Pakistan

table of contents

Country information

Official country name: Islamic Republic of Pakistan

area 796,000 square kilometers (approximately twice the size of Japan)
population 207.77 million people (Pakistan Ministry of Statistics Census 2017)
capital islamabad
People Punjabi, Sindhi, Pashtun, Baloch
言语 Urdu (national language), English (official language) *Procedures can be completed in English
Religious Islam (state religion)

Economic information

Source: (Ministry of Foreign Affairs website)

Major industries Agriculture, textile industry
GDP (real) Approximately $314.5 billion (2018) (World Bank)
GNI per person Approximately 1,500 USD
(2018/2019 Pakistan Ministry of Finance Economic White Paper)
Real economic growth rate (GDP) 3.29%
(2018/2019 Pakistan Ministry of Finance Economic White Paper)
Price increase rate 7.0%
(2018/2019 Pakistan Ministry of Finance Economic White Paper)
Unemployment rate 5.8%
(2018/2019 Central Bank of Pakistan Annual Report)
foreign exchange reserves 19 billion dollars
(As of February 21, 2020, Central Bank of Pakistan)
Total trade amount Exports: 17.1 billion dollars, imports: 40.1 billion dollars
(2018/2019 Pakistan Ministry of Finance Economic White Paper)

first

The Islamic Republic of Pakistan established intellectual property laws and regulations in 2000, establishing an intellectual property legal system that is in line with global standards.

In addition, under the Pakistan Intellectual Property Organization Act (2012), three institutions, namely the Trademark Registry under the Ministry of Commerce, the Patent and Design Office under the Ministry of Industry, and the Copyright Office under the Ministry of Education, have been integrated into Pakistan. Intellectual Property Organization was established.

Currently, there are three types of industrial property rights system: patents, designs, and trademarks.

Furthermore, Pakistan has deposited its instrument of accession to the Paris Convention for the Protection of Industrial Property and will be bound by the convention from July 22, 2004.

 

 

Patent

Statistics on the number of applications and registrations in recent years

  2015 XNUMX XNUMX XNUMX
Number of applications 886 840 XNUMX 892
Number of registrations 131 214 169 265

Legal system and treaty-related information

Patent law Yes
utility model law None
Design law Yes
Trademark law Yes
Unfair Competition Prevention Law None
copyright law Yes
WIPO Establishment Treaty 加入
TRIPS 加入
treaty of paris 加入
PCT Treaty Not subscribed
madrid protocol Joined in May 2021
Trademark Law Treaty (TLT) Not subscribed
Berne Convention 加入

About procedural language

English can be used as the language for application procedures, etc.

About applicant qualifications

An application can be filed by the inventor or his or her assignee or successor in interest. (Article 11 of the Patent Act)

Regarding the need for a local agent

Those who do not have a local residence will need a local representative to carry out the procedures.

About the application publication system

Although there is no application publication system, the fact that the complete specification has been accepted by the government office is published in the official gazette.

Upon publication, the application, complete specification and priority document will be made available for public inspection. (Article 21 of the Patent Act)

About the examination request system

There is no application examination request system, but a substantive examination will be conducted. (Article 16 of the Patent Act)

Average time from application to patent grant

The average time from application to patent grant is approximately 18 months.

About patentability

Inventions are required to be novel, involve an inventive step, and be industrially applicable. (Article 7 of the Patent Act)

In addition, the following items are not patentable: (Article 7(2)(4) of the Patent Act)

  • 1) discovery, scientific theory or mathematical method
  • 2) Literary, dramatic, musical or artistic works or any other creations of a purely aesthetic nature;
  • 3) A plan, rule or method for conducting a mental act, game or business.
  • 4) Presentation of information
  • 5) Naturally occurring substances or substances isolated therefrom
  • 6) Inventions considered necessary for the protection of public order or morals, including the protection of people, animals, or plants or the avoidance of serious harm to the environment.
  • 7) Plants and animals other than microorganisms and essentially biological processes for producing plants or animals other than non-biological and microbiological processes
  • 8) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals
  • 9) New or subsequent uses of known products or methods
  • 10) Mere changes in the physical appearance of a chemical product, but the chemical formula or manufacturing method remains the same. However, this does not apply to inventions that meet patentability standards.

