2. What Is Copyright ? It is the right of literary property as
recognized and sanctioned by a positive law, the Copyright
Ordinance, 1962 as amended by Copyright (Amended) Act 1992. An
intangible, incorporeal, right granted by these statutes to the
author or originator of certain literacy or artistic productions,
whereby he is invested for a limited period, with the sole and
exclusive privilege of multiplying copies of the same and
publishing and selling them.
3. Copyright protection subsists in original works of
authorship fixed in any tangible medium of expression, now known or
later developed, from which they can be perceived, reproduced or
otherwise communicated, either directly or with the aid of a
machine or device. Works of authorship include following
categories: Literary Works Musical Works including any accompanying
words Dramatic Works, including any accompanying music Pantomimes
and choreographic works Pictorial, Graphic, and Sculptural works
Motion pictures and other audio-visual works Sound recordings
4. Where These Laws Not Apply? In no case does copyright
protection for an original work of authorship extend to any idea,
procedure, process, system, method of operation, concept, principle
or discovery of nature laws, regardless of the form in which it is
described, explained, illustrated or embodied in such work.
5. Copyright, in a literary work may be infringed in several
ways: By reprinting verbatim a part of it By imitating the whole or
part, or by reproducing the whole or part under abridged form By
reproducing the whole or part with colourable alternation By
converting it into a dramatic work By performing it in public By
dealing with copies made or imported in contravention of Copyright
Act
6. What is a Patent? A patent for an invention is grant of
exclusive rights 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. What rights does a patent owner
have? 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.
7. Licensing: The patent owner may give permission to, or
license, 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.
8. Patentable Inventions In Pakistan In order to be patentable
an invention should have the following characteristics:- The
invention is new. It involves an inventive step. It is capable of
industrial application. It should not be contrary to law or
morality.
9. UnPatentable Inventions In Pakistan Discoveries of Laws of
nature. Method or producing sound. Computer Programs (Software) The
discovery of new properties of known substance. Literary, dramatic,
musical and artistic works. Doctors prescriptions and Patent
Medicines. Mere charts, diagrams, or printed sheets. A surgical
operation.
10. Who may apply for a patent ? According to patent law, only
the inventor may apply for a patent, with certain exceptions. If a
person who is not the inventor should apply for a patent, the
patent, if it were obtained, would be invalid. The person applying
in such a case who falsely states that he/she is the inventor would
also be subject to criminal penalties What If The Inventor Is Dead
? If the inventor is dead, the application may be made by legal
representatives, that is, the administrator or executor of the
estate.
11. Co-Inventors If two or more persons make an invention
jointly, they apply for a patent as joint inventors. A person who
makes a financial contribution is not a joint inventor and cannot
be joined in the application as an inventor.
12. Reliefs in suits for infringement If a patent is infringed
by infringer and a suit for infringement has been field against him
then the remedies can be availed by the patentee. The Court can
order to. desist form infringement. pay the right holder expenses
which may include appropriate attorneys fee the applicant to pay
the defendants expenses including attorneys fee. prevent an
infringement, if there are imported goods the court can order to
prevent its customs clearance.
13. What is a Design? A DESIGN is defined as the features of
shape, configuration, pattern, ornament or composition of lines or
colors applied to any article by any industrial process or means,
whether manual, mechanical or chemical, separate or combined, which
in the finished article appeal to and are judged solely by the eye,
but does not include any mode or principle of construction or
anything which is in substance a mere mechanical device and does
not include any trademark or property mark or artistic work .
14. Design Ordinance protects only designs that is aesthetic in
nature. They may be decorative elements added to the article or
they may be part of very shape or configuration. Novelty and
originality are important criteria in a design for registration. In
addition, only those designs that are applied to an article by an
industrial process will be protected. Legislation The Pakistan law
of designs is enshrined in the Designs Ordinance, 2000. The Act
seeks to provide for the registration of designs in Pakistan. The
rights granted under the Ordinance are operative in the whole of
Pakistan.
15. Classification Almost all jurisdictions including Pakistan
follow Locarno Classification for registration of design comprising
32 classes, numbered 1 to 31 and an additional class 99 to include
articles not falling under the aforesaid 31 classes. Most of the
classes are further divided into sub classes. Design applications
must be filed in a particular class depending upon the predominant
material with which the article is made or is capable of being
made.
16. Rights conferred by registration The registration of a
design confers the proprietor copyright in the design for the
period of registration. Copyright means the exclusive right to
apply the design in respect of the article for which it is
registered. Duration of registration The term of a design
registration is initially for a period of ten years. The renewal is
possible for further period of 5 years.
17. Remedies For Infringement Remedies under Section (8) If any
person infringes a registered proprietors right, the proprietor
may: bring a suit for an injunction for the continuance of the
infringement. bring a suit against him for the recovery of
damages
18. What is trademark ? A trademark is any word, name, symbol,
or design, or any combination thereof, used in commerce to identify
and distinguish the goods of one manufacturer or seller from those
of another and to indicate the source of the goods. What is the law
that regulates trademarks in pakistan? In Pakistan, registration
and protection of trademarks is regulated under the Trademarks
Ordinance, 2001 and it extends to whole of Pakistan.
19. Trade name is the full name of your business, such as: Syed
Bhais (Pvt.) Limited and it identifies your company or firm. A
trademark, however, is the sign that distinguishes the product of
your company. A company may have various trademarks. For instance
Syed Bhais Private Limited sells its products under the trademark.
Who is authorized to apply for trademark registration? Any person
who intends to use a trademark can apply for registration. It can
be individual, firm, company or organization.
20. What is the penalty for applying false trade description?
He will be punished with imprisonment of either description for a
term which shall not be less than three months but which may extend
to two years, or with fine which shall not be less than fifty
thousand rupees, or with both and on subsequent conviction penalty
will be enhanced. What is trademark infringement? A person shall
infringe a registered trademark if such person uses in the course
of trade a mark which is identical with the trademark in relation
to goods or services which are identical with those for which it is
registered.
21. When a trademark is not infringed ? A person shall not
infringe a registered trademark when used in good faith. Where
registration of a trademark is subject to disclaimer, a person
shall not infringe the trademark by using disclaimed part of the
trademark. In case of importation of infringing goods, material or
articles what remedies are available? Infringing goods, material or
articles may be treated as prohibited, the proprietor of the
registered trade mark may give notice in writing to the collector
of Customs that he is the proprietor of the registered trade mark,
that infringing goods, material, article, bear false indications as
to their source or the identity of their manufacture are expected
to arrive in Pakistan from outside Pakistan and that they are
subject to the control of the customs authorities under the Customs
Act, 1969 (IV of 1969): and he request s the Collector of Customs
to treat such goods as prohibited.