PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
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1. Trade Mark and Copyright Law 1.1 Governing Law Trade marks in Pakistan are primarily governed by the Trade Marks Ordinance, 2001 (as amended in 2023) (the “Trade Marks Ordinance”) and the Trade Marks Rules, 2004, which regulate registration, prosecution and enforcement. Copyright protection is provided under the Copyright Ordinance, 1962 (the “Copyright Ordinance”) and the Copyright Rules, 1967, both amended in 2000. Paki - stan also recognises common law trade mark rights based on prior use, enforceable through passing off. In addition, well-known trade marks are protected under Section 86 of the Trade Marks Ordinance, reflecting Pakistan’s obligations under the Paris Convention. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Pakistan is a signatory to several key internation - al intellectual property treaties. In the area of trade marks, these include: • the Paris Convention; • the TRIPS Agreement; • the WIPO Convention; • the Madrid Agreement and Madrid Protocol; and • the WTO Agreement. Pakistan has also acceded to major copyright treaties, including: • the Berne Convention;
• the TRIPS Agreement; • the Universal Copyright Convention;
• the WIPO Copyright Treaty; • the Rome Convention; and • the Marrakesh Treaty.
These treaties are not self-executing in Pakistan; however, their provisions have been incorporated and enforced through domestic legislation, particu - larly the Trade Marks Ordinance, which gives effect to instruments such as the Paris Convention, TRIPS Agreement and Madrid Protocol. Even where specific implementing legislation is absent, Pakistani courts and authorities accord due weight to international treaty obligations, recognising their binding effect on the State and their persuasive value in intellectual property adjudication. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks The Trade Marks Ordinance defines a trade mark as any mark capable of graphical representation and of distinguishing the goods or services of one undertak - ing from another. A “mark” broadly includes words, names, symbols, devices, numerals, slogans and figurative elements, and has evolved to cover non- traditional marks such as colours, sounds and three- dimensional designs, although protection for smells remains uncertain due to graphical representation requirements.
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