The primary legislation governing trade marks in Pakistan are the Trade Marks Ordinance 2001 (as amended in 2023) and the Trade Mark Rules 2004, which outlines processes and procedures for all aspects related to registration, prosecution and enforcement.

Copyrights are governed by the Copyright Ordinance, 1962 (as amended in 2000), and the Copyright Rules, 1967 (as amended in 2000).

Pakistan’s legal system recognises common law trade marks under the doctrine of “prior user”, and protects these through the tort of passing off.

Pakistan is currently a signatory to several international treaties on trade marks, including:

• the Paris Convention for the Protection of Industrial Property, 1883 (the “Paris Convention”);
• the Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994;
• the Convention Establishing the World Intellectual Property Organization;
• the Madrid Agreement 1891, and the Protocol Relating to the Madrid Agreement, concluded in 1989;
• the Agreement Establishing the World Trade Organization;
• the Universal Copyright Convention, 1948; and
• the Trade-Related Intellectual Property Rights (TRIPS) Agreement, 1994.

It should be noted that the above treaties and conventions are not self-executing; however, their application has been enforced through the statutory regime – such as for the Paris Convention, TRIPS Agreement and Madrid Protocol, all of which have become applicable through the Trade Marks Ordinance (as amended).

Pakistan is also a signatory to the following international treaties for protection of copyrights:

• the Berne Convention for the Protection of Literary and Artistic Works, 1886;
• the TRIPS Agreement;
• the Universal Copyright Convention;
• the WIPO Copyright Treaty;
• the Rome Convention, 1961; and
• the Marakesh Treaty.

While some of these treaties lack enforcement through specific statutes, they are still given due consideration and are deemed of substantial importance by the courts and the relevant forums, as they place obligations on Pakistan that have binding effect.

The Trade Marks Ordinance, vide Section 2 (xlvii), defines a trade mark as any mark which may be capable of being represented graphically and has the purpose of distinguishing the goods or services of one undertaking from that of another. Under Section 2 (xiv), a mark is defined as including a device, brand, heading, label, ticket, name (including personal name), slogan, signature, word, letter, numeral or figurative element, or any combination thereof. This, as developed, includes colour, sound and three-dimensional designs. There is, however, some ambiguity regarding the protection of smells, owing to the problems of graphical representation.

In addition to the above, collective or certification marks are also protected under the Ordinance and are defined under Section 82 and 83, respectively. Similarly, while geographical indicators were previously afforded protection as a mark, pursuant to the Geographical Indications Ordinance 2020, GIs are now filed under this law and per the parameters thereof.

Please note that the Trade Marks Ordinance further provides special protection to specific marks under Section 87, 88 and 89 by qualifying that these are marks not registrable under the Ordinance. These include:

• national emblems of convention countries, including flags, armorial bearings or any other state emblems, official marks or hallmarks, provided that an authorisation has been obtained from the competent authorities of that convention country;
• a mark or hallmark that imitates national flags or other state emblems; and
• emblems, names, abbreviations protected under the Paris Convention.

Similarly, the Ordinance also provides protection specifically to well-known marks under Section 86, whereby the legislature protects such marks from infringement without requiring a registration in Pakistan, which is not the case for ordinary marks.

In order to qualify for trade mark protection, a trade mark must meet the criteria set out in Section 2 (xlvii) of the Trade Marks Ordinance, which mandates that the trade mark should be capable of being represented graphically and capable of distinguishing goods or services from other manufacturers.

Further, Sections 14 and 17 of the Ordinance state absolute and relative grounds for refusal, respectively, on the occurrence of which a trade mark may not be registered. However, the Proviso of Section 14 of the Ordinance provides an exception to the absolute grounds specifically for trade marks devoid of distinctive character, as capable of registration if, before the date of registration, the trade mark has acquired distinctiveness and obtained a secondary meaning by being well known.

Factors such as evidence of use, well-known status, advertising and promotion, and consumer recognition are often considered when determining the distinctiveness of a trade mark.

Trade mark owners are granted rights under Section 39 of the Trade Marks Ordinance. Although the list is not exhaustive, it does stipulate the basic rights conferred on registrants – ie, that:

• the proprietor of a registered trade mark shall have exclusive rights in the trade mark(s) to make use of the trade mark, in respect of the goods and/or services it has been registered for; and
• registration of a trade mark is also considered prima facie evidence of proprietorship, which could result in interlocutory relief by the courts against any unauthorised use of the registered mark.

Registration is further used in many forums to enforce proprietary rights in various areas of practice. Moreover, registration has proved vital to attracting the jurisdiction of various government agencies and enforcement forums, such as the Customs Authority, the Drug Regulatory Authority, the Securities and Exchange Commission of Pakistan and the Competition Commission of Pakistan, among others.

The rights granted to local trade mark owners are qualified, whereby the proprietor of a mark is mandated to put the mark to commercial use within five years from the date of registration, failure of which may subject the mark to cancellation from any third party.

There are no specific legal guidelines for establishing the use of a trade mark in Pakistan per se. Parties may demonstrate usage through evidence such as promotional and marketing materials, sales invoices, and import/export documents associated with the trade mark, to help determine use in commerce.

It is also necessary to establish that the defendant’s use is likely to be regarded as a trade mark, aiming to identify and/or distinguish their goods or services, as opposed to purely descriptive use.

The registered/trade mark symbols (R and TM) denote the status of the mark in Pakistan as being registered or applied for, respectively. Though marking is not a mandatory requirement, its use is beneficial as it reduces the risk of the infringer claiming innocence by not being aware of the status or existence of proprietary rights over the mark, and deters any potential infringer by illustrating legally recognised rights over the mark.

Moreover, misrepresentation via marking as to the status of a trade mark also amounts to an offence under Section 102 of the Trade Marks Ordinance, and is punishable by imprisonment for a term of not less than one month (but that may extend to six months) or a fine, or both.

The scope of trade marks as laid out in the Trade Marks Ordinance is fairly broad, and comprises certain elements whose protection may overlap with copyrights. For instance, any element that bears an artistic work, such as a logo, a trade dress or packaging, may be protected under both a trade mark and copyright.

Moreover, a surname is registrable as a trade mark if it has acquired distinctiveness and obtained secondary meaning in the jurisdiction in respect of the goods. A surname being registered as a trade mark would not affect the morality of the name, nor would the same arise as an issue in registration so long as the mark is not used in a derogatory or defamatory sense.

