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.”  See further: In Safdar Hussain v. Mst. Noshi (Nishat) Gillani and others [PLD 2016 Lahore 563].  The State v Muhammad Amin Haroon & Others [2010 PCrLJ 518]
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
Barrister Ahmad Farooq Malik, Partner AFMalik Law. Patents ‘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. A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.’  Any invention is patentable, if it meets the following 3 requirements: Is new/novel and does not form part of the state of the art; Involves an inventive step; and Is capable of industrial application. In Pakistan, patents are applied mainly for products and processes for medicines/pharmaceuticals, industrial machines, electronics. See : In Earth Factor (Pvt) Ltd and 2 others v. Patent Office, IPO Pakistan through Controller and others [2014 CLD 897]  http://www.ipo.gov.pk/patent_faqs, Web accessed 12th April, 2019.  Sections 7, 8 & 9 Patents Ordinance, 2000.
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.
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