PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
That said, there is no requirement to present a bond to obtain an injunction. 10.2 Monetary Remedies Section 46 (2) of the Trade Marks Ordinance proposes 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 avail - able 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, in the case of criminal remedies, statutory fines specified in the law. The availability of certain monetary remedies, such as statutory dam - ages, may be influenced by whether the trade mark or copyright is registered, with registration often enhanc - ing the remedies awarded. While the law does provide monetary remedies, the courts have often shown reluc - While the plaintiff can claim court fees, expenses and attorney fees in the damages sought, courts rarely grant such compensation. 10.4 Ex Parte Relief Ex parte relief is granted to the trade mark/copyright owner upon the provision of blatant infringement, and is very commonly granted. That said, it is not a matter of right and cannot be appealed against unless it is time-sensitive and compelling reasons are provided. The Copyright Ordinance does provide ex parte relief as a matter of right under Section 60-A of the Copy - right (Amendment) Ordinance. This allows copyright owners to seek immediate provisional orders from the Tribunal, without notice to the other party/infringer, in order to prevent irreparable harm or preserve evidence that may be destroyed. 10.5 Customs Seizures of Counterfeits or Parallel Imports Pakistan has implemented border enforcement mechanisms to prevent the importation and exporta - tion of counterfeit goods. Under the Customs Rules, 2001 and Statutory Regulatory Order (SRO) No 170 (1)/2017, trade mark and copyright owners may file complaints with Customs against infringing goods. The SRO establishes a dedicated Directorate for tance in awarding these to the plaintiff. 10.3 Attorneys’ Fees and Costs
Intellectual Property Rights, empowering customs authorities to seize counterfeit or infringing goods at the import or export stage, subject to an independent adjudication process and the provision of security by the complainant. Additionally, a registered trade mark proprietor may notify the Collector of Customs in writing to treat infringing goods as prohibited, enabling seizure and destruction in accordance with statutory procedures. It is also noted that parallel imports are lawful in Paki - stan, provided applicable duties, taxes and declara - tion requirements are satisfied.
11. Appeal 11.1 Appellate Procedure
A trade mark or copyright infringement decision issued by the Tribunal can be appealed to the High Court having territorial jurisdiction over the Tribunal. 11.2 Timeframes for Appealing Trial Court Decisions 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 to three years.
12. Additional Considerations 12.1 Emerging Issues
Pakistan is in the process of promulgating amend - ments to the Copyright Ordinance to cater to the emergence of artificial intelligence (AI). Moreover, a draft National Artificial Intelligence Policy is also pend - ing promulgation as issued by the Ministry of Informa - tion Technology and Telecommunication, indicating a 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 address - ing modern issues related to software development, distribution and infringement. 12.2 Trade Mark and Copyright Use on the Internet This topic is not applicable.
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