While advising businesses expanding in Pakistan or Pakistani businesses planning to export their goods or services beyond Pakistan, it is essential to focus on one of the basic areas of business law that protect your business’ identity, integrity and ensures a uniform standard to your customers and clients: Intellectual Property Laws.
AFMalik Law is a registered law firm operating from Pakistan.
By Barrister Ahmad Farooq Malik, Partner AFMalik Law. Intellectual Property is the type of property which emanates from human intellect. Typically, the word ‘property’ denotes something that is tangible and is either money or money’s worth e.g. land, car, clothes etc. However, IP is the form of property which starts in an intangible form and is subsequently transformed into a tangible form e.g. idea for a logo drawn onto a piece of paper, a music composition written down, a unique process of introducing new aspects of technology put to industrial use. In a typical tangible property, it is not necessary that the owner has created that property himself. A person can become the owner of a car after paying its price. It is not necessary for him to be the creator of the car also to claim proprietary rights in it. However, in the case of intangible property i.e. intellectual property, in most cases, the owner of the intellectual property is also the creator of that intellectual property, though it is not necessary in all cases. The exception, broadly speaking, is where a person creates an intellectual property for someone else during a course of employment. In such cases, the intellectual property has been created by one person, whereas the proprietary rights in that intellectual property belong to another. Similarly, once intellectual property is created by a person, it can be, like tangible property, assigned/transferred to someone else. Hence, the proprietary rights in that intellectual property gets transferred to the other person. There are various rights a person enjoys, being the owner of a tangible… Read More »Intellectual Property Rights in Pakistan