Section 10 of the Copyright Ordinance 1962 recognises the following works as entailing copyright:

• original, literary, dramatic, musical and artistic works;
• cinematographic works; and
• records.

Moreover, Section 2 of the Ordinance further defines the types of works that are protected in Pakistan.

• Literary works are defined as works on religion, humanity, physical and social sciences, table compilations and computer programs. “Programs” include reproduction of any information by devices such as disc, tape, perforated media or other any other device that is capable of storing or reproducing information after it is fed into or located on a computer.
• Musical works include printing, alteration in writing or otherwise graphical production or reproduction of melody and harmony, or both.
• Dramatic works contain any piece of choreographic work or entertainment in mime, recitation, the acting or scenic arrangement of which the form is in writing, fixed or otherwise and excludes cinematographic work.
• Artistic works includes works that are in the form of paintings, sculptures, photographs, engravings or drawings, such as a map, plan, chart or diagram, without any specific requirement that those works possess artistic quality, as well as any work of artistic craftmanship, and an architectural work of art.
• Cinematographic works are described as patterns of visual images that include any kind of video film recorded on a material of any description, with or without sound, and that are exhibited or played back to indicate the sensation of motion.
• Records include any tapes, discs, perforated rolls, wires or any other devices capable of embodying and reproducing sounds, other than a soundtrack, which is considered to be associated with a cinematographic work.

In Pakistan, as per Section 12 of the Copyright Ordinance, industrial designs are not protected under copyright law. Instead, they are governed by the Registered Designs Ordinance 2000, and copyright protection does not apply if the design is registered under said Ordinance or if it has been reproduced more than 50 times by an industrial process.

In order to qualify for copyright protection, work which includes literary, dramatic, musical, or artistic work in a cinematographic work or a record must be original and fixed in a tangible medium form of expression.

“Author” is defined under Section 2(d) of the Copyright Ordinance as follows:

• in relation to a literary or dramatic work, the author of the work;
• in relation to a musical work, the composer;
• in relation to an artistic work other than a photograph, the artist;
• in relation to a photograph, the person taking the photograph;
• in relation to a cinematographic work, the owner of the work at the time of its completion; and
• in relation to a record, the owner of the original plate from which the record is made, at the time of the making of the plate.

The Ordinance provides that, regarding a literary, dramatic or artistic work made in the course of employment under a contract of service or apprenticeship, for publication in a newspaper, magazine or similar periodical, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication or reproduction of the work for the purposes of the aforesaid publications; however, in all other respects the author shall be the first owner of the copyright in the work.

Moreover, with respect to works for hire, the Ordinance holds that, in the case of a photograph taken, a painting or portrait drawn, or an engraving or a cinematographic work made, for valuable consideration (and not employment) at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Lastly, the Ordinance holds that, in the case of a work made in the course of the author’s employment under a contract of service or apprenticeship which does not fall under the aforementioned, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Joint authorships are also recognised under the Copyrights Ordinance, and Section 2(zg) defines "work of joint authorship” as a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other authors. Thus, work of joint authorship is considered a single piece of work and is governed under the Ordinance as such. Moreover, the Ordinance holds that, where one or more of the joint authors does not satisfy the conditions laid down by the Ordinance, the work shall be treated as if the other qualifying author(s) were sole author(s) thereof. The Ordinance also stipulates that the term for work of joint authors would be calculated from the date on which the last author dies.

That said, joint authors may additionally choose to decide their own terms and conditions with relation to the monetisation of such work; however, this will be protected and enforced as a matter of contract law.

Copyright owners are granted statutory protection against infringement of their work, and under Section 60 of the Copyright Ordinance are entitled to seek civil remedies, such as an injunction, damages and accounts, against the unauthorised use. Moreover, a copyright owner is also granted special remedies under Section 60-A of the Ordinance, whereby they are entitled to seek provisional orders from the court for recovery and preservation of infringing copies until the institution of formal proceedings. In addition to civil and special remedies, the copyright owner is also entitled to criminal remedies under Sections 66 to 74 of the Ordinance.

Moral rights protect the reputation and creative integrity of the author, which are expressed through their work. Section 62 of the Ordinance gives the author the right to restrain or claim damages in respect of any distortion, mutilation or other modification of said work, or any other action in relation to said work which would be prejudicial to their honour or reputation, notwithstanding that the author may have assigned or relinquished their rights in the work.

For a work that was created and has been expressed in a tangible form for the first time, the copyright protection commences from the moment of its creation and is ordinarily given a term that extends across the author’s lifetime plus an additional 50 years after the author’s death.

In the case of a joint work prepared by two or more authors who did not work for hire, the term lasts for 50 years after the last surviving author’s death. For works made for hire and for anonymous and pseudonymous works, the duration of copyright is 50 years from publication.

No mention is made regarding termination in the Copyrights Ordinance, nor are any precedents available on this.

In Pakistan, the collective rights management system is regulated by the Copyright Ordinance, particularly Sections 31 to 34. These provisions establish a framework for performing rights societies to manage and collect fees, charges and royalties for the public performance of works. The Ordinance establishes a structured mechanism for performing rights societies to regulate fees and royalties. It ensures a balance between the rights of content creators and the licensing process for public performances. The provisions create legal enforceability for approved fees and promote a fair and transparent system for the collective management of copyright in the realm of public performances.

Currently, in Pakistan there is a Collective Organisation for Music Rights (also known as COMP).

Copyright registration is not mandatory in Pakistan; it is automatically formed upon the creation of a work in a tangible form.

The benefits of copyright registration are that it certifies the proprietorship of the work, thereby granting exclusive rights to:

• reproduce and make copies of the work in any material form;
• publish, perform or communicate the work in public;
• produce, reproduce, perform or publish any translation or adaption of the work (ie, a derivative work);
• broadcast the work in public or use it in a cinematographic work or sound recording;
• offer the work for sale or rental and receive a payment in return;
• prevent third parties from using the work without permission or consent from the owner;
• have the authority to take legal action should any infringement of the work take place; and
• assign or license the copyrighted work to another party.

Any individual and/or legal entity may apply for registration of an artistic work. Foreign applicants for registration may do so by hiring a local attorney. Once examined and permitted for registration, all applications are then added to the Register of Copyrights, which is under the control of the Registrar of Copyrights. The Register contains the names and/or titles of works, and the names and addresses of the authors, publishers and owners of copyrights. Any person shall be entitled to make copies of or take extracts from the Register of Indexes upon payment of the prescribed fee; however, said Register is not publicly available online (at the time of this publication).

