Intellectual Property Organization (Ipo)

INTELLECTUAL PROPERTY ORGANIZATION (IPO)

Intellectual Property (IP) refers to creations of the intellect for which an exclusive right is assigned to designated owners by law. Intellectual property rights (IPRs) are the protections granted to the creators of IP, and include trademarks, copyright, patents, industrial design rights, Layout designs of integrated circuits, Geographical Indications and Plant Breeder’s Rights. The registrations of IPRs are territorial and must be filed in each country where protection is sought. The following types of intellectual property rights protection are being offered / in-process in Pakistan:

1. REGISTRATION IN TRADE MARK:

A Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and / or design that identifies and distinguishes the source of a service rather than goods.

Trade Marks Registry (TMR) is premier body of Intellectual Property Organization of Pakistan (IPO-Pakistan) working for the registration of trade and services marks under the Trademarks Ordinance, 2001.

Initially Trademark is registered for 10 (Ten) years from the filing date. The Trademarks registration can be renewed after every 10 (Ten) years.

 

REQUIRED DOCUMENT FOR TRADE MARK REGISTRATION

 

1. Name of trade mark or logo
2. Name of owner

iii.       Registered Address.

1. Power of Attorney

 

2. REGISTRATION IN COPY RIGHT

Copyright is a legal instrument that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works.

Copyright includes the following creative works:

Literary works:  which includes Books, Magazines, Journals, Lectures, Dramas, Novels, Computer programmes/Software and compilation of data etc.

Artistic works: like paintings, Maps, photographs, drawings, Charts, Calligraphies, Sculptures, Architectural Works, Label Designs, Logos, Monograms and other works alike.

Cinematographic works:  which includes movies, audio-visual works, documentaries etc; and

Record works:  which include sound recordings, musical works etc.

Steps for Registration of Copyright:

1. Filing of application
2. Examination

• Publication in newspaper (Artistic Work only)

1. Opposition, if any
2. Issuance of Certificate by Registrar (Registration)

 

 

            REQUIRED DOCUMENT FOR COPY RIGHT REGISTRATION

 

1. Application.
2. Artistic Work, Literary Work, Work in the form of VCD/DVD/Audio/Video

• Name of owner.

1. Registered Address.
2. Power of Attorney.

 

3. REGISTRATION IN DESIGN

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

An industrial design is primarily of an aesthetic or visual nature, and does not relate to the technical features of an article.

 

Advantages of Registered Designs

1. The owner is able to prevent unauthorized copying or imitation of his or her design by third parties. In addition, as industrial designs add to the commercial value of a product & facilitate its marketing & commercialization, their protection helps ensure that a fair return on investment is obtained.
2. Protection of industrial designs encourages fair competition & honest trade practices.

• Industrial design protection acts as a spur to a country’s economic development by contributing to the expansion of commercial activities & by enhancing the export potential of national product

REQUIRED DOCUMENT FOR DESIGN REGISTRATION

1. Application
2. Name of owner

• Registered Address.

1. Power of Attorney
2. Article bearing the Design

 

4. REGISTRATION IN PATENT

A patent is grant of exclusive rights for an invention to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent.

A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent owner may give permission, or license, to other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends and invention enters the public domain, that is, the owner no longer holds exclusive right to the invention which becomes available to commercial exploitation by others.

The patent system is desirable in the public interest that industrial techniques should be improved. The monopoly rights are granted in lieu of disclosure of the invention i.e advancement in technology. In order to encourage improvements and to encourage also the disclosure of improvements in preference to their use in secret. Any person devising any improvement in a manufactured article or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain.

 

Patent applications are examined under the Patents Ordinance, 2000 and Rules there under for both technical and legal merits.

REQUIRED DOCUMENT FOR PATENT REGISTRATION

1. Application
2. Patent Specification

• Drawings (if any)

1. Power of Attorney
2. Owner name and CNIC
3. Registered Address

 

IPO APPELLATE TRIBUNAL:

All suits and other civil proceedings regarding infringement of intellectual property laws shall be instituted and tried in the Tribunal. Notwithstanding anything contained in any other law for the time being in force, the Tribunal shall have exclusive jurisdiction to try any offence under intellectual property laws.

FINAL CERTIFICATION:

If there are no objections, application will be published in the Trade Marks Journal. If no oppositions are filed to the published application within two months from date of publication of the Trade Marks Journal, the application stands accepted and Demand Notice is issued to the applicant requesting him/her to submit Form TM-11 along with registration fee from scheduled bank in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate and On the receipt of registration fee, the Final Registration Certificate is issued by the Registrar of Trademarks.

RENEWAL OF TRADE MARK, COPY RIGHT, DESIGN, PATENT:

 

For renewal of a trade mark, Copy Right, Design and Patent at the expiration of the last registration. An application of renewal is filed to the concern authority with prescribed Fee and required documents to complete the renewal process.

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