Abstract
<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>
Highlights
Trademark is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings
3.1 Civil Procedure Trade Related Aspects of Intellectual Property Rights (TRIPS) provisions dealing with civil procedure of trademark enforcement are articles 42-48 as per which civil procedure is required to be fair and equitable, right of notice must be timely and contains all sufficient details including basis of claim, parties may be represented through independent legal counsels, no compulsory requirement should be for personal appearance of parties and they must be allowed to substantiate their claim and present evidence, ask other party to produce evidence for proving claim of opposite party, right of hearing must be observed, judicial authority is required to pronounce judgment if any party to civil proceedings does not take part in proceedings and voluntarily use delaying tactics, provide mean to identify and protect confidential information
TRIPS provisions dealing with trademark are articles 15-21 and dealing with enforcement of trademark are articles 41-61 as relevant provisions of Paris Convention are articles 6-9
Summary
Name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. Sindh High Court held that legal system is built to protect trademark, trade name or any other similar source identifier including domain name and there is no provision in TRIPS and Paris Convention, and trademark laws of Pakistan dealing with domain name separately. If authorization of International Organization is required for registration of trademark, International Organization can abstain any person to use that trademark in Pakistan through an injunction (Trade Marks Ordinance oof 2001 section # 88 and Malik, 2010). After general analyses of trademark, discussion is moving towards specific analyses of trademark enforcement procedures of Pakistan including: (i) civil procedure, (ii) administrative procedure, (iii) provisional measures, (iv) border measures, and (v) criminal procedure under the light of relevant provisions of TRIPS and Paris Convention. Criminal procedure of trademark enforcement may be adopted by registered trademark owner in Pakistan under relevant provisions of Pakistan Penal Code 1860 and Code of Criminal Procedure 1898
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