Sequence of Presentation

 IP & its Types

 Why to Protect IP Rights?
 IPO Management and Organizational Structure
 National IP Laws
 International Treaties
 IP Statistics
 IPR Enforcement Mechanism
 IP Awareness and Advocacy
 Future Prospects

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 What is Intellectual Property?
 Intellectual Property (IP) refers to creations of
the mind, such as inventions; literary and
artistic works; designs; and symbols, names
and images used in commerce.
 IP protects an idea expressed in a tangible
form such as a Book, Invention, Design etc.

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Examples of IP
 Why to protect IP
 Intellectual Property Drives Economic Growth and Competitiveness
(IP-intensive industries account for over 1/3– or 38%– of total U.S.
GDP)
 Strong and Enforced Intellectual Property Rights Protect Consumers
and Families (surety: products are authentic, and of the high-quality
up to standard and not fake)
 Intellectual Property Helps Generate Breakthrough Solutions to
Global Challenges ( 300
( products…W.H.O’s Essential Drug List,
which are critical to saving or improving people’s lives …from the
R&D-intensive pharmaceutical industry….patent protections.)
 Intellectual Property Rights Encourage Innovation and Reward
Entrepreneurs
 Intellectual Property Creates and Supports High-Paying Jobs
 Types of IP
 Patent
 Trade Mark
 Copyright
 Industrial Design
 Integrated Circuits

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 What is IP? – its Types (contd.)
 Patent
 Gives the exclusive right to prevent others from using the
invention for a maximum period of 20 years
 An invention could be a product or process providing a
new way of doing something, or a new technical solution
to a problem
 It may lower cost, create efficiencies, enhance
performance, add new features etc..
 Through exclusivity an opportunity is provided to
recoup costs and make a profit
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 What is IP? – its Types (contd.)
 Trade Mark
 A trademark is a distinctive sign of some kind

 Used by an individual, business organization to uniquely identify

products and/or services to consumers,
 And to distinguish its products or services from those of other
entities.
 It is a type of intellectual property, and typically comprises a
name, word, phrase, logo, symbol, design, image, or a combination
of these elements.
 Distinctive and not Confusingly Similar

 Valid for 10 years from the date of filing

 Can be renewed after every 10 years

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 Protects consumers
 They can differentiate between similar goods

 Information as to the source (quality, reputation,

trust)
 Protects the company –
 Enables the company to build up a reputation and a
loyal clientele and thus a market niche (brand)
 Creates an overall competitive environment which
benefits society as a whole
TRADEMARKS EXAMPLES
 What is IP? – its Types (contd.)
 Copyright
 rights that creators have over their literary and
artistic works
 e.g. Books, paintings and sculptures, photographs,
music, films and technology-based works such as
computer programs and electronic databases etc
 Valid for life and 50 years after the death of owner

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 What is IP? – its Types (contd.)
 Industrial Design
 Refers to the ornamental or aesthetic aspects of a
product
 Right to prevent others from using identical or similar
designs
 Two dimensional features e.g. pattern, lines or colors
etc.
 Three dimensional features e.g. shape or surface

 Valid for a period of 10 years, can be renewed twice for

10 years duration each (maximum 30 years)
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DESIGNS EXAMPLES
 What is IP? – its Types (contd.)
 Geographical Indication (GIs)
 IP that identifies a product to be originated from a certain geographical region.
 Certain quality or reputation due to the geographical region it comes
from….pertaining to agricultural products
 Examples: Bordeaux wine, Ceylon tea, Gruyere cheese, Swiss chocolates,
Champagne, Colombian coffee
 Protects local industries, preserves traditional ways of producing and builds
regional reputation and image
 Presently protecting and registering GIs as Collective Mark under Trade
Marks Ordinance, 2001
 Plant Breeders’ Rights (PBR)
 Right granted to developers of new plant varieties (GMOs)

 Bill under submission to the National Assembly Standing Committee on

Cabinet Secretariat.

