Intellectual Property Organization Of

Pakistan (IPO)
History
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. 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).
 The role of WIPO in Pakistan
• WIPO is actively cooperating with IPO-P in a number of areas. A technical
assistance project, largely financed by the European Union, has been
undertaken to strengthen IPO-P’s operations. The project includes the following
activities:
• Preparation of an advisory report on “Integrated Management of IP in
Pakistan,” with a focus on the organizational aspects of managing IP.
• Formulation of a comprehensive automation plan for IPO-P and its
constituent IP Offices. The plan offers recommendations for integrating the
automation systems of the hitherto separate offices and building common
information technology platforms for further services. In line with the plan,
some automation equipment is also being provided.
• Technical advice in certain priority areas.
1.) Patents
 Background
• 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..
 Patent Ordinance 2000 (Pakistan)
• In order to be patentable an invention should have the
following characteristics:

• -The invention should be a process or product

• -The invention should be novel or new

• - It involves an inventive step

• -It is capable of industrial application

 DEFINITIONS:

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.
 Definitions
• Inventive Step
- In order to be patentable, the new subject must involve invention over what is
old.
- There should be a substantive change or improvement or addition.

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;

2.) Trademarks
 What is a Trademark?

• A Trademark is a word, phrase, symbol, and/or design that identifies and

distinguishes the source of the goods of one party from those of others. A
service mark is a word, phrase, symbol, and / or design that identifies and
distinguishes the source of a service rather than goods.
• a trademark reflects a consistent level of quality. The customer is likely to get
the same quality each time they make a purchase.
• the purpose of trademark law is to protect consumers from confusion as to the
"source" of goods or services. The expectation is that goods from the same
source, or licensee, will always have consistent quality.
Trademarks Ordinance 2001 and Trademark Rules 2004
Validity of Registration
• A trademark registration is valid for ten years(10) counting from the date of filing in
the territory of Pakistan. The registration can be renewed for an unlimited number of
successive ten year periods. In principle, a trademark can be protected for ever.
• 1- How to File a Trademark Application?
• Prescribed application form TM-1/TM-2
• 8 clear reproductions of the sign, logo or Trademark, of any color, form or 3-
dimensional features.
• List of goods or services to which the Trademark would apply.
• Power of Attorney if applied through an advocate / Agent.
• Pay Order / Bank Draft of prescribed fee for TM-1/TM-2 i.e. Rs. 3,000 in the name of
Director General, IPO-Pakistan.(for updated fee structure visit "Fee & Forms"
section)
• The bank may ask for FTN of IPO-Pakistan which is 9010120-7
Trademarks Ordinance 2001 and Trademark Rules 2004
2.) What is the Procedure for Registration?
• It is advisable that a search may be made of the Trademarks Register to ensure whether there are
any similar or identical marks on the Register.
• After the search of the Register, application is made on Form TM-1/TM-2 for one mark in one class
with pay order / Bank Draft of Rs.3,000.
• Acknowledgement Receipt by the Trade Mark Registry is issued to the applicant within 10-15 days.

• Examination Report is generated after 3 months. If there are any objections on the applied
trademark, they are communicated to the applicant immediately in the form of Show Cause.
• Notice: The applicant is required to submit a reply within two months of the issue of Show Cause
Notice. If there are no objections application is published in the Trade Mark Journal. If no
oppositions are filed to the published application within two months of the publication date of the
relevant Trademark Journal, the application stands accepted, and Demand Notice is then issued to
the applicant requesting him/her to submit registration fee so that the registration Certificate may
be issued. On the receipt of the Registration fee, the Registration Certificate is issued.
3.) Copyright
 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.
Steps for Re gistration of Copyright

Copyright Ordinance 1962, Copyright Rules 1967

• Filing of application
• Examination
• Publication in newspaper (Artistic Work only)
• Opposition, if any
• Issuance of Certificate by Registrar (Registration)
Achievements

• IPO-Pakistan has achieved the following milestones in the

field of Copyright during the last few years:
• Installation of Wireless LAN (Local Area Network).
• Availability of copyright application forms on IPO website.
• Development of software for reception and account system.
• Establishment of new IT-Section and server room with improved IT-
infrastructure during 2009.
• Started issuing Computerized Acknowledgment Receipt for Copyright
Application and issuing File No. to the Applicant at Reception.
 Achievements

• Issuing Computerized acknowledgment receipt for Copyright

Application and issuing File No. to the Applicant at reception.
• 96% of Copyright Data since its establishment in 1967 has been
captured and completed.
• Since 2008, the Copyright Office is in process to digitize and scan the
copyright files and data and so far 52,306 Copyright Files has been
digitized and 42,130 Copyright artistic works have been scanned
through the Copyright Administration System (CAS) software prepared
and installed by Copyright Office.