Recourse for redressal: Civil Courts, Labour Courts or NIRC

In case of any legal action taken by an employee, the company can respond to them depending upon which forum the complaint has been taken to. The workmen can take their complaint to the Labour Court or National Industrial Relations Commission (NIRC) and non-workers can take their grievances to the Civil Court.

Mode of Termination of Employment

While advising a company, we may be faced with advising a company on modes of termination of employment of services where an employee has been found to have conducted fraudulent activities. The question would be, can such an employee be relieved of his services immediately without any prior notice period and can he/she take any legal action against the company?

Workmen v. Managerial Staff: Corporate & Labour Laws

Employers are entitled to dismiss employees for a number of reasons including misconduct, retrenchment, lay-off and closure. The West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 provides a list of acts and omissions, which, if committed by an employee, amount to misconduct and can be cause for dismissal.

Children, Legal Loopholes and Constitutional Rights

The recent incidents of sexual harassment at some private schools in Lahore has highlighted the gross violation of these fundamental rights of children under the Constitution and the lack of requisite laws to hold schools accountable for the lack of protection of children on their premises.

First High Court Committee on Social Impact Laws

We are very pleased to announce that our senior Partner Advocate Mrs. Ammara Farooq Malik has been nominated as the Chairperson of the ‘Climate Change, Infrastructure, Gender & Social Entrepreneurship Laws Committee’ of the Lahore High Court on 15.6.2020.

Foreign Arbitral Awards for Pakistani Businesses

Deciding about the application of the correct mechanism for the enforcement of an arbitral award depends much, in law, upon the type of arbitral award itself. The choice of the correct mechanism hinges upon invoking the jurisdiction of the court of law which possesses the legal jurisdiction to take up the enforcement matter and rule upon the same.

US Consulate Launches IPR Toolkit Created by AFMalik Law

The Intellectual Property Rights Course & Toolkit for Business Incubators in Punjab, developed by the AFMalik Law Partners, Advocate Ammara Farooq Malik and Barrister Ahmad Farooq Malik, was launched on 26th April, 2019 at the US Consul General’s Residence on the occasion of the World Intellectual Property Day 2019.

AFMalik Law conducts Focus Group Discussion on IPR

On 15th April, 2019 the AFMalik Law Partners conducted a Focus Group Discussion at the US Consulate to discuss their upcoming IPR Tool Kit. The Intellectual Property Rights Course & Tool Kit for Punjab Incubators was created by the Partners Advocate Ammara Farooq Malik and Barrister Ahmad Farooq Malik under a PUAN USEF grant

Meaning of Copyright in Pakistan

Copyrights Barrister Ahmad Farooq Malik, Partner AFMalik Law. The meaning of Copyright is well illustrated in section 3 of the Copyright Ordinance, 1962, as an ‘exclusive right’ by virtue of the use of literary, dramatic, musical, artistic or cinematographic works and examined further through examples as covered by the Ordinance. The State v Muhammad Amin Haroon & Others, explains what is meant by a copyright in the following words: “In common parlance the copyright can be defined as the sole and exclusive liberty of printing or otherwise multiplying copies of any literary, dramatic, musical and artistic works. It exists in original literary, dramatic and musical works, and cinematograph films and records. For the purposes of Copyright Ordinance, there has to be some intellectual property, literary work, script, lecture, musical work, photograph, cinematograph work and others and the original owner thereof.” [1] See further: In Safdar Hussain v. Mst. Noshi (Nishat) Gillani and others [PLD 2016 Lahore 563]. [1] The State v Muhammad Amin Haroon & Others [2010 PCrLJ 518]

Business Process & IP

By Ammara Farooq Malik, Partner AFMalik Law. Though a one size fit for all is not possible, however a general guideline can be provided on when and where the intellectual property must be registered in the process of business formation. Business process and IP in each step: Step 1:                  Inception of idea for business Action Item:       Read up on IRR or engage an IP lawyer/ expert. Many business owners feel that because they have come up with an exceptional idea, it belongs to them. It ‘could’ belong to them and that is where engaging an expert comes into play. Reading up on what IP means is a useful first step to understand your rights. However engaging an expert goes a long way in ensuring that any important aspect of your intellectual property has not been overlooked which can cause you massive losses in business, down the line, if left unchecked. Step 2:                  Creation of formula for product and/or production process                                 (if applicable). Action Item:       Apply for Patent Registration Now that you have your idea, the second step will be to create your secret formula for your product. This could be a unique manufacturing or production process, a unique recipe or formula for a medicine. In this case you should seek advice on how to register your patent. If your business does not have a unique formula or manufacturing process, then this step will be skipped. Step 3:                  Creation of trademark for business/ brand Action Item:       Apply for Trademark registration Each business must have a brand name under which it will be selling its… Read More »Business Process & IP