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Zaman & Zaman Advocates |
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Intellectual Property (IP) effects all areas of our every day life and business. A general outline of the different main types of IP, the subject matter to which they relate and also the legislation in Pakistan that regulate each type of IPR ( Intellectual Property Rights ) is noted below for your quick reference:
As with all forms of property, there are often costs involved in protecting intellectual property. However once protected, the property can be sold (assigned) or licensed or the owner can use the rights to generate a product incorporating the IP that he can then sell or make use of himself. Further details are given regarding assignations and licenses below.
FREQUENTLY ASKED QUESTIONS REGARDING IP RIGHTS
1. Why is Registration Necessary? 3. Is a trademark the only way I can protect my intellectual property? 4. Will the concerned Registration Office ensure that my Trade Mark, Patent, Design and/or Copyright is not infringed? 5. How can I prevent the infringement of my IP Rights? 6. Once I register my Trade Mark, Patent, Design and Copyright, does that prevent everyone in Pakistan from using it? 7. Who can register a Trade Mark, Patent, Design and Copyright? 8. Why hire an agent for Registration? 9. How do I register a Trade Mark, Patent, Design and Copyright? 10.Does registration in Pakistan protect my rights in other countries? 11.Can I register my own name as a trade-mark? 12.What steps are involved in IP registration? 13.What do I need to include in my application? 14.Can I allow other parties to use my registered Trade Mark, Patent, Design and Copyright? 15.What M/s. ZAMAN & ZAMAN offers you?
1. Why IS registerATION necessary? There are two main reasons to register IP rights. First, the registration process ensures that you do not pick a Trade Mark, Patent, Design or Copyright that is already owned by someone else. It provides you with an opportunity to see other similar Trade Marks, Patents, Designs and Copyrights before you invest your own time and money promoting your proposed IP. The Trade Mark, Patent, Design or Copyright you are thinking of using may be similar to other marks, and while the Registry may allow you to register a similar Trade Mark, Patent, Design or Copyright (sometimes it will not), it may not make business sense to do so. Second, a registered Trade Mark, Patent, Design and Copyright is the best proof available to demonstrate your exclusive ownership of the mark across Pakistan. In a dispute between two people who are using the same trade-mark, the person who is registered as owner of the trade-mark has a significant tactical and legal advantage. Thirdly in one of the WTO convention member country, when you apply for the registration of the similar mark, you will have the first preference. Notably, a registered Trade Mark, Patent, Design and Copyright is a prerequisite for franchising a business.
Yes, because whenever a person finds himself in a dispute over ownership. Significant legal and tactical advantages are gained through prior registration of ones rights. The more money you invest, or plan to invest, in your business the more sense it makes to register the Trade Mark, Patent, Design and Copyright in order to protect that investment of yours.
3. Is a trademark the only way I can protect my intellectual property? Different types of intellectual property can be protected in different ways. There is a Federal legislation that protects different types of intellectual property. Patents cover new inventions or new and useful improvements of existing inventions. Copyrights protect artistic, dramatic, musical or literary works, computer programs and other subject matter known as performance, sound recording and communication signal. Industrial designs can also be protected as well as integrated circuit topographies. Protection of such intellectual property allows people to work in such areas without fear that someone else will improperly profit from their efforts.
The Concerned Office is merely the registry for IP, and is not involved in enforcement against those that infringe upon any given Trade Mark, Patent, Design and Copyright. You will need to hire a lawyer to take legal action if you feel it is necessary. The registration of your trade-mark, however, will prove invaluable if you are involved in trade-mark dispute or enforcement.
5. How can I prevent the infringement of my IP Rights? Preventing others from infringing upon your Trade Mark, Patent, Design and Copyright firstly depends upon how vigilant you are in monitoring the marketplace. Others may be using your Trade Mark, Patent, Design and Copyright but you are unaware- perhaps the Trade Mark, Patent, Design and Copyright is being used in a different industry or geographic location. Once you become aware that your mark is being used, you will need to contact a lawyer to determine what court remedies you may have against that unauthorized user of your mark. Registration of a Trade Mark, Patent, Design and Copyright does not automatically result in the court prohibiting others from using the mark. Registration, however, does provide a clear advantage in court if there is a dispute over ownership, and this advantage usually becomes quite clear once court proceedings are commenced. Our office will be able to advise you regarding trade-mark infringement and your chances of prohibiting the misuse of it by others. It is a complicated area of the law that often depends upon the particular facts.
