Introducction to intellectual property:
Intellectual Property Organization of Pakistan (IPO-Pakistan) was established as an
autonomous body on April 8, 2005 under the administrative control of the Cabinet
Division for integrated and efficient intellectual property management in the
country. On July 25, 2016, the administrative control of IPO-Pakistan was
transferred from Cabinet Division to Commerce Division. The Trade Marks
Registry, Copyright Office and the Patent & Design Office became part of the new
Organization under a unified and integrated management system. The major
functions of the Organization, inter alia, include:-
- Administer and coordinate all Government systems for protection and
strengthening of Intellectual Property (IP);
- Manage all IP offices in the country;
- Create awareness about IP Rights;
- Advise Federal Government on IP Policy;
- Ensure effective enforcement of IP rights through designated IPR Enforcement
Agencies (Police, FIA, and Pakistan Customs).
Patents:
A patent is grant of exclusive rights for an invention to make, use and sell the
invention for a limited period of 20 years. The patent grant excludes others from
making, using, or selling the invention. Patent protection does not start until the
actual grant of a patent. A patent owner has the right to decide who may or may not
use the patented invention for the period in which the invention is protected. The
patent owner may give permission, or license, to other parties to use the invention
on mutually agreed terms. The owner may also sell the right to the invention to
someone else, who will then become the new owner of the patent. Once a patent
expires, the protection ends and invention enters the public domain, that is, the owner
no longer holds exclusive right to the invention which becomes available to
commercial exploitation by others. The patent system is desirable in the public
interest that industrial techniques should be improved. The monopoly rights are
granted in lieu of disclosure of the invention i.e advancement in technology. In order
to encourage improvements and to encourage also the disclosure of improvements
in preference to their use in secret. Any person devising any improvement in a
manufactured article or in machinery or methods for making it, may upon disclosure
of his improvement at the Patent Office demand to be given a monopoly in the use
of it for a limited period. After that period, it passes into the public domain.
Patentable Inventions in Pakistan:
In order to be patentable an invention should have the following
characteristics:
- The invention should be process or product
- The invention should be novel or new
- It involves an inventive step
- It is capable of industrial application
Patent applications are examined under the Patents Ordinance, 2000 and Rules
there under for both technical and legal merits. These characteristics are briefly
explained below:
Invention whether Product or Process
Invention means any new and useful product or process, in any field of
technology; and includes any new and useful improvement of either of them.
Whereas as a “process” means any art, process or method or manner of new
manufacture of a product and a “product” means any substance, article, apparatus,
or machine.
Novelty:
An invention shall be considered to be novel or new if it does not form part of
the state of the art. The state of the art shall comprise everything disclosed to the
public anywhere in the world, by publication in tangible form or by oral disclosure,
by use or in any other way, prior to the filing or, where appropriate, the priority date,
of the application claiming the invention. The public use or knowledge of an
invention anywhere in the world before the date of the application would prejudice
the novelty of the invention. Applicants for patents should therefore, take particular
care to see that their inventions are not publicly used anywhere in the world, prior to
the date of their patent applications. Publication of the invention should, therefore,
be avoided before applying for Patents. However, disclosure of a patentable
invention in respect of goods shall not constitute ‘state of the art’ if an article is
exhibited at an official or officially recognized international exhibition within twelve
months preceding the date of filing of an application for grant of patent.
Inventive Step:
An invention shall be considered as involving an inventive step if it has not
been obvious to a person skilled in the art, prior to the date of application for a patent.
In order to be patentable, the new subject must involve invention over what is old.
A patent for new use of a known contrivance, without any additional ingenuity in
overcoming fresh difficulties is not an invention. If the new use involves no
ingenuity, but is in manner and purpose is analogous to the old use, although not
quite the same there is no invention. There should be a substantive change or
improvement or addition in the prior art.
Industrial Application
An invention shall be considered to be capable of industrial application if it
is capable of being manufactured or otherwise industrially used.
Exceptions & Non-Patentable Inventions in Pakistan
The following shall not be regarded as invention within the meaning of the
Patent ordinance, 2000
- a discovery, scientific theory, law of nature or mathematical method;
- a literary, dramatic, musical or artistic work or any other creation of purely
aesthetic character whatsoever;
- a scheme, rule or method for performing a mental act, playing a game or doing
business;
- the presentation of information, computer software; and
- that exist in nature or if isolated there from.