The mechanism for registration is outlined in the Copyright Ordinance, as well as in the Copyright Rules. 

In accordance with Section 3 of the Copyright Rules, the Copyright Register is divided into four parts, and an applicant can file a copyright application under any of those categories, based on the type of work for which copyright protection is sought. The categories are:

• literary, dramatic and musical works;
• artistic works;
• cinematographic works; and
• records.

Section 39 of the Copyrights Ordinance and Section 4 of the Copyright Rules further state the documents that are required for registration.

• Form II, with full particulars of the applicant, including their name, address and nationality, and details of the work applied for in the prescribed form.
• A statement of particulars (only applies for the registration of literary, dramatic and musical works).
• A statement of further particulars.
• Three copies of the application (Form II) and three copies of the work to be copyrighted (in the case of literary, cinematographic works and records, the applicant only needs to supply two copies of the work to be copyrighted).
• A no-objection certificate (NOC) or affidavit for transfer of copyright from the artist or
• creator who created the work, if applicable (this is used in works for hire or commissioned work). For literary works, the applicant requires an NOC or assignment of copyright from the copyright owner or writer in favour of the applicant, if applicable. In the case of record and cinematographic works, the applicant requires an NOC for assignment of copyright from all contributors (performers, singers, lyricists and musicians) of the work, if applicable.
• An undertaking or affidavit for original creativity of the work, by the applicant.
• A pay order of the official fee as set out in the schedule of fees, in the name of the Director General of the Intellectual Property Organisation.
• A notarised power of attorney if an agent or attorney represents the applicant.

The applicant must then file Form II and pay the prescribed fees at the Copyright Registrar’s Office in Karachi or at the intellectual property offices in Lahore, Peshawar or Islamabad. Only one application can be filed for one work. Furthermore, in accordance with Section 39(2) of the Ordinance, if the applicant is applying for registration of an artistic work, they must advertise the work in either an English or Urdu-language newspaper, either where they are domiciled or carry out business activities, within one month of filing the application or within such extended time as the Registrar may determine, and must send two copies of the advertisement to the Registrar. The advertisement must be in the prescribed format as set out in Section 39(2) of the Ordinance and Section 4(3A) of the Copyright Rules. The applicant for registration must send a copy of their application to every person who claims or has an interest in the subject matter of the copyright or who disputes the rights of the applicant.

The fee for the copyright registration is often revised and differs for each type of work. Therefore, it is advisable to cross-check the fees from the official Intellectual Property Organisation’s website. For 2023, the total official costs were under USD100.

A copyright application may be refused on different grounds (such as lack of originality in a fixed tangible medium of expression) but not the underlying idea itself. There are several categories of materials that cannot be copyright-protected. These include:

• works that have not been fixed in a tangible form of expression;
• ideas, procedures, systems, methods, processes, principles, discoveries or devices that are not embodied in a particular work;
• works comprising information that is considered common property and has no original authorship, such as facts in a biography, standard calendars and lists or tables taken from a public document;
• works which are infringing of another’s work or IP; and
• works that are registered as an industrial design.

An appeal against the refusal of application can be made to the Copyright Board within three months of the date of such decision. The decision of the Board is final and cannot be further appealed and/or challenged.

While there might be overlap between copyright and trade marks in cases involving logos, artistic designs, trade dress and packaging, there is no specific provision that safeguards copyright as an integral part of trade marks.

However, despite the absence of such a provision, the Copyright Office favours registered trade mark owners. Additionally, the courts of Pakistan have held that a copyright registration cannot be utilised as a substitute for trade mark protection; thus, in cases of vendible goods, it is essential for a copyright application to be supported by a trade mark registration.

Being a common law jurisdiction, Pakistan recognises rights of a prior user and/or adopter, irrespective of registration, meaning the use of a trade mark or service mark can be claimed before registration is granted or issued. In the event of any dispute, however, proof of bona fide use may have to be submitted.

That said, while registration is not mandatory to establish rights in a trade mark, it does offer substantial benefits and protection. Registering a trade mark provides the owner with a statutory right to exclusivity, making it easier to enforce and protect the trade mark against infringement.

While trade mark rights arise from actual use, a proprietor with bona fide intention to use the mark may express its intention to use a mark in the future by filing a “proposed to be used” application. This concept allows the proprietor to secure a priority date for the mark even before actual use. In Pakistan, this intention-to-use provision aligns with the principle that trade mark rights can be established through both actual use and a bona fide intention to use in the future. However, Section 73 of the Trade Marks Ordinance specifies that, if a registered trade mark has not been used or if its use has been suspended in Pakistan for a continuous period exceeding five years from the registration of that trade mark, it becomes liable for revocation on the grounds of non-use.

Section 39 of the Trade Marks Ordinance grants exclusive rights to the proprietor of the trade mark from the date of registration. These include the rights to obtain relief where the trade mark has been infringed.

The effects of trade mark registration are outlined in Section 33 of the Trade Marks Ordinance. It provides that the owner of a registered trade mark enjoys exclusive rights in the trade mark, and any unauthorised use of the trade mark in Pakistan without the proprietor’s consent constitutes infringement.

In addition to the above, the registration of a trade mark is considered in the courts of Pakistan as prima facie evidence of proprietorship, which could result in instant relief by the courts in the form of an interlocutory injunction against any unauthorised use of the registered mark. Moreover, registration has proved vital to attracting the jurisdiction of various government agencies and enforcement forums, such as customs (under Statutory Regulatory Order No 170(1)/2017), the Drug Regulatory Authority and the Competition Commission of Pakistan, among others.

It is pertinent to note that all trade marks undergo the same procedures as set out in the Trade Marks Ordinance and the Trade Marks Rules 2004.

Pursuant to the Trade Marks Ordinance, a Register of Trade Marks is maintained containing the particulars of all registered trade marks that have been entered. However, this Register is not publicly available online, though it is open for public inspection at the office’s premises through a dedicated portal. This portal is widely used to conduct a clearance search with the official database.

Moreover, the Register also allows for the filing of official search requests through Form TM-55. One search application would be applicable for one trade mark search in any one class only, and should be accompanied by two representations of the mark along with a search fee of PKR1,000.