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 What is IP? – its Types (contd.)
 Layout Designs of Integrated Circuits
 I.C ….Set of electronic circuits on one small plate
("chip") of semiconductor material (silicon) which
functions as a unit.
 Three-dimensional layout or topography of an
integrated circuit. (Transistors, capacitors,
Interconnections)
 An IC can function as an amplifier, oscillator,
timer, counter, computer memory, or
microprocessor
 Registered in Patent Office
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 One product many IPR
 Patent for the fountain pen
that could store ink
 Utility Model for the grip
and pippette for injection
of ink
 Industrial Design: smart
design with the grip in the
shape of an arrow
 Trademark: provided on
the product and the
packaging to distinguish it
from other pens
 Invention of CD player
protected by patent
 Brand on CD player
protected by trademark
 Design of CD player
protected by industrial
design
 Music played on CD player
protected by copyright
 IP Management in Pakistan
 Before 2005
 Fragmented
 Patent & Design-Ministries of Industry and
Production
 Trademark- Ministry of Commerce

 Copyrights-Ministry of Education

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 IP Management in Pakistan
 After Establishing IPO-Pakistan
 IPO-Pakistan was established under the IPO
Ordinance 2005 as an Autonomous body.
 Presently the organization is working under the
IPO Act 2012.
 Administrative control-Cabinet Division.

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Organizational Structure
(Organogram)

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 Main Functions of IPO-Pakistan
(U/S 13 of IPO Act, 2012)

 Administration of IP laws in the country

 Coordination with counterpart International
Organizations
 IP Enforcement and Coordination
 Promotion of IP Education, Research and Awareness
 Advise the Federal Government on Policy relating to
IP Rights (IPRs)
 Control, Manage and Supervise the working of all IP
offices established under National IP Laws

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 National IP Laws in Force
 Intellectual Property Organization Act, 2012
 The Trade Marks Ordinance, 2001
 The Copyright Ordinance, 1962 as amended in 2000
 The Patents Ordinance, 2000 (Amended in 2006)
 The Registered Designs Ordinance, 2000
 The Registered Layout-Designs of Integrated Circuits
Ordinance, 2000

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 National IP Law in Process
 Plant Breeders Rights (PBR) Law
 Plant Breeders Rights are Intellectual Property Rights
granted to the breeders of new plant varieties for
development of agriculture sector
 Present Status
 The draft PBR Bill is pending to be placed before the
National Assembly.
 After enactment of PBR Law, IPO-Pakistan will establish
PBR Registry in Islamabad.

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 International Treaties Acceded to
 Berne Convention on Copyrights
 Pakistan Member since 1948

 World Intellectual Property Organization (WIPO) Treaty

 Pakistan Member since 1977

 World Trade Organization (WTO) Trade Related

Intellectual Property Rights (TRIPS) Agreement
 Member since 1995

 Paris Convention on Industrial Property

 Member since 2004

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 Accession to International Treaties
proposed
 Madrid Protocol (International System for
Registration of Trademarks)
 Patent Cooperation Treaty (PCT) (International
System for Registration of Patents)
 Internet Treaties
 WIPO Copyright Treaty (WCT)
 WIPO Performances and Phonograms Treaty (WPPT)

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 Approx. time of IP Registrations

Type of IP Approx. time Total Term of Renewal

Right of Registration Protection
First renewal is due before
Patent 30 months 20 years expiration of 4th year in respect
of 5th year, similarly the
renewal will be due for every
year up to 20th year.

