1. 1. Ahsan Khan BS-11-38
2. 2. What Is Copyright ? It is the right of literary property as recognized and sanctioned by a positive law, the Copyright Ordinance, 1962 as amended by Copyright (Amended) Act 1992. An intangible, incorporeal, right granted by these statutes to the author or originator of certain literacy or artistic productions, whereby he is invested for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.
3. 3. Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include following categories: Literary Works Musical Works including any accompanying words Dramatic Works, including any accompanying music Pantomimes and choreographic works Pictorial, Graphic, and Sculptural works Motion pictures and other audio-visual works Sound recordings
4. 4. Where These Laws Not Apply? In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery of nature laws, regardless of the form in which it is described, explained, illustrated or embodied in such work.
5. 5. Copyright, in a literary work may be infringed in several ways: By reprinting verbatim a part of it By imitating the whole or part, or by reproducing the whole or part under abridged form By reproducing the whole or part with colourable alternation By converting it into a dramatic work By performing it in public By dealing with copies made or imported in contravention of Copyright Act
6. 6. What is a Patent? A patent for an invention is grant of exclusive rights 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. What rights does a patent owner have? 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.
7. 7. Licensing: The patent owner may give permission to, or license, 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.
8. 8. Patentable Inventions In Pakistan In order to be patentable an invention should have the following characteristics:- The invention is new. It involves an inventive step. It is capable of industrial application. It should not be contrary to law or morality.
9. 9. UnPatentable Inventions In Pakistan Discoveries of Laws of nature. Method or producing sound. Computer Programs (Software) The discovery of new properties of known substance. Literary, dramatic, musical and artistic works. Doctors prescriptions and Patent Medicines. Mere charts, diagrams, or printed sheets. A surgical operation.
10. 10. Who may apply for a patent ? According to patent law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties What If The Inventor Is Dead ? If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate.
11. 11. Co-Inventors If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor.
12. 12. Reliefs in suits for infringement If a patent is infringed by infringer and a suit for infringement has been field against him then the remedies can be availed by the patentee. The Court can order to. desist form infringement. pay the right holder expenses which may include appropriate attorneys fee the applicant to pay the defendants expenses including attorneys fee. prevent an infringement, if there are imported goods the court can order to prevent its customs clearance.
13. 13. What is a Design? A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work .
14. 14. Design Ordinance protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected. Legislation The Pakistan law of designs is enshrined in the Designs Ordinance, 2000. The Act seeks to provide for the registration of designs in Pakistan. The rights granted under the Ordinance are operative in the whole of Pakistan.
15. 15. Classification Almost all jurisdictions including Pakistan follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon the predominant material with which the article is made or is capable of being made.
16. 16. Rights conferred by registration The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered. Duration of registration The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
17. 17. Remedies For Infringement Remedies under Section (8) If any person infringes a registered proprietors right, the proprietor may: bring a suit for an injunction for the continuance of the infringement. bring a suit against him for the recovery of damages
18. 18. What is trademark ? A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. What is the law that regulates trademarks in pakistan? In Pakistan, registration and protection of trademarks is regulated under the Trademarks Ordinance, 2001 and it extends to whole of Pakistan.
19. 19. Trade name is the full name of your business, such as: Syed Bhais (Pvt.) Limited and it identifies your company or firm. A trademark, however, is the sign that distinguishes the product of your company. A company may have various trademarks. For instance Syed Bhais Private Limited sells its products under the trademark. Who is authorized to apply for trademark registration? Any person who intends to use a trademark can apply for registration. It can be individual, firm, company or organization.
20. 20. What is the penalty for applying false trade description? He will be punished with imprisonment of either description for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees, or with both and on subsequent conviction penalty will be enhanced. What is trademark infringement? A person shall infringe a registered trademark if such person uses in the course of trade a mark which is identical with the trademark in relation to goods or services which are identical with those for which it is registered.
21. 21. When a trademark is not infringed ? A person shall not infringe a registered trademark when used in good faith. Where registration of a trademark is subject to disclaimer, a person shall not infringe the trademark by using disclaimed part of the trademark. In case of importation of infringing goods, material or articles what remedies are available? Infringing goods, material or articles may be treated as prohibited, the proprietor of the registered trade mark may give notice in writing to the collector of Customs that he is the proprietor of the registered trade mark, that infringing goods, material, article, bear false indications as to their source or the identity of their manufacture are expected to arrive in Pakistan from outside Pakistan and that they are subject to the control of the customs authorities under the Customs Act, 1969 (IV of 1969): and he request s the Collector of Customs to treat such goods as prohibited.