A registered trade mark is valid for a period of ten years from the date of its application.

Prior to the expiry of the ten-year period, the trade mark can be renewed subject to Section 35 of the Trade Marks Ordinance. The Registrar is required to notify the owner of a registered trade mark about its upcoming expiry and to provide information on the renewal process. To renew the registration, the owner must submit a renewal request along with the prescribed renewal fee before the expiry date. If the request and fee are not submitted by the expiry date, there is a grace period of at least six months, during which the owner can still renew the registration by paying an additional renewal fee, as prescribed.

If a trade mark is not renewed, the Registrar has the authority to remove it from the Register. However, the Registrar may consider restoring the trade mark under certain conditions. To maintain registration, the proprietor must show bona fide use of the trade mark in Pakistan and pay the prescribed fee for its renewal. Bona fide use can be evidenced in the form of invoices, packaging, and advertising and promotional material.

Section 37 of the Trade Marks Ordinance allows for the alteration of a trade mark, specifically those involving the proprietor’s name or address, as long as these modifications do not substantially impact on the identity of the trade mark. If the alterations are of such a nature as to materially alter the application, the Registrar will publish the modified trade mark.

It is pertinent to highlight that, while alterations to the original mark and/or the identified goods or services cannot be amended for registered marks, applications currently awaiting registration may be amended by submitting the prescribed form – namely, TM-16.

The application for the registration of a trade mark must be in hard copy. As provided by the Trade Marks Ordinance and the Trade Marks Rules 2004, an application per the prescribed form should set out the particulars of the applicant, including:

• a formal request for registration of a trade mark;
• the full name and address of the applicant;
• a statement of goods or services in relation to which the registration is sought;
• the international classification of goods or services under which the applicant wishes to apply;
• a representation of the trade mark; and
• the full name, address and contact details of the agent, if the application is made by an agent on behalf of the applicant.

In accordance with Rules 13 and 14 of the Trade Marks Rules 2004, Pakistan does not allow for multi-class application, and each application is filed for a specific class of goods or services. If a person or business wishes to register a trade mark in multiple classes, separate applications need to be filed for each class.

Moreover, as per Rule 16, the application must provide a detailed statement indicating the period and user of the mark in relation to the specified goods or services. The Registrar has the authority to request an affidavit and exhibits as evidence of such usage. Furthermore, Rule 17 necessitates that every application (along with additional copies) feature a representation of the mark. Lastly, Rule 18 requires the submission of duplicate applications, each accompanied by six matching representations of the mark, containing all necessary particulars as specified by the Registrar, with the possibility of requiring the applicant’s signature on the provided particulars.

A trade mark application is filed through Form TM-1 for an official fee of PKR12,000.

Any legal person, including foreign nationals, may apply for the registration of a trade mark without the need for a licensed attorney. A legal person includes a natural person as well as a company and a partnership business where the application will be made in the name of the partners.

There is no requirement to use a trade mark in commerce prior to seeking its registration. A proprietor with bona fide intention to use the mark may express its intention to use a mark in the future by filing a “proposed to be used” application. This concept allows the proprietor to secure a priority date for the mark even before actual use.

While there are no set regulations governing genuine use of a trade mark, this typically involves demonstrating the mark’s use in connection with the goods or services for which it is registered. This may include providing evidence such as sales records, advertising materials, invoices or any other documentation that establishes the commercial use of the mark.

During examination of a trade mark application, the trade marks office only considers those marks which are on the register, whether registered or pending.

It is possible to amend or correct an application for a trade mark during the registration process through the prescribed form – ie, TM-16. Material alterations are also allowed, depending on the stage the application has reached, and such alterations are subject to the approval of the Registrar of Trade Marks and republication in the official Trade Marks Journal.

It is important to note that the approval of material alterations may be contingent on factors such as the nature of the changes and their impact on the registrability of the mark.

It is possible to divide a trade mark application through the prescribed form TM-14.

A divisional application can be filed by an applicant who has already submitted an application under Section 22 of the Trade Marks Ordinance for the registration of a trade mark. The divisional application allows for:

• the registration of only a part of the trade mark for any or all of the goods, services or both; or
• the registration of the trade mark for some of the goods, services or both covered in the original application.

The divisional application can only be made if the original application under Section 22 is pending. The divisional application proceeds similarly to an application made under Section 22, and is considered to have been filed on the same day as the original application.

Providing incorrect information in connection with a trade mark application or other filing can result in various consequences. Rejection or cancellation of the trade mark application may occur if false information is discovered. Loss of rights is another potential outcome.

Opposition to trade mark registration can be based on the grounds that the application was accepted owing to false representations or evidence. Section 29(3)(c) addresses opposition on such grounds. Additionally, Section 99 of the Trade Marks Ordinance provides penalties for false trade descriptions, including imprisonment of up to two years and/or fines starting at PKR50,000.

Incorrect information may be corrected by submission of the prescribed form (ie, TM-16) and upon the subsequent approval of the Trade Marks Registrar. 

In Pakistan, the registration of a trade mark can be refused by the trade marks office based on absolute grounds, as outlined in Section 14 of the Trade Marks Ordinance. These grounds encompass various circumstances aimed at ensuring the distinctiveness and appropriateness of registered marks. Firstly, marks that fail to meet the requirements specified in Section 2(xlvii) can face refusal. Additionally, trade marks devoid of distinctive character or consisting exclusively of descriptive marks that may indicate various characteristics of goods or services may be declined. Marks that have become customary in language or trade practices, shapes resulting from the nature of goods or necessary technical results, or those giving substantial value to goods, are also subject to refusal.

The law further prohibits registration for marks containing scandalous designs, subject matter likely to deceive or cause confusion, or elements contrary to existing laws or morality. Notably, a trade mark may escape refusal based on lack of distinctiveness, descriptiveness or customariness if it has acquired a distinctive character through prior use or is recognised as a well-known trade mark before the application date. Moreover, registration is barred for marks made in bad faith, reflecting the importance of ethical considerations in trade mark applications.

When objections are raised, the applicant is provided with an opportunity to respond and address the cited concerns. The general basis for overcoming objections depends on the nature of the objection. Applicants typically respond to objections by submitting a detailed written response addressing each concern and providing supporting documentation.

The Trade Marks (Amendment) Act 2023 introduced international registration under the Madrid Protocol. It is important to note that, while the substantive law is the same for international registrations, procedural requirements have been introduced wherein an application must be examined within 18 months of filing, so as to avoid registration without examination as granted under the Madrid system.