It depends; First, if you take no steps to prohibit the person from using your registered mark, then there is nothing preventing the other person from using the mark. If you wish to prevent the other user from using your mark, then you have legal rights which you can enforce against that person. The court has the power to prohibit any person from using a particular mark. Whether the court will take such an action depends largely upon the facts and circumstances of the mark usage. It is a huge advantage, however, to be the registered owner of the mark, as it is a proof that you indeed own that mark. A person might wonder why registration is so important if, even after registering a mark, you cannot automatically prohibit another person from using the mark. Basically, registering a mark is an important defensive measure to protect your "turf". Once registered, you have the upper hand in any dispute over the use of the mark.
7. Who can register a Trade Mark, Patent, Design and Copyright? As long as the requirements of the Pakistan Registration Offices, individuals, partnerships, trade unions or any other lawful associations and business entities may register a Trade Mark, Patent, Design and Copyright.
8. Why hire an agent for Registration? Much time, money and effort is often expended creating, promoting and maintaining a Trade Mark, Patent, Design and Copyright. In some cases, it becomes the most valuable asset of a business. The registration process can be complex, so an agent can save you time and money by ensuring properly prepared application materials and thorough research.
9. How do I register a Trade Mark, Patent, Design and Copyright? You must file an application with the Concerned Registrars. The application then passes through a rigorous process to judge that does it meets the requirements of the relevant Laws or not.
10. Does registration in Pakistan protect my rights in other countries? No. If you do business outside of Pakistan, you should consider registering your trade-mark in those countries too in which you conduct your business. But there is an advantage of the registration in your home country. In case you desire to do business in other WTO convention countries, you will get a preferential right over other persons in getting that registration in your favour.
11. CAN I register my own PERSONAL name as a trade-mark? The Trade-Marks Office will not normally allow a proper name, your or anyone else's, to be registered as a trade-mark. Nevertheless, as with all trade-names, if you can demonstrate that the name has become identified in the public mind with certain goods or services, registration may be permitted.
12. What steps aRE INVOLVED IN IP registration? Typically, there are four steps in the Trade-mark registration process: 1. An application to the concerned Registrar; 2. Examination of your application by the Registrar Office; 4. Publishing of the application in the prescribed Journal to determine if any owners of currently registered Trade Mark, Patent, Design and Copyright take exception to your proposed mark. 5. Time allowed by Registrar for opposition (challenges) to the application. 6. Allowance and registration (if there is no opposition).
13. What do I need to include in my application? 1. The completed application in the required form; 2. The application fee; 3. Required number of drawings of the Trade Mark, Patent, Design and Copyright as the concerned Registrar requires.
14. CAN I allow other parties to use my registered Trade Mark, Patent, Design and Copyright? A Trade Mark, Patent, Design and Copyright is an asset and like all other assets it can be sold, bequeathed, assigned or licensed.
15. What M/S. ZAMAN & ZAMAN offers YOU ? We at ZAMAN & ZAMAN arrange for the filing of applications, the registration and renewal of Trade Mark, Patent, Design and Copyright, and provide sound commercial advice in relation to all aspects of creation, use, registration and enforcement of IP rights, inclusive of your internet domain names and services provided by your company to your clients.
We at Zaman & Zaman are dedicated to promote the creation, use, and protection of intellectual property rights of our Pakistan based entrepreneurs worldwide. We draw upon our experience and expertise in IP-related issues to assist our clients, to overcome these obstacles and take better advantage of IP protection. Giving due importance to SMEs in Pakistan which - constitute some 75% of all enterprises nationwide and account for more than 80% of the production of goods and services; the effective protection of their IP assets is a key factor in ongoing economic development of our country.
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