PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
relevant taxes and duties and the proper dec - larations.
have held that a tribunal holds exclusive jurisdic - tion to try IP cases. Pakistan has also amalga - mated provisions related to geographical indi - cations, 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 Intel - ligence Policy, issued by the Ministry of Infor - mation, Technology and Telecommunication, is also pending promulgation and indicates rec - ognition 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 chal - lenges in addressing modern issues related to software development, distribution and infringe - ment. 12.2 Trade Mark and Copyright Use on the Internet No special rules or situations exist regarding trade mark and copyright use on the internet. However, many online platforms present in Paki - stan, such as Amazon and Daraz (a subsidiary of the AliBaba group), require trade mark registra - tions for the enlistment of their vendors, essen- tially 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.
11. Appeal 11.1 Appellate Procedure
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 pro - vides 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, Copy - right 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. 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 or three years. 12. Additional Considerations 12.1 Emerging Issues In Pakistan, the issue of IP jurisdiction has evolved in recent years, and numerous courts
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