Once published and advertised in the Trade Marks Journal, applications allow any individual to oppose the registration by filing a notice of opposition in the prescribed form (ie, TM-5) in accordance with Rule 30 of the Trade Marks Rules 2004. This notice of opposition must be submitted within two months from the date of advertisement/re-advertisement.

A request for extension of time to file an opposition may be submitted with the Registrar, who may allow two extensions of one month each. Additionally, pursuant to Rule 80(5) of the Trade Marks Rules, a request can be made for extension of time for filing the opposition after the opposition period (including extensions) has expired. In such cases, it is at the discretion of the Registrar to provide a further extension upon satisfaction that the extension would not disadvantage any other person or party affected by it.

Statutory limitations come into play from the date of knowledge of the applicant. The general law of limitations is three years from the date of knowledge; however, Section 81 of the Trade Marks Ordinance provides that an owner of an earlier trade mark or other earlier rights who has acquiesced for a continuous period of five years from the date of registration in the use of a registered trade mark in Pakistan, being aware of that use, shall cease to have any entitlement on the basis of that earlier trade mark or other right.

Section 73(a) stipulates that any mark which has not been put to bona fide use for a period of five years following the date of completion of registration is subject to revocation/cancellation. However, there is no such revocation provision under copyright laws.

Section 29 of the Trade Marks Ordinance outlines the grounds for filling an opposition, as follows:

• all grounds on which the application for the registration of the trade mark may be refused under this Ordinance, except the ground that the trade mark cannot be represented graphically;
• applicant’s lack of intention to use the trade mark in Pakistan;
• applicant not being the true proprietor of the trade mark;
• procedural issues, such as unauthorised amendments to the application or false evidence leading to the Registrar’s acceptance;
• pre-acceptance advertisement of the application under exceptional circumstances being without sufficient cause or reason;
• applicant’s trade mark being deceptively identical or substantially similar to a well-known trade mark with a reputation in Pakistan;
• applicant’s trade mark likely to cause confusion, deception and dilution of another trade mark’s reputation; and
• trade mark containing or consisting of a mark that is a geographical indication for goods originating outside the specified country or region in the application.

Pursuant to Section 73 of the Trade Marks Ordinance, a trade mark registration may be revoked for reasons such as:

• non-use within five years after completion of the registration procedure without proper justification;
• suspension of bona fide use for an uninterrupted period of five years without proper reasons;
• becoming a common name in the trade due to the proprietor’s acts or inactivity; and
• misleading the public about the nature, quality or geographical origin of the goods or services through their use.

Pursuant to Section 80 of the Ordinance, the registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of Section 14 or any of the provisions thereof; however, where the trade mark was registered in breach of clause (b) (c) or (d) of subsection (1) of Section 14, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it was registered.

The registration of a trade mark may be declared invalid on the ground that there is:

• an earlier trade mark in relation to which the conditions set out in subsection (1), (2) or (3) of Section 17 obtain; or
• an earlier right in relation to which the condition set out in subsection (4) of Section 17 is satisfied, unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.

Any interested party may file an opposition to a trade mark application in Pakistan, and may do so without representation. The term “interested party” is broad and includes individuals, entities or organisations that have a legitimate concern or stake in the registration of the trade mark in question. It is not mandatory for the opponent to hold a trade mark or trade mark registration to file an opposition. However, the opponent should have a genuine interest or grounds for opposing the application; otherwise, the notice of opposition may be dismissed by the Registrar.

The official fee for filing a notice of opposition for one application is PKR9,000. Attorney fees typically range between PKR50,000 and PKR250,000, but can vary depending on factors such as the complexity of the case, the grounds of opposition and the specific services provided by the attorney.

Trade Marks

The application for revocation or cancellation of a trade mark may be made by an interested party, who has to establish sufficient cause in the matter.

Copyright

The application for rectification of a copyright may be made by an aggrieved person against the registration of such copyright.

Trade mark opposition proceedings are initiated through the filing of a notice of opposition vide Form TM-5 within two months of the trade mark’s advertisement. This notice must articulate the grounds for opposition, and a copy is provided to the applicant by the Registrar.

In response to the notice, the applicant must submit a counter-statement, using Form TM-6, within one month or within an extended period as allowed by the Registrar. Failure to do so results in the application being deemed abandoned. The Registrar shares a copy of the counter-statement with the opponent, who may subsequently file a rejoinder within one month of receiving the counter-statement.

The process then advances to the evidentiary stage, where, within two months of the counter-statement, the opponent submits evidence supporting the opposition. Failure to provide evidence leads to the abandonment of the opposition. Within two months of receiving the opponent’s evidence, the applicant presents evidence supporting the application.

The law also provides the opponent with an opportunity to file reply evidence within one month of receiving the applicant’s evidence, limited to matters strictly in reply. The Registrar exercises discretion on further evidence, allowing additional evidence under specific terms if deemed fit. In cases where providing copies may not be possible, the originals are left with the Registrar for inspection, and they must be produced at the hearing unless directed otherwise.

Upon completion of the evidence stage, the Registrar shall give notice of a hearing to the parties. During the hearing and/or upon completion of the hearing(s), the parties may submit their written arguments, which shall be placed on record by the Registrar.

Upon completion of the hearing stage, the Registrar may review all the arguments, evidence and/or any other material presented and may pass a decision on the notice of opposition.

Trade Marks

In light of the Trade Marks Amendment Act 2023, a revocation/cancellation of a trade mark under Section 73 of the Trade Marks Ordinance may be filed before the Registrar of Trade Marks – except where proceedings concerning the trade mark are pending in the High Court, in which case the application shall be made to the High Court. Moreover, under Section 80 of the Ordinance, an applicant may file the application before the Registrar or the High Court; however, in the event that proceedings concerning the marks are pending proceedings at the High Court, the application shall be made to the High Court.

Copyright

The application for rectification of a copyright may be filed before the Copyright Board under Section 41(2) of the Copyright Ordinance.

The Trade Marks Ordinance allows for partial revocation/cancellation of a trade mark. Sections 73 and 80 of the Ordinance provide that, where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.