Criteria for determining novelty

It is considered novel if it does not form part of the following technical standards: (Article 8 of the Patent Act)

  • 1) All matter disclosed to the public anywhere in the world, by publication in tangible form or by oral disclosure, by use, or in any other manner, before the filing date or priority date.
  • 2) Contents of the complete specification and priority document published pursuant to Article 21 of the Patent Law.
  • 3) Traditionally developed or existing knowledge available or owned by the local community.

Regarding application examination

The Commissioner of the Patent Office will refer the examiner to carefully examine the complete specification, etc. that has been filed. The examiner examines whether the applied invention satisfies requirements such as novelty and inventive step, and reports the examination results to the Commissioner of the Patent Office. (Article 16, Paragraph 1 of the Patent Act)

The examiner will report the examination results to the Commissioner of the Patent Office within 18 months from the filing date. (Article 16, Paragraph 2 of the Patent Act)

If the examiner's report on the examination results does not satisfy any of the requirements such as novelty or inventive step, the Commissioner of the Patent Office will request the applicant to confirm the novelty or inventive step within a prescribed period. We will give you at least one opportunity to meet the requirements. You will also have the opportunity to amend your application if necessary. If the applicant does not comply with this, the Commissioner of the Patent Office will refuse the application. (Article 16, Paragraph 3 of the Patent Act)

About the duration

The period is 20 years from the filing date. (Article 31 of the Patent Act)

Please note that there is no application system for registering an extension of the duration of a patent right.

About the opposition system

Any person may file an opposition to the grant of a patent within four months from the date of publication. (Article 23 of the Patent Act)

Regarding patent revocation

Upon application by any interested party or the federal government, or on counterclaim in a patent infringement action, a high court may revoke a patent, in whole or in part, on any one or more of the grounds for refusing to grant a patent. (Article 46 of the Patent Act)

Compulsory license for patented inventions

If a request is made to the Commissioner of the Patent Office after the expiration of the later of four years from the date of application or three years from the date of grant of the patent, the Commissioner of the Patent Office shall determine the rights conferred by the patent. Compulsory licenses can be issued to prevent possible harms that may result from the exercise of, for example, non-performance. (Article 59 of the Patent Act)

About infringement lawsuits

Patent owners can file lawsuits in local courts when their patent rights are infringed. (Article 60 of the Patent Act)

A patent right is infringed when a third party manufactures, sells, practices, counterfeits, or imitates the invention.

Waterfront measures

Patent holders can provide customs registration information, registered products, etc. information to customs. Please note that you will be required to pay a prescribed fee for this response.

Regarding price revisions

From March 4, 2019, public fees for trademark and patent procedures in Pakistan were increased by 50% across the board.

For your reference, we have posted the URL to the fee list published by the Pakistan Patent Office.

URL:
http://www.ipo.gov.pk/system/files/Notification%20of%20Revision%20of%20fee-Patent%20%2804.03.2019%29.pdf

 

 

design

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

Information related to treaties, etc.

We are a member of the Paris Convention and the WTO Agreement.

Please note that Japan is not a member of the Hague Agreement or the Locarno Agreement.

About applicant qualifications

The creator or his or her successor can apply.

Regarding the need for a local agent

Those who do not have a local residence will need a local representative to carry out the procedures.

About the examination system

A substantive examination will be conducted.

Criteria for determining novelty

Judgments are made based on domestic and foreign public knowledge and domestic and foreign publications (Article 3 of the Design Act).

Regarding duration (Article 7 of the Design Act)

The period is 5 years from the filing date.

