Pakistan

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)
  • Trademark
  • Patent
  • Industrial Design
  • Copyright
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
  1. Power of Attorney from the applicant, duly notarized.
  2. A certified copy of the priority document, if priority is claimed.
Renewal of Registration
  1. Power of Attorney from the trademark owner, duly notarized.
  2. A copy of certificate of registration of the mark.
Change of Name / Address Recordation
  1. Power of Attorney stating the new name/ address of the trademark owner, duly notarized.
  2. Change of Name / Address document, duly notarized.
  3. A copy of certificate of registration of the mark.
Assignment Recordation
  1. Power of Attorney from the Assignee, duly notarized.
  2. Deed of Assignment signed by both the assignor and the assignee, duly notarized.
  3. A copy of certificate of registration of the mark.
Merger Recordation
  1. Power of Attorney from the surviving entity, duly notarized.
  2. Merger document, duly legalized up to the Pakistani Consulate.
  3. A copy of certificate of registration of the mark.
License Recordation
  1. Powers of Attorney from the Licensor and the Licensee, duly notarized.
  2. License agreement signed by both the parties, duly legalized up to the Pakistani Consulate.
  3. A copy of certificate of registration of the mark.
National Legislation
  • Patents Ordinance, 2000, read with Patents Rules, 2003
Ways to obtain patent protection:
  1. National application with or without priority claim under the Paris Convention
  2. 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
  1. Power of Attorney from the applicant, duly notarized.
  2. Patent specification, claims, drawings (if any), and abstract in English.
  3. 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.
  4. 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:

  1. 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;
  2. A copy of International Search Report and Preliminary Examination Report.
National Legislation
  • Registered Design Ordinance, 2000.
Ways to obtain protection for design:
  1. 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
  1. Power of Attorney from the applicant, duly notarized.
  2. Representations (drawings/ photographs) of the model or design.
  3. 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
  1. Power of Attorney, duly notarized.
  2. 3 copies of Artistic Work.
  3. NOC/ Affidavit for transfer of copyright from Artist/Creator.
  4. Undertaking/Affidavit for original creativity of the work.
  5. Two original Newspaper in which the Artistic Work is advertised.
  6. Trade Mark number of the Artistic work if it used as a Trade Mark.
Literary Works
  1. Power of Attorney, duly notarized.
  2. 2 copies of Literary Work
  3. Undertaking/Affidavit for original creativity of the work.
  4. NOC / Assignment of copyright from the copyright owner / writer of the work in favor
  5. of applicant if any.
Cinematographic work
  1. Power of Attorney, duly notarized.
  2. 2 copies of Cinematographic Work in the form of Video VCD/DVD / CD/ USB.
  3. Undertaking/Affidavit for original creativity of the work.
  4. NOC for assignment of copyright from the all contributors (performers / singer / lyric writer / musician etc.) of the work.
Record work
  1. Power of Attorney, duly notarized.
  2. 2 copies of Records Work in the form of Audio VCD/DVD / CD / USB.
  3. Undertaking/Affidavit for original creativity of the work.
  4. NOC for assignment of copyright from the all contributors (performers / singer / lyric writer /
  5. musician etc.) of the work.

Consult with a legal expert now!