Country Data
| Official Name: | Islamic Republic of Pakistan |
|---|---|
| Capital: | Islamabad |
| Area: | 881,913 sq km |
| Population: | 225,199,937 (2021 estimate) |
| Official Language: | Urdu, English |
| GDP: | US$1.110 trillion (PPP, 2021 estimate) |
| Currency: | Pakistan rupee (PKR) |
| Work Days: | Monday- Friday |
Conventions/ Treaties
- Berne Convention (effective since July 5, 1948)
- WIPO convention (effective since January 6, 1977)
- TRIPS Agreement/ WTO (since January 1, 1995)
- Paris Convention (effective since July 22, 2004)
- Madrid Protocol (effective since May 24, 2021)
National Legislation
- Trade Marks Ordinance, 2001, read with Trade Marks Rules, 2004.
Basic Information
| Creation of rights: | First-to-use jurisdiction (subject to occasional exceptions) |
|---|---|
| Basis for filing: | Intent to use acceptable, prior use also applicable |
| Well-known marks: | Special protection may be available. Nevertheless, local registration of the mark is highly recommended |
| Types of marks: | Trademarks, Service Marks, Collective Marks, and Certification Marks |
| Priority: | 6-month priority claim under the Paris Convention |
| Madrid System: | Available – Pakistan is a member of the Madrid Union |
| Filing system: | Single class (multiple class filing is not available) |
| Classification: | Nice Classification (11th edition) |
| Who can be Applicant: | (1) Individuals; (2) Partnership firms; (3) Corporate entities |
| Examination: | On formal, absolute and relative grounds |
| Publication: | In the Trademark Journal – which is an online publication |
| Opposition period: | 2 months from the date of publication |
| Duration of registration: | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within six months preceding the expiry date |
| Renewal grace period: | 6 months from the date of publication by the Trademark Office regarding non-renewal |
| Use requirement: | A trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 5 consecutive years upon the request of an interested party |
| Registration timeframe (straightforward case): | 18 – 20 months (approximately) |
Search
| Official Search: | Available for word marks and device marks |
|---|---|
| Scope of search: | Includes all applied-for and registered marks |
| Turnaround time: | 15 – 18 working days (approximately) |
Ways to obtain protection
- National application with or without priority claim under the Paris Convention
- Application under the Madrid System
Filing Requirements
New Applications
- Power of Attorney from the applicant, duly notarized.
- A certified copy of the priority document, if priority is claimed.
Renewal of Registration
- Power of Attorney from the trademark owner, duly notarized.
- A copy of certificate of registration of the mark.
Change of Name / Address Recordation
- Power of Attorney stating the new name/ address of the trademark owner, duly notarized.
- Change of Name / Address document, duly notarized.
- A copy of certificate of registration of the mark.
Assignment Recordation
- Power of Attorney from the Assignee, duly notarized.
- Deed of Assignment signed by both the assignor and the assignee, duly notarized.
- A copy of certificate of registration of the mark.
Merger Recordation
- Power of Attorney from the surviving entity, duly notarized.
- Merger document, duly legalized up to the Pakistani Consulate.
- A copy of certificate of registration of the mark.
License Recordation
- Powers of Attorney from the Licensor and the Licensee, duly notarized.
- License agreement signed by both the parties, duly legalized up to the Pakistani Consulate.
- A copy of certificate of registration of the mark.
National Legislation
- Patents Ordinance, 2000, read with Patents Rules, 2003
Ways to obtain patent protection:
- National application with or without priority claim under the Paris Convention
- PCT national phase application
Basic Information
| Claims admissible for: | 1) Process; and 2) Product |
|---|---|
| Novelty requirement: | Absolute |
| Convention priority: | Available (12 months) |
| PCT national phase entry deadline: | 30 months from the date of entry |
| Search: | Possible by title, and name of the patentee |
| Examination: | With respect to form, novelty, inventiveness, industrial applicability, and compliance |
| Publication: | Post-grant publication |
| Opposition period: | 4 months from the date of publication in the Patents Journal |
| Protection term (patent): | 20 years from the filing date and in case of the PCT national phase applications, from the international filing date |
| Annuity payment: | The first annuities are payable after the expiry of the 4th year from the earliest filing date |
| Grace period for late annuity payment: | 6 months with a surcharge |
| Working/ Compulsory License: | If the patent is not fully exploited by the patentee within four years from filing date or 3 years from the date of grant, the patent will be subject to compulsory licensing in accordance with the provisions of the Patent Law |
| Patent grant timeframe (straightforward case): | 3 to 4 years (approximately) |
Filing Requirements
- Power of Attorney from the applicant, duly notarized.
