BUSINESS BRIEF: PAKISTAN
BUSINESS BRIEF: PAKISTAN
Patents How do you register or secure patent rights, and is national or international coverage most appropriate? A patent can be secured by filing an application along with the specification and claims at the Patents Office, part of the Intellectual Property Organisation (IPO) of Pakistan. Te application is subject to substantive examination. When an application has been examined it is advertised in the gazette and is open for the public to view. If there is no opposition within the prescribed time (four months from the advertisement date), the patent is issued upon payment of sealing fee. Te Patents Office provides national coverage only.
What are the costs of obtaining a patent, and what are the costs of defending it? Te approximate official charges from filing until grant of a patent application and a single examination report is around $95. Official charges for defending an opposition are $15.
patents in your jurisdiction? Te IPO has a website at
www.ipo.gov.pk that provides basic information on existing patents. However, detailed information may be obtained by filing a request at the Patents Office.
Is there anything unusual about the patent law(s) that companies should be aware of, and what are the most common mistakes businesses make? Te existing law requires unity of invention and it does not provide protection to a group of inventions. For inventions covering chemical products,
separate applications are required for each derivative and salt of a chemical product. Inventions containing claims of medical use directed to a method of medical treatment and
use/Swiss use claims (intended to cover the first, second or subsequent medical use of a known substance or composition) are also not allowed. Disclosure of the invention before filing the
patent application, non-exploitation, and not taking timely action against infringers are the most common mistakes patent owners make.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent? Invalidation of a patent by third party and infringement are the key threats to patent owners and proactive steps should be taken to prevent the patent from becoming susceptible to invalidations. Te best strategy to counteract infringement would be to file a lawsuit against any person or company using a valid patent to make, sell or use an invention without a licence.
Trademarks How do you register or secure trademark rights and what protection do they grant? Trademark rights may be secured either by obtaining registration under the Trade Marks Ordinance 2001 through filing an application in the Trade Marks Registry or by using the trademark. Aſter registration, the rights are prima facie with the proprietor of the trademark. Te owner is granted the exclusive right to use the mark for the goods/services that it covers. A trademark also grants a statutory right against infringers for the time that it is in force under the Trade Marks Rules 2004.
What are the costs of registering a trademark and what are the costs of defending it? Te approximate official cost of registration of a straightforward trademark without any objection is $80 for a single class; applications covering multiple classes are not acceptable.
106 World Intellectual Property Review Annual 2015
Te official charge for defending a trademark in opposition and rectification proceedings is $14, excluding extension costs.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement? Te key threats are misappropriation
of
trademarks, infringement and passing off. Te best strategy for dealing with infringement is to initiate a civil action before the court of a competent jurisdiction. As a first step, sending a cease-and-desist notice provides an opportunity for a possible settlement. Te pre- emptive strategy is to register one’s trademark in a timely manner.
What are the most common mistakes trademark owners make? Te most common mistakes include non-use of the trademark within the stipulated period of five years aſter the mark has been put on the trademark register. Tis may consequently bring the risk of a revocation action from a third party and weakens any action that may be taken against infringers or oppositions against a third party registering a mark. With
the assumption that they will be
registered, owners sometimes start using their trademarks before registration. Some trademark owners are also not active enough in monitoring the markets and conducting surveys.
Counterfeiting How big a problem is counterfeiting in your jurisdiction? Local counterfeit goods and the import of fake products are a continuing problem in our jurisdiction.
What industries are particularly at threat? Counterfeit pharmaceutical goods are a rising problem and a public health concern.
www.worldipreview.com
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