There is a system for extending the term of a design right, and it can be extended twice for a period of 10 years.

About the opposition system

to do so.

About the invalidation trial system

There is an invalidation trial system or a similar system.

Specifically, interested parties can request cancellation of registration only within two years of registration.

Furthermore, in Japan, the destination for requests for invalidation trials is the Japan Patent Office, but in the case of Pakistan, the destination for requests for invalidation trials is the Supreme Court, which is a major difference (Article 10 of the Design Act).

Regarding infringement lawsuits (Articles 8 and 9 of the Design Act)

If a design right holder's rights are infringed, he or she can claim compensation for damages or seek an injunction.

 

 

商標

  2016 2017 2018 2019 2020
Number of applications 36,126 38,425 37,981 38,332 40,578
Year-on-year change: 5.9%
(Increase rate)
Number of registrations 12,649 12,112 25,498 23,885 17,503
Year-on-year change: -26.7%
(Increase rate)

*1 application per category system adopted

*The number of applications exceeded 2016 in 3 and reached 2020 in 4.

*The number of registrations almost doubled from 2017 to 2018, but has continued to decline since then, and in 2020 it has decreased to about 3/4 of the previous year.

Source: FY3 Trademark Application Trend Survey Report (Summary)

*Although the number of applications itself can be said to be steady, the proportion of applications by domestic citizens is high, and the proportion of applications from overseas is not large (it has continued to decrease since 2016 and remains at around 2020% in 10).

Information related to treaties, etc.

We are a member of the Paris Convention, the WTO Agreement, and the Madrid Protocol.

Please note that we are not a member of the TLT (Trademark Law Treaty) or the Nice Agreement.

*Information about Mado Pro

On May 2021, 5, Japan became the 24th member country of Madpro. Therefore, it is now possible to designate Pakistan in Madpro applications.
However, as of October 2021, we have not been able to confirm that provisions have been put in place in Pakistan's domestic laws to join MadPro. At this stage, some local agents seem to be of the opinion that it is important to be cautious about designating Pakistan as a designated country under MadPro (from the perspective of how the procedures will proceed and whether rights can be exercised smoothly). concerns expressed).

Regarding the need for a local agent

Those who do not have a local residence will need a local representative to carry out the procedures.

*A notarized power of attorney must be submitted. However, it is possible to submit a power of attorney later.

About the examination system

A substantive examination will be conducted. Specifically, the examiner will issue an examination report within three months of filing the application, and if there are no problems with the application, the report will be published in the Trademark Journal.

If no opposition is filed within two months from the date of publication in the Trademark Journal, the trademark application will be deemed legal.

*About payment of registration fee

According to the Pakistan Trademark Law, there is a provision that if the registration fee is not paid within a certain period, the application will be withdrawn (Article 33(2)). In fact, regarding the payment of the registration fee, the Pakistan office will notify you that the payment is to be made within one month from the receipt of the notice (Demand Note).

About the principles of granting rights

Pakistan has adopted a first-to-file system.

About the collective trademark system

Pakistan also has a collective trademark system (Article 82 of the Trademark Law).

About the basis of application

At the time of filing, it is necessary to specify ① the date on which the applied trademark is already used in Pakistan or if there is a clear plan to use it, and ② if the application is based on the intention to use it, specify that fact. there is.

Please note that the home country registration requirement (when a foreigner files an application in a country other than his or her home country, the trademark must be registered in advance in the home country) is not required in Pakistan.

About the duration

The period is 10 years from the filing date.

There is also a renewal system for trademark rights, which lasts for 10 years.

Regarding cancellation of non-use

In Pakistan, as in Japan, if a registered trademark is not used, it will be canceled.

The period of non-use is 5 years, unlike in Japan.

About relocation

As in Japan, only trademark rights can be transferred regardless of one's own business.