- Patent specification, claims, drawings (if any), and abstract in English.
- Inventors’ endorsement on the reverse of the application form; or a notarized Deed of Assignment from inventor(s) to assignee(s), if the applicant is not the inventor.
- A duly certified copy of priority document, if priority is claimed (not required for PCT national phase applications).
For PCT national phase application in Pakistan, the following items would also be required:
- A copy of International Publication with patent specification, claims, drawings, and abstract in English or with English translation if these are in any other language;
- A copy of International Search Report and Preliminary Examination Report.
National Legislation
- Registered Design Ordinance, 2000.
Ways to obtain protection for design:
- National application with or without priority claim under the Paris Convention
Basic Information
| Types of designs: | (1) Drawings; and (2) models |
|---|---|
| Novelty: | Novelty is a prerequisite for the designs to be afforded registration |
| Multiple figures: | Multiple designs in one application are not admissible |
| Convention priority: | 6-month priority may be claimed. |
| Locarno Classification: | Not applied |
| Examination: | Industrial design applications are subjected to examination as to form and novelty |
| Publication: | Upon receiving official decision for protection, design applications are published in the Patents Journal |
| Opposition: | No provisions. However, any interested party may seek cancellation by filing a petition to the Patent Registrar within 2 years of the registration |
| Protection term: | 30 years from the date of filing. Protection is initially granted for 10 years which may be extended for two further periods of 10 years each |
| Renewal: | Renewals may be sought within six months preceding the expiry of the running protection period |
| Renewal grace period: | 6 months |
| Registration timeframe (straightforward case): | 6 to 8 months (approximately) |
Filing Requirements
- Power of Attorney from the applicant, duly notarized.
- Representations (drawings/ photographs) of the model or design.
- A certified copy of priority document, if priority is claimed.
National Legislation
- Copyright Ordinance, 1962, as amended by the Copyright (Amendment) Ordinance 2000, read with Copyright Rules 1967.
Basic Information
Works protected: The copyright protection under Pakistan Copyright Law is available to original, literary, dramatic, musical and artistic works; cinematographic works; and records – “literary work” including works on humanity, religion, social and physical sciences, tables “compilations and computer programs, that is to say programs recorded on any disc, tape, perforated media or other information storage device, which, if fed into or located in a computer or computer-based equipment is capable of reproducing any information”; “dramatic work” including any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematographic work; “musical work” including any combination of melody and harmony or either of them, printed, reduced to writing or otherwise graphically produced or reproduced; “artistic work” including paintings, sculptures, drawings (including diagrams, maps, charts or plans), engravings or photographs, whether or not any such work possess artistic quality, architectural works of art, and any other work of artistic craftsmanship; “cinematographic work” including any sequence of visual images including video films of every kind, recorded on material of any description (whether translucent or not), whether silent or accompanied by sound, which, if shown (played back, exhibited) conveys the sensation of motion; “records” include any disc, tape, wire, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound track associated with a cinematographic work.
No copyright except as provided in the Copyright Ordinance: As per the Copyright Law, “No person shall be entitled to copyright or any right in any work, whether published or unpublished, otherwise than under and in accordance with the provision of this Ordinance, or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.”
Duration of copyright: Copyright protection term is 50 years, starting from the first day of the year following the death of the author, in addition to the lifetime of the author.
Registration timeframe: 11 months (approximately).
Filing Requirements
Artistic Work
- Power of Attorney, duly notarized.
- 3 copies of Artistic Work.
- NOC/ Affidavit for transfer of copyright from Artist/Creator.
- Undertaking/Affidavit for original creativity of the work.
- Two original Newspaper in which the Artistic Work is advertised.
- Trade Mark number of the Artistic work if it used as a Trade Mark.
Literary Works
- Power of Attorney, duly notarized.
- 2 copies of Literary Work
- Undertaking/Affidavit for original creativity of the work.
- NOC / Assignment of copyright from the copyright owner / writer of the work in favor
- of applicant if any.
Cinematographic work
- Power of Attorney, duly notarized.
- 2 copies of Cinematographic Work in the form of Video VCD/DVD / CD/ USB.
- Undertaking/Affidavit for original creativity of the work.
- NOC for assignment of copyright from the all contributors (performers / singer / lyric writer / musician etc.) of the work.
Record work
- Power of Attorney, duly notarized.
- 2 copies of Records Work in the form of Audio VCD/DVD / CD / USB.
- Undertaking/Affidavit for original creativity of the work.
- NOC for assignment of copyright from the all contributors (performers / singer / lyric writer /
- musician etc.) of the work.