Trademark 18 months 10 years After Every Ten Years

unlimited subject
to renewal

Industrial 10 months 30 years After Every Ten Years

Design TWICE ONLY
life and 50 years No Renewal
Copyright 10 months after the death
of owner 29
 Recent achievements

 TRTA-II Project.
 Constitution of the Policy Board.
 Constitution of the Copyright Board.
 Establishment of IP Tribunals.
 E-Publication of Patents and Trademarks Journal
 Establishment of C.M.Os.
 MoU with FBR and TPI
 Networking and Coordination with ORICs

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 Outcomes of TRTA-II Project
 10 Advisory Missions / Foreign Experts visited
Pakistan
 56 Officers and stakeholders trained.
 Awareness Seminars, Roundtables (CMO, TMO and
IP Strategy) and Training Workshops were organized.
 Three LLM degree in IP Laws.
 Studies on
 IP Curriculum Development.
 Branding of Kinnow.
 Formulation of Draft Utility Model Law.

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 Data Digitization of Historical IP
Record
 Data Digitization of historical physical IP
records (6 million pages) of three IPO
registries including Trade Marks Registry,
Patent Office and Copyright Office, Karachi.

 2.6 million pages…. Patent Office.

 3.2 million pages….Trade marks Office.
 0.3 million pages…. Copyrights Office.
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 Enforcement Mechanism
 Provisions in the Act
 Section 13. Powers and functions of the Organization.---

(xviii) initiate and monitor the enforcement and protection of

intellectual property rights through designated law
enforcement agencies of the Government, Federal or
Provincial. and collect related data and information

(xix) initiate and conduct inquires, investigations and

proceedings related to offences in the prescribed manner;

(xx) refer matters and complaints, related to offences under the

laws specified in the Schedule, to the concerned law
enforcement agencies and authorities as may be necessary for
the purposes of this Ordinance.

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 IPR Enforcement Coordination
Mechanism
 Three Enforcement Coordination Committees in Islamabad,
Lahore and Karachi.
 Establishment of dedicated Directorate in FIA and
Directorate General in FBR to deal with IPR violations
 Agencies in the Enforcement Chain.
 PEMRA

 Police
 FIA
 Pakistan Customs
 Judiciary

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 INFRINGEMENT
 Infringement is breach/ violation of Law,
Regulation/Agreement of IP Rights.
 Trademark …..Counterfeiting.
 Patent….Misappropriation,
 Copyrights….Piracy.
 Product manufactured….without authorization of the
trademark owner or any licensees.
 Infringement may occur when one party, the "infringer", uses a
trademark which is identical or confusingly similar to a
trademark owned by another party.
 An infringed good is likely to confuse the customer eg..7UP
candies, Kawasaki Oil, Lipton Banaspati Ghee, Bata threads.
 Concept of Counterfeiting
 A counterfeit is a fraudulent imitation/copy that is
made usually with the intent to deceptively represent
its content or origins.
 Forged currency/ documents,
 Clothing, software, pharmaceuticals, watches, or any
other manufactured item, especially when this results
in patent infringement or trademark infringement.
 IP Awareness and Advocacy
2013 to December 2015
 30 awareness programs conducted
 Collaborating Partners
 (Universities, Chambers of Commerce, Bar
Associations, SMEs, Enforcement Agencies etc.
 63 officers/officials of IPO-Pakistan (Abroad)
 19 officials from stakeholders trained (Abroad)

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Formulation of National IP Strategy.
 Roundtable on the Development of National IP
Strategy.
 Draft National IP Strategy under process.
 Draft would be shared with Stakeholders.
 It will define mechanisms for IP asset
management and IP rights enforcement.

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 Web portal/ Finance Module
 Web Portal

 Search in IP Publication / e-Journal

 e-status Search of application
 e-filing of IP Application
 e-payments
 IP Help Desk / Complaints / Feed Back System
 Paid TM Search

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 Challenges
 Low Priority by Government.
 Opening of Regional Offices in Quetta and Peshawar.
 Fully Functional Regional Office in terms of Reception,
Examination and Grant of IP Applications.
 Updation of IP Laws and brining them in consonance
with IPO Act.
 Strengthen IPR Awareness.
 Strengthen IPR Enforcement.
 To help build effective University Industry linkages with
respect to IP.
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 Thank you
Website: http://www.ipo.gov.pk
Email: humaira.shakeel@ipo.gov.pk

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