Lahore Office: 307 Upper Mall, Lahore, Phones: , Fax: Islamabad Office: H # 9- Ground Floor, Aladdin Residency Apartments, G-11/3, Islamabad INTRODUCTION TO INTELLECTUAL PROPERTY LAW IN PAKISTAN Ahmad Farooq Malik (Barrister-At-Law)

What is Property ? ‘Property’: Money or moneys worth

Kinds of Property Corporeal Property  Property of a material nature;  Tangible Property

Kinds of Property Incorporeal Property Lacking material form or substance. a property or an asset that does not have value in material form. Intangible Property

Kinds of Property Corporeal property which can be touched. An example would be a window glass. The view through the window is incorporeal.

“Intellectual Property” ? What is Intellectual Property? Creations of the Mind: i) Symbols, Names and Images used in commerce ii) Literary and Artistic Works iii) Inventions

Intellectual property is divided into two categories: i) Industrial Property which includes Patents for inventions, Trademarks, Industrial designs, Geographical Indications. ii) Copyright covers: Literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.

GENERAL PRINCIPLES: The moral basis for protection of Intellectual Property finds its mention in the Holy Quran (Sura Al-Baqara, Versus 186): “Do not usurp one another’s property by unjust means, nor bribe with it the judges in order that you may knowingly and wrongfully deprive others of a part of their possessions”.

GENERAL PRINCIPLES: All Intellectual Properties are intangible properties. They conform to the word, “Maal” –anything having money value- the definition given by Imam Shafi and accepted by Malikies and Hamblies. (PLD 1983 FSC 125).

GENERAL PRINCIPLES: The law does not permit one to appropriate for himself what has been produced by the labour, skill and capital of another. This is the very foundation and philosophy of Intellectual Property laws. (Intellectual theft).

Areas Covered in Intellectual Property 1.Copyright and related rights 2.Trademarks, Service Mark & Domain Names 3.Industrial Designs 4.Patents 5.Geographical indications

Areas Covered in Intellectual Property 6. Plant Breeders Rights 7.Layout Designs (Topographies of integrated circuits). 8.Protection of undisclosed information/Trade Secret 9.Others (Utility Models).

LEGISLATION ON INTELLECTUAL PROPERTY TRADEMARKS Trade Marks Ordinance, 2001 Trade Marks Rules, Trade and Merchandise Act Pakistan Penal Code, 1860

LEGISLATION ON INTELLECTUAL PROPERTY COPYRIGHTS The Copyright Ordinance The Copyright Rules, The International Copyright Order The Copyright Board (Procedure) Regulations, 1981.

LEGISLATION ON INTELLECTUAL PROPERTY PATENTS & DESIGNS Patents Ordinance, 2000 The Registered Designs Ordinance 2000 Registered Layout-Designs of Integrated Circuits Ordinance, 2000 Patents Rules Secret Patent Rules 1993.

History - What are IPR? Property Rights allowing creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. Rights outlined in Article 27 of the Universal Declaration of Human Rights. Importance of IP first recognized in the Paris Convention for the Protection of Industrial Property (1883); Berne Convention for the Protection of Literary and Artistic Works (1886).

Intellectual Property Laws aim to a) Protect the owner – both his person and business; b)Protect consumers and public interest; c)Lead to improvement of quality of life; d)Lead to increased tax revenue generation for government. e)Lead to circulation of wealth in the society through dependant industries.

Why promote and protect IP? Legal protection of new creations encourages the commitment of additional resources for further innovation. Promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. Strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all.