Patent shall not be granted for:
invention against the “order public” or morality, including to protect human,
animal or plant life or health or to avoid serious prejudice to the environment;
plants and animals other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological and
microbiological processes;
diagnostic, therapeutic and surgical methods for the treatment of humans or
animals;
a new or subsequent use of a known product or process; and
a mere change in physical appearance of a chemical product.
Types of Patent Application
Patent applications can be applied in the following manners:
- An ordinry patent application with “provisional or complete specification”,
which is dated as of the official date of the application for the patent.
- A convention patent application claiming “right of priority”, which is dated as
of the official date of the corresponding application for patent first made in a
country which is the member of WTO (World Trade Organization).
- Application for a patent of addition, for improvement or modification of an
invention for which a patent has already been applied for or granted.
Industrial Design
1. What is an Industrial Design?
An industrial design is the ornamental or aesthetic aspect of an article. The design
may consist of three-dimensional features, such as the shape or surface of an
article, or of two dimensional features, such as patterns, lines or colour. Industrial
designs are applied to a wide variety of products of industry and handicraft: from
technical and medical instruments to watches, jewellery and other luxury items;
from house wares and electrical appliances to vehicles and architectural structures;
from textile designs to leisure goods. An industrial design is primarily of an
aesthetic or visual nature, and does not relate to the technical features of an article.
2. Advantages of Registered Designs
The owner is able to prevent unauthorized copying or imitation of his or her design
by third parties. In addition, as industrial designs add to the commercial value of a
product & facilitate its marketing & commercialization, their protection helps
ensure that a fair return on investment is obtained. Protection of industrial designs
encourages fair competition & honest trade practices. It leads to the production of
more aesthetically attractive & diversified products, thereby broadening consumer
choice. Industrial design protection acts as a spur to a country’s economic
development by contributing to the expansion of commercial activities & by
enhancing the export potential of national product.
3. Disadvantages of Unregistered Designs
The owner is unable to prevent unauthorized copying or limitation of his or her
design by third parties. Non-protection of industrial designs discourages unfair
competition & dishonest trade practices.
4. What may not be registered?
The following do not constitute registrable designs within meaning of the
Ordinance:
A design, which in the opinion of the Registrar of Designs is not new or original.
A design which is the same as a design already registered or published anywhere in
the world before the date of the application (or, in the case of an application
claiming priority of date under Section 11, before the priority date), or which
differs from such prior design only in immaterial details or in features which are
variants commonly used in the trade.
Introduction to Copyright
copyright is a legal instrument that provides the creator of a work of art or
literature, or a work that conveys information or ideas, the right to control how the
work is used. The intent of copyright is to advance the progress of knowledge by
giving an author of a work an economic incentive to create new works.
Copyright includes the following creative works:
Literary works which includes Books, Magazines, Journals, Lectures, Dramas,
Novels, Computer programmes/Software and compilation of data etc.
Artistic works like paintings, Maps, photographs, drawings, Charts, Calligraphies,
Sculptures, Architectural Works, Label Designs, Logos, Monograms and other
works alike.
Cinematographic works which includes movies, audio-visual works,
documentaries etc; and
Record works which include sound recordings, musical works etc.
Copyright Office and Governing Legislation since Independence:
1- After independence in 1947, Pakistan adopted the British Copyright Act, 1911;
2- The British Copyright Act, 1911 was replaced by the Copyright Ordinance,
1962;
3- The Copyright Office, at Karachi in 1963;
4- The Copyright Rules of, 1967 as amended in 2002;
5- Registration started in 1967;
6- The International Copyright Order, 1968;
7- The Copyright Board (Procedure) Regulations 1981;
8- Branch office in 1984 at Lahore;
9- Part of IPO-Pakistan since 2005.
Copyright Office Provides:
Copyright Office provides services for registration of a copyright work. The
registration of copyright work is voluntary and granted only if an owner files an
application as per prescribed method. However, registration of copyright work is
recommended, as a certificate issued by the Copyright Office serves as prima-facie
evidence to prove the ownership of copyright before the court of law or any
authority.
Steps for Registration of Copyright:
1-Filing of application
2-Examination
3-Publication in newspaper (Artistic Work only)
4-Opposition, if any
5-Issuance of Certificate by Registrar (Registration)