In Pakistan, a party aggrieved by the decision of the Trade Marks Registry may appeal the decision before the High Court of the relevant jurisdiction. An appeal would thereafter lie with the Supreme Court of Pakistan; however, the aggrieved party would first have to seek leave to appeal – ie, permission for the appeal to be admitted. The decision of the Supreme Court is final.

While providing an avenue for recourse, the appeal process lacks a fixed timeframe. The duration of the appeal proceedings can vary, influenced by factors such as case complexity and caseload of the High Court and/or the Supreme Court. Moreover, a decision must attain finality within the Trade Marks Registry before an appeal can be initiated.

An amendment is allowed in revocation/cancellation proceedings, subject to the other party’s consent to this. In many instances, a party may oppose such amendment, and it is then left at the court or Registrar’s discretion.

Historically, when the cases are before the same forum, a revocation/cancellation and an infringement action is heard together. However, with the promulgation of the Trade Marks Amendment Act 2023, a revocation/cancellation shall be filed before the High Courts and will thus have separate timelines.

There are no specific provisions that outline an investigation per se when a registration is challenged on the ground of being filed fraudulently, and the same procedure applies as in the case of other grounds for cancellation/revocation.       

Assignment of a Trade Mark

A registered trade mark, as personal or movable property, can be transmitted by assignment. Any mark may be assigned with or without goodwill. The assignment may be for some or all of the goods and services. The assignment may also be limited in relation to the use of the trade mark in a particular manner or a particular locality.

An application to register the title of a person who becomes entitled by assignment to a registered trade mark is made by way of Forms TM-23 or TM-24, along with the prescribed fee. The registration certificate, along with the company’s incorporation certificate and a board resolution, may have to be produced at the time of application. Moreover, the assignment must also be recorded with the Registrar of Trade Marks for the purposes of its validity. Upon being satisfied that all the correct documents have been submitted and no third-party interests shall be affected, the Registrar issues a certificate of assignment validating the assignment of the trade mark in the name of the assignee.

Section 69(3) of the Ordinance permits partial assignment, meaning an assignment can relate to some but not all goods or services for which the trade mark is registered or can be specific to the use of the trade mark in a particular manner or in a particular locality.

Assignment of a Copyright

Section 14 of the Copyright Ordinance provides that an owner of copyright in an existing work or a prospective owner of a future work can assign their copyright to any individual, either wholly or partially, and this right can be subject to certain limits set by the owner. These limitations include the timeframe of the assignment (ie, it can include the entire length of the term of copyright protection or can be for a specific time period).

In the case of future works of copyright, the copyright is assigned only when the work comes into existence. Where the owner of the copyright is also the author of the work, the assignment of the copyright in the work is only effective for a period of ten years. This is an express statutory limitation.

Upon expiry of the ten-year period, the assignment of the copyright will revert back to the owner, who is then free to reassign the copyright. If the owner is deceased, their rights will be assigned to their heirs or legal representatives, who shall have the same rights as them in the work. This statutory period of limitation does not apply to any assignment made in favour of a governmental, educational, charitable, religious or non-profit institution.

In terms of the assignment of copyright in unpublished works that has been assigned by its author to any person or organisation that wishes to publish the work, the rights of the work revert back to the author if the work is not published within three years of the date of assignment.

Section 14(2) of the Ordinance stipulates that, upon assignment, the assignee, in respect of the rights that have been assigned to them, and the assignor, in respect of the rights not assigned to them, are treated as the owners of the copyright for the duration of the assignment. The special rights of the author are also valid during the period of assignment, and they can take legal action if any alteration to their work damages their honour or reputation.

Any owner or publisher of the copyright, or any publisher who has the copyright assigned to them, can apply to the Copyright Board if they consider any terms of the assignment to be adverse to they own interests, within one year of the assignment. The Board will hear from both parties and consider the matter. The order of the Board will be binding on both parties in accordance with Section 14(2A) of the Ordinance.

All assignments are valid only when an agreement is made in writing and signed by the assignor or their duly authorised representative. Any assignment of copyright can be registered with the Registrar of Copyrights once a party files the prescribed form with the Registry, which will then record the granting of the assignment on its database.

Licensing of a Trade Mark

A trade mark may be licensed exclusively or non-exclusively, in whole or in part, limited by conditions or unlimited, and may be governed by a specific term or be perpetual. Terms of licence depend on the understanding and agreement of the parties; while it is not necessary to register a licence agreement, it may be recorded with the Trade Marks Registry under Section 70(2)(b) of the Trade Marks Ordinance.

Licensing of Copyright

Section 35 of the Copyright Ordinance provides that the copyright owner has the right to license their work to third parties. The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the copyright by licence in writing, signed by the author or their duly authorised agent.

No specific prohibition exists in the Trade Marks Ordinance.

Section 70 of the Trade Marks Ordinance requires that a person entitled to an interest in or under a registered trade mark due to a registrable transaction must have the details of that transaction entered in the trade marks register. Therefore, until an application has been made for the registration of these particulars, the transaction will be ineffective against a person acquiring a conflicting interest.

Moreover, until an application has been made for the registration of the transaction, a person claiming to be a licensee will not be afforded protections under the following:

• provisions permitting the assignment of trade marks (Section 69);
• provisions safeguarding the rights of the licensee in cases of infringement (Section 77); and
• provisions allowing the surrender of trade marks by the proprietor (Section 79).

As per the Limitation Act, 1908, a claim of infringement should be made within three years of the date of knowledge of the infringement; for trade marks, Section 81 provides for a period of five years from the date of knowledge.

In Pakistan, both trade mark and copyright owners have various options to address infringement issues. The nature of these claims may differ based on the registered or unregistered status of the IP. Trade mark infringement can occur through direct infringement, where an identical or deceptively similar mark is being used for the purposes of encroaching on goodwill, making undue profits and commercial interests therein.

It is pertinent to note that, for a claim of trade mark infringement, a trade mark registration is mandatory; in the absence thereof, any use can be challenged only on the basis of passing off. In either case, the plaintiff must show a prima facie case which includes substantiating rights through prior use (passing off), trade mark registration, proof of potential irreparable loss and a balance of inconvenience.

Copyright infringement may involve unauthorised reproduction, distribution or display of protected works. Legal remedies include seeking damages and injunctive relief under civil law as well as imprisonment and/or fines under criminal law. Specific copyright management information claims may be available, akin to Article 12 of the WIPO Copyright Treaty.

