YAMASHITA
Kodai YAMASHITA Majored in Law

The acquisition and exploitation of intellectual property rights has the potential to bring solutions to the issues faced by our clients in the pursuit of their business objectives. It thus constitutes a crucial element of their business plan.

Keeping the above in mind, it is my goal, as a patent attorney, to work for the smooth acquisition and exploitation of our client’s intellectual property rights. In this way, I hope to achieve the central principle of our firm’s philosophy: “maximize our clients’ satisfaction and benefit”.
Osaka Legal Department Trademark Division Manager
Legal Department
Patent&Trademark Attorney / Specially Qualified Attorney For Infringement Litigation
Researcher
Kazunori TAKEDA
Kazunori TAKEDA Majored in Law

Specialized in design, trademark, copyright, computer program registration, semiconductor circuit layout-design registration.

As a patent attorney, I feel a great responsibility for establishing and protecting our clients’ important intellectual property rights.
I will make every effort to be of great assistance to our clients.
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