Regarding the opposition system (Trademark Law Articles 28 and 29)

Oppositions can be filed with the Trademark Registry within two months from the date the trademark is published in the Trademark Bulletin.

  • Published in Trademark Bulletin
       ↓ Within 2 months (up to 2 months extension possible)
  • Filing an objection
       ↓ Within 1 months (up to 2 months extension possible)
  • Answer book
       ↓
  • affidavit + evidence
       ↓
  • Affidavit + evidence (for rebuttal)
       ↓
  • Oral trial
       ↓
  • final decision  *It is said that it will take 2 to 4 years.

Regarding the period for filing an opposition, those filing an opposition can apply to extend the filing deadline twice by one month each (extension for a total of two months is possible).

The application for opposition must contain very detailed information, including all factual and legal bases supporting the opposition, in accordance with the provisions of Pakistani law.

If the applicant does not defend against the opposition and does not file his/her written reply, the Registrar will treat the applicant as having abandoned the application and the opposition will be filed without controversy.

The Registrar will issue a reply to the opponent and request the opponent to submit an affidavit in support of the opposition and supporting documentary evidence.

Upon receiving the affidavit etc. from the opponent, the registrar shall, after the opponent delivers the submission to the applicant, attach an affidavit supporting the applicant's defense against the opposition and supporting evidence. Request the applicant to submit

If the applicant fails to file affidavits and evidence, the Registrar may conclude against the applicant at the final oral hearing.

The Registrar will issue copies of those documents to the opponent and invite the opponent to submit affidavits and evidence to refute the applicant's claims.

The opponent may submit new affidavits and evidence if he or she deems appropriate.

Upon completion of the above procedures, the Registrar will schedule an oral hearing to hear the arguments of both parties, after which the Registrar will deliver his decision on the opposition. It turns out.

About the invalidation trial system

There is an invalidation trial system or a similar system.

Also, as in Japan, there is no limit to the billing period in principle.

About classification

Similar to Japan, there are 34 product categories and 11 service categories.

In addition, we have adopted the international classification based on the Nice Agreement on the International Classification of Goods and Services for the purpose of registering marks.

Regarding infringement of trademark rights (Trademark Law 40)

As in Japan, the act of an unauthorized third party using a registered trademark or a similar trademark for the same or similar goods or services constitutes an act that infringes on trademark rights.

Furthermore, certain acts that do not constitute infringement of trademark rights (for example, use in good faith or use of a person's name, etc.) are also stipulated (Article 42 of the Trademark Law).

Regarding infringement lawsuits (Trademark Law Article 46)

If a trademark right holder's rights are infringed, they can seek compensation for damages or an injunction.

 

 

Border control measures for importing counterfeit products

first

JETRO and the Consulate General of Japan in Karachi jointly hosted an intellectual property rights protection seminar in Karachi on October 2017, 10. At the seminar, an official from the Department of Intellectual Property Rights Enforcement (DGIPRE), which was established in April 19, gave a lecture on intellectual property protection, and participants from Japanese companies expressed their high expectations. Ta.

In particular, this seminar was held with the aim of strengthening cooperation between DGIPRE and Japanese companies, and DGIPRE asked Japanese companies to proactively provide information on how to distinguish between new products and counterfeit products.

Flow of border measures

If a company has its intellectual property rights infringed, it can file a complaint with DGIPRE.

 ↓ ※However, registration of intellectual property rights such as trademarks must be completed before filing the petition.

Based on the complaint, DGIPRE has begun an investigation in collaboration with the Intellectual Property Organization of Pakistan (IPO-Pakistan), which manages intellectual property.

 

 

Sources, references, 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

https://www.jpo.go.jp/index.html

Summary list of industrial property laws in each country (Source: JPO)

JETRO World Business News (Tsushō Koho)

 

 

Osaka Legal Strategy Department, Trademark Office, Patent Attorney/Specific Infringement Litigation Agent, Researcher  Kengaku Takeda


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