Trade Marks

Section 40 and 46 of the Trade Marks Ordinance outline the following as constituting trade mark infringement:

• use of an identical mark for identical or similar goods/services;
• use of a deceptively similar mark causing confusion;
• use of a mark identical or deceptively similar to a well-known mark for dissimilar goods/services, taking unfair advantage or causing detriment;
• use of the trade mark as a trade or domain name without consent;
• application of the trade mark to goods labelling or packaging without authorisation; and
• sale or possession of goods with an infringing mark, with a burden of proving innocence by demonstrating reasonable precautions and lack of suspicion.

Copyright

Section 56 of the Copyright Ordinance outlines the following as constituting copyright infringement:

• where any person, without the copyright owner’s consent or a licence from the Registrar, performs an action exclusive to the copyright owner;
• where any person allows their place to be used for profit in a way that infringes the copyright; and
• where any person who, for commercial purposes, makes, sells, displays, distributes, or imports infringing copies of the work.

There are no prerequisites for filing a trade mark or copyright lawsuit.

After the promulgation of the Intellectual Property Organisation of Pakistan Act 2012, all suits relating to the infringement of IP shall be instituted before the Intellectual Property Tribunals (IPTs). The IPTs are limited by the territorial jurisdiction of each province. Moreover, the Sindh High Court in Karachi enjoys the special pecuniary jurisdiction of being the court of first instance for matters involving over PKR6.5 million in value; however, recently the Sindh High Court decided that the exclusive jurisdiction for IP infringement matters vests with the relevant IPT and thus, for all intended purposes, all court cases of such nature must be instituted before the said IPT.

Please note that any appeals from the decision of an IPT shall be referred before the relevant High Court, and further appeal may be made to the Supreme Court of Pakistan, which shall first grant leave for appeal to admit this.

Costs for infringement or dilution actions, covering trial and appeal, typically range from PKR2.5 million to PKR3 million or more, including attorneys’ fees. However, while legal representation is not mandated, it is advisable for parties to engage an attorney.

Foreign trade mark owners can bring infringement claims under the protection of the Paris Convention, incorporated into the Trade Marks Ordinance through Section 86. Such owners have the right to seek an injunction against the use in Pakistan of a trade mark that is identical or deceptively similar to their well-known trade mark, irrespective of the registration or use of such mark in Pakistan. Similarly, a foreign copyright holder can enforce their rights through the international treaties that Pakistan is a party to.

An alleged trade mark or copyright infringer can file a suit under Section 52 of the Trade Marks Ordinance for “groundless threats”, especially where they are, or apprehend being, threatened for trade mark infringement. Further, a defendant can only protect itself by legal action, relying on grounds such as honest and bona fide use, showing that the mark was used by the defendant for a period of five years with the plaintiff’s knowledge, and thus attracting the principle of acquiescence. Moreover, the defendant may also challenge the registration in question if the plea is that the trade mark in question does not meet the criteria laid out in the Ordinance.

No distinction is made in the law for small claims. All suits or actions relating to infringement shall be instituted before the IPT of competent jurisdiction.

The trade mark or copyright offices do not make decisions on infringement per se. They may adjudicate on similarity and/or dissimilarity of marks during opposition proceedings; however, the tribunals are not bound by such decisions. That said, the decisions of the trade mark and copyright offices carry substantive weight.

Trade Marks

The Trade Mark Ordinance defines “counterfeit trade mark goods” as unauthorised products, including packaging, that carry a trade mark identical or indistinguishable from a validly registered mark.

Actions against counterfeit exportation include filing a complaint against the clearance of counterfeit or infringed goods in accordance with the addition to the Customs Rules 2001 Statutory Regulatory Order (SRO) No 170(1)/2017, dated 16 March 2017, which empowers customs officers in Pakistan to act against the importation and exportation of counterfeit goods by seizing or confiscating the goods.

Furthermore, counterfeiting is also a criminal offence covered under Section 478 of the Pakistan Penal Code. Criminal remedies may include imprisonment, fines and destruction of infringing goods.

Copyright

The Copyright Ordinance defines a counterfeit copy as an imitation of another copy which appears to be – but is not – genuine. The penalty for distribution of counterfeit work for the purposes of business, profit or gain is punishable with imprisonment (which may extend to three years) or with fine of up to PKR100,000, or both. Counterfeit goods may also be seized by an application under the Copyright Ordinance.

The legal framework for trade mark and copyright proceedings in Pakistan is provided by the Trade Mark Ordinance and the Copyright Ordinance, respectively. These matters are heard in specialised courts (IPTs; see 7.5 Lawsuit Procedure) with provincial jurisdiction. The proceedings in these tribunals are adversarial, and are presided over by a single judge who makes decisions based on both written and oral submissions and pleadings. The judge is entitled to seek expert advice and to call upon expert witnesses in cases relating to technical expertise.

The registration of a trade mark and/or copyright is considered as prima facie evidence of proprietorship, which could result in instant relief by the courts in the form of an interlocutory injunction against any unauthorised use.

Section 40 of the Trade Marks Ordinance lays out the test for infringement. Subsections (1) and (2) state that infringement occurs if the alleged infringer uses a mark that is identical to the registered trade mark in relation to identical goods or services, or if the mark is deceptively similar and used in connection with goods or services identical or similar to those for which the trade mark is registered.

Costs for infringement or dilution actions, including trial and appeal, vary from PKR2.5 million to PKR3 million or more. Recovering costs is provided for under the law, though Pakistani courts are generally hesitant in this regard and, when granted, the amounts are limited to a small fraction of the total expenses.

In Pakistan, various defences against trade mark infringement may be invoked, and some of these defences are recognised by statute. The key defences include:

• acts done in good faith;
• honest concurrent use;
• own-name defence;
• comparative advertisement;
• disclaimers on a trade mark registration;
• non-use and objection for non-use;
• abandonment;
• rights granted by a licence;
• fair use; and
• acquiescence.

These defences are not necessarily total bars to liability, and their applicability depends on the specific facts of each case. The elements of these defences may vary and their recognition may be influenced by statutory provisions, common law principles and judicial interpretation.

Pakistani law recognises “fair use” under the Copyright Ordinance. Section 57 of the Ordinance outlines certain acts that do not constitute infringement of copyright. These include fair use exceptions, such as fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or private study, criticism or review, whether of that work or of any other work. Furthermore, the section expands fair dealing to include literary, dramatic, musical or artistic work for the purpose of reporting current events in a newspaper, magazine, or similar periodical, as well as by broadcast, in cinematographic work or by means of photographs.

