INTELLECTUAL PROPERTY RIGHTS

Group Members
Iqra
Qirat Rais
Saad Naeem
INTELLECTUAL PROPERTY RIGHTS IN PAKISTAN
Faculty
Mam, Urooj Istaqlall
 Anything that is owned by a person or entity.
 Corporeal Property:

 Corporeal property is the right of ownership in material things. It

is property that can be seen and handled.

 For example, real estate or personal property having a tangible form and
structure, like a building, equipment or vehicle.
 Incorporeal Property :

• A property or an asset that does not have value in material

form or Intangible Property.

• Something which a person or corporation can have ownership

of and can transfer ownership to another person or
corporation.

• E.g. brand identity or knowledge/intellectual property.

• Intellectual property (IP) refers to creations of the mind,
such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
 Intellectual Property Rights are like any other property right. They allow
creators, or owners of patents, trademarks or copyrighted works to benefit
from their own work or investment in a creation. These rights are outlined in
Article 27 of the Universal Declaration of Human Rights, which provides for the
right to benefit from the protection of moral and material interests resulting
from authorship of scientific, literary or artistic productions.

 Basically intellectual property rights are designed to provide remedies against

those who steal the fruits of another person’s ideas or work. For example if a
person writes a computer program, he will be able to take legal actions to
obtain an injunction against anyone who copies the program without his
permission.
What are IPRs?
 The exclusive right granted by State, to prevent others from using,
manufacturing, distributing - inventions, processes, applications, new
and original designs, trademarks, data bases, artistic and literary
works”. Such person is known as ‘rights owner’ or ‘rights holder.
The moral basis for protection of Intellectual Property finds its mention in
the Holy Quran (Sura Al-Baqara, Versus 186):

“Do not usurp one another’s property by

unjust means, nor bribe with it the judges in order that
you may knowingly and wrongfully deprive others of
a part of their possessions”.
 All Intellectual Properties are intangible properties.
They conform to the word, “Maal” –anything having money
value- the definition given by Imam Shafi
and accepted by Malikies and Hamblies. (PLD 1983 FSC 125).
 The law does not permit one to appropriate for
himself what has been produced by the labor, skill and capital of
another. This is the very foundation and
philosophy of Intellectual Property laws. (Intellectual theft).
 Common types of intellectual property rights include:

o Patents
o Copyrights
o Industrial Design Rights
o Trademarks
o Geographical Indication
Patents:
• A patent is an exclusive right granted for an invention. Its a product or
process that provides a new way of doing something, or that offers a
new technical solution to a problem.

• A patent provides patent owners with protection for their inventions.

Protection is granted for a limited period, generally 20 years.

• Patents provide incentives to individuals by recognizing their creativity

and offering the possibility of material reward for their marketable
inventions. These incentives encourage innovation, which in turn
enhances the quality of human life.
Patents:
• A patent owner has the right to decide who may or may not use the patented
invention for the period during which it is protected. Patent owners may give
5 permission to, or license, other parties to use their inventions on mutually
agreed terms. Owners may also sell their invention rights to someone else,
who then becomes the new owner of the patent. Once a patent expires,
protection ends and the invention enters the public domain. This is also
known as becoming off patent, meaning the owner no longer holds exclusive
rights to the invention, and it becomes available for commercial exploitation
by others.

• E.g. inventions like a new form of airplane engine, a floor cleaner, etc.
 Copyrights:
•Copyright laws grant authors, artists and other creators protection for their literary
and artistic creations, generally referred to as “works”.

•Copyright and related rights protection is an essential component in fostering

human creativity and innovation. Giving authors, artists and creators incentives in
the form of recognition and fair economic reward increases their activity. By
ensuring the existence and enforceability of rights, individuals and companies can
more easily invest in the creation, development and global dissemination of their
works. This, in turn, helps to increase access to and enhance the enjoyment of
culture, knowledge and entertainment the world over and also stimulates
economic and social development.
15
Industrial Design Right
• An industrial design refers to the ornamental or aesthetic aspects of an article.
A design may consist of three-dimensional features, such as the shape or surface
of an article, or two- dimensional features, such as patterns, lines or color.

• An industrial designs are applied to a wide variety of industrial products and

handicrafts:From technical and medical instruments to watches, jwelry and other
luxury items; from house wares and electrical appliances to vehicles and
archetectural structures.

• Example Textile industry Print rights in Pakistan

 Trademarks:
• A trademark is a sign capable of distinguishing the goods or services
of one enterprise from those of other enterprises.

• A trademark helps consumers to identify and choose between

products/services based on their reputation and quality.

• Trademark protection ensures that the owners of marks have the

exclusive right to use them to identify goods or services, or to
authorize others to use them in return for payment.

• trademarks, merchandise marks, service marks, commercial names

and designations like logos, brand , or company name such as Toyota.
Why Registration of Trademark is Important?
• Protects your business name and gives remedy in the court in case of any
infringement

• A sound name in the market in the eye of a general public

• Creates a face value among competitors

• Gives a legal recognition to your business

• ‘Monopoly’ business name or brand name

 Geographical Indication:
• A geographical indication is a sign used on goods that have a specific
geographical origin and possess qualities or a reputation due to that place of
origin.

• Most commonly, a geographical indication consists of the name of the place

of origin of the goods.

• Agricultural products typically have qualities that derive from their place of
production and are influenced by specific local geographical factors, such as
climate and soil.
 Protect the owner – both his person and business

 Protect consumers and public interest

 Lead to improvement of quality of life

 Lead to increased tax revenue generation for government.

 Legal protection of new creations encourages the commitment of
additional resources for further innovation.

 Promotion and protection of intellectual property spurs economic growth,

creates new jobs and industries, and enhances the quality and enjoyment
of life.

 Strike a balance between the interests of innovators and the public

interest, providing an environment in which creativity and invention can
flourish, for the benefit of all.
 Intellectual property rights reward creativity and human endeavor, which
fuel the progress of humankind.

 Understanding the country’s IP Rights and following the best practices can
drastically reduce the risk of losing the company’s intellectual property.

 Pakistan government has initiated various steps towards Intellectual

Properties Rights Protection.
Thank You