Intellectual Property Law

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

Intellectual Property Rights in 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