These provisions allow for the limited use of copyrighted works in specific contexts without obtaining the owner’s consent. The factors considered in fair use analyses are outlined in the statute and include the purpose of use (eg, research, criticism, reporting current events) and the nature of the work being used.

While Pakistani law makes no explicit mention of an exception to copyright infringement based on satire or parody, the general fair use provisions in Section 57 of the Ordinance may provide some flexibility. Interpretation of whether a particular use qualifies as satire or parody and falls under fair dealing would depend purely on the discretion of the adjudicating authority.

Although no explicit mention is made to an exception to copyright and/or trade mark infringement based on the right to free speech and/or information, the general fair use provisions in Section 57 of the Ordinance may also provide flexibility here. Again, interpretation of whether a particular use qualifies as free speech and/or information and falls under fair dealing would depend purely on the discretion of the adjudicating authority.

Pakistan recognises the principle of exhaustion of trade mark rights, commonly referred to as the doctrine of first sale. Once a trade mark owner puts a product into the market, their exclusive rights over that specific item are considered exhausted. Subsequent sales of that item by others are not within the scope of trade mark infringement.

As for copyright, the concept of exhaustion is less clear-cut in Pakistan. While the law does not explicitly address the doctrine of exhaustion, the principles related to the first sale may be applied to some extent. The idea is that, once the copyright owner has authorised the sale of a copy, they may be limited in preventing subsequent sales of that specific copy.

With regards to the treatment of digital content by the courts, in the absence of explicit provisions, the courts consider the nature of digital goods, licensing agreements and other relevant factors when applying exhaustion principles to digital content.

In cases of infringement, the remedies available to a trade mark or copyright owner include seeking preliminary or permanent injunction, damages, declaration and rendition of accounts.

Damages may encompass actual loss, loss of business opportunity and future profits, and damage to reputation.

Injunctive relief, whether interim or permanent, can be made out upon fulfilment of three conditions:

• the existence of a prima facie case in favour of the applicant;
• that irreparable loss, damages or injuries may occur to the applicant if injunction is not granted; and
• that the balance of convenience should be in favour of the applicant.

The usual defences may include delay, laches, no likelihood of confusion and deception, prior use, honest concurrent user and acquiescence; these may tilt the prima facie case in the defendant’s favour, who may prove that any injunctive relief is to the prejudice of their legal and constitutional rights.

Section 46(2) of the Trade Marks Ordinance stipulates that, in an action for infringement, all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor of the trade mark as is available in respect of the infringement of any other property right.

Damages are typically calculated based on the actual harm suffered by the owner, the profits gained by the infringer and – for criminal remedies – statutory fines specified in the law. The availability of certain monetary remedies, such as statutory damages, may be influenced by whether the trade mark or copyright is registered, with registration often enhancing the remedies awarded.

While the law does provide for monetary remedies, the courts have often shown reluctance in awarding these to the plaintiff.

While the plaintiff can claim court fees, expenses and attorney fees in the damages sought, courts rarely grant such compensation.

Ex parte relief is granted to the trade mark/copyright owner in the case of blatant infringement, and is very commonly granted. That said, it is not a matter of right and cannot be appealed against unless time-sensitive and compelling reasons are provided.

Nonetheless, the Copyright Ordinance does provide for ex parte relief as a matter of right under Section 60-A. This allows copyright owners to seek immediate provisional orders from a tribunal, without notice to the other party/infringer, in order to prevent irreparable harm or to preserve evidence which may be destroyed.

Pakistan’s legal system has implemented border enforcement mechanisms to combat exportation and importation of counterfeits from and into Pakistan. Proprietors of trade marks and copyrights can file complaints against the clearance of counterfeit or infringed goods, as empowered by the Customs Rules 2001 Statutory Regulatory Order (SRO) No 170(1)/2017, dated 16 March 2017. Through this SRO, the customs authority has established an independent directorate for the enforcement of IP rights, and provides that, upon a complaint, customs officers may seize counterfeit/infringing goods during importation and exportation. The relevant SRO mandates an independent procedure for the adjudication of such matters, and requires an amount to be provided as security by the complainant.

Moreover, under the Trade Marks Ordinance, a proprietor of a registered trade mark can provide written notice to the Collector of Customs, designating infringing goods as prohibited. Subsequently, the Collector of Customs is authorised to seize and destroy such goods, following prescribed procedures outlined in the law.

It is pertinent to mention that parallel imports are allowed in Pakistan, subject to payment of the relevant taxes and duties and the proper declarations.

A trade mark or copyright infringement decision issued by a tribunal can be appealed to the High Court with territorial jurisdiction over the tribunal.

The procedure envisaged in the Intellectual Property Organization of Pakistan Act 2012 provides for a statutory remedy of appeal, which allows for an appeal to the High Court under the general provisions of law and procedure.

Copyright infringement claims are appealed from the tribunal to the High Court. However, Copyright Registrar orders are subject to appeals before the Copyright Board, which is the final appellate body, unless the orders are challenged under the constitutional provisions of Pakistan. 

The timeframe for an appeal against a decision of the trial court to the High Court is 30 days. The disposal of an appeal may take up to two or three years.

In Pakistan, the issue of IP jurisdiction has evolved in recent years, and numerous courts have held that a tribunal holds exclusive jurisdiction to try IP cases. Pakistan has also amalgamated provisions related to geographical indications, and in the future these may lead to a comprehensive policy under the auspices of the Intellectual Property Organisation of Pakistan.

Pakistan is in the process of promulgating amendments to the Copyright Ordinance to cater to the emergence of artificial intelligence (AI). Moreover, a draft National Artificial Intelligence Policy, issued by the Ministry of Information, Technology and Telecommunication, is also pending promulgation and indicates recognition of the need to establish guidelines for the responsible development and deployment of AI technologies in the country. That said, the absence of specialised laws has posed challenges in addressing modern issues related to software development, distribution and infringement. 

No special rules or situations exist regarding trade mark and copyright use on the internet. However, many online platforms present in Pakistan, such as Amazon and Daraz (a subsidiary of the AliBaba group), require trade mark registrations for the enlistment of their vendors, essentially making it pertinent for their business.

Moreover, it is worth mentioning that, under drugs law, a drug registration is granted on the precondition that it shall not be similar to or infringe upon a third party’s rights.