defence the project-5 which is highly .pptx

defence

1. Intellectual Property Law Course Name Course Duration 2 months (30 credit hours) Classes Two days a week (after office hours) Saturday and Sunday v Course Content Copyright Trademark Industrial Design Patent Geographical Indication Learning Model Practical training with linking to the law and practical insights of the learning Practice as IP lawyer and IP Consultant LMS supported by practical MCQs One year free mentorship Practical learning based model Benefits Fee - Institute of Corporate and Taxation

2. Practice as IP lawyer and IP Consultant Practical learning based on case studies. To provide students with a basic understanding of intellectual property law and the various forms of intellectual property such as patents, trademarks, copyrights, and trade secrets etc. To help students understand the importance of intellectual property protection for fostering innovation and creativity, and to recognize the economic and societal benefits of intellectual property. To enable students to identify, analyze, and resolve legal issues related to intellectual property disputes and infringement. To familiarize students with the legal requirements and procedures for obtaining and enforcing intellectual property rights, including registration, licensing, and litigation. To provide students with the necessary skills to conduct research and to draft legal documents related to intellectual property. After course assistance in practice for six months (aggregating to almost 1 year) Aim of the Course

3. Institute of Corporate and Taxation (ICT) is registered with: Federal Board of Revenue Securities Exchange Commission of Pakistan Chamber of commerce and Intellectual Property Organization. Trademar Islamabad: Office # 8, 2nd Floor, Mehmood Plaza, Blue Area, Islamabad. Karachi: Office # 408, 4th Floor, Shaheen Center, Zone 7, Clifton, Karachi. About ICT Address Institute of Corporate and Taxation

4. Trainer Profile Hiba-Tur-Rehman Advocate Member of Sindh / Karachi Bar Council More than 6 years of practical experience in the field of IP Laws Served as Senior IP Associate at Hassan Shaikh & Company Worked as Associate at Rehman & Loan Law Firm Worked as Legal Associate at Dawlance

5. Introduction Intellectual Property Law Module 1 Module 5 Design Module 4 Module 2 Trademark Module 3 Copyright Geographical Indication Module 6 Modules of the Course z Patent Features: 1. Field based study of IP Laws and Practical skills based on guidance of IPO Pakistan: 2. Industry-relevant importance. 3. Filings and case studies. 4. Hands-on experience.

6. Introduction to Intellectual Property Module: 1

7. Trademar Module 1: Introduction to Intellectual Property A detailed introduction to Intellectual Propety Concept and differences of Tangible and Intengible Assets Four types of Intellectual Property Trademark Copyright Design Patent Geographical Indication Intellectual property protection prevents unjust exploitation of creators' efforts. Learning Objective 1: Introduction Learning Objective 2: Tangible and Intengible Assets Learning Objective 3: Types of Intellectual Property Learning Objective 4: Types of Intellectual Property

8. Intellectual means involving a person's ability to think and to understand ideas and information What does Intellectual means?

9. Tangible assets are physical objects that can be seen and touched, such as land, equipment, and inventory. Intangible assets are non-physical assets that cannot be seen or touched, such as trademarks, patents, and intellectual property. What is tangible and Intengible assets?

10. Intellectual property encompasses the creations of mind, such as inventions, literary works, designs and symbols. IP rights ae crucial for protecting these intangibles assets. Intellectual Property

11. Intellectual property protection prevents unjust exploitation of creators' efforts. It ensures that individuals and businesses receive fair recognition and reward for their innovations. Essential for societal progress and economic growth. Acts as a catalyst for investment in research and development, fostering innovation. I mportance of Intellectual Property

12. Trademark Copyright Types of Intellectual Property Patent Design

13. Trademark Module: 2

14. Trademar Module 2: Trademarks Ordinance 2001 The Trademark Ordinance 2001 is the governing law that regulates trademarks in Pakistan. This law defines what can be registered as a trademark, the procedure for registration, and the rights and remedies available to trademark owners. Difference between the word mark and logo / stylized mark What can be a trademark What cannot be a trademark Protection of trademark Concepts National and International Registration Process Steps of National Registration Process trade marks which are devoid of any distinctive character (Section 14 (1)(b) by reasons of its being likely to deceive or to cause confusion (Section 14 (3)(a) Learning Objective 1: An Overview Learning Objective 2: Key Indicators of Trademarks Ordinance 2001 Learning Objective 3: Registration Process Learning Objective 4: Objections during Registration

15. Trademar Module 2: Trademarks Ordinance 2001 it is similar to an earlier trade mark and is to be registered for goods or services 'identical with or similar to those for which the earlier trade mark is registered (Section 17 (2)(b) Concepts of Opposition Canellation and Assignment Forms of Opposition Canellation and Assignment Appeal Infringement Civil Remedies of Infringement Criminal Remedies of Infringement Learning Objective 5: Opposition Canellation and Assignment Learning Objective 6: Remedies of Infringement Learning Objective 7: Filing of Trademark with IPO, Pakistan Conclusion

16. A trademark is a symbol, phrase, word, or design that identifies the brand owner of a particular product or service. It helps customers recognize and distinguish the source of the goods or services in the marketplace. Trademarks are protected by intellectual property rights and may or may not be registered Trademark

17. A logo mark protects the brand’s design element Difference between the word mark and logo / stylized mark A word mark protects the brand name

18. Product names and nicknames (for example , both Coca-Cola and Coke are marked) Logo Slogans (like Nike’s “Just Do It”) Color combinations or schemes What can be trademark Business names

19. Any mark that is already in use, or is too similar to a mark already in use Commonly used phrases or messages Direct religious quotes and passages What can not be a trade mark Generic descriptive words

20. Protection of Trademark: Protection only comes after getting your trade mark is with trademark registry. Word wide use: A company will be able to utilize its trademark internationally through WIPO (World Intellectual Property Organization) once it has been registered in several additional nations. Trade mark and the internet: If a trademark is being used in a one country, then it can have its rights in other countries as well because there are some concerns related to trademark in the virtual world. Lack of physical boundaries and globally accessible Concerns related to advertising Concerns related to hyperlink to different websites Trademark

21. Madrid System Hague system Lisbon System InternationalRegisteration Authority Patent Cooperation Treaty It deals with international Registration of Trade Marks It deals with international registration of industrial design It is an international system that help in getting patent registration in different countries simultaneously. It deals with International Registration of Appellations of Origin (AOs) and Geographical Indications (GIs)

22. Trademark Trademark Trademark iii=====Trademark Internationl registration process

23. Office of Orign Trademark Trademark WIPO Contracting Parties Role of the Office of Origin, WIPO and Designated Contracting party An international application cannot be filed directly with WIPO. An application must go through their office of origin, which insures that the information provided in the international application corresponds to the basic mark. If this is the case, the office of orign certifies the application and forwards it to the WIPO The orgnization works as a source between the national and international contracting parties. It will perform a formal check that either your application is formally drafted or not. Payment of proper fees has been done or note all relted details are right or not. These office will give a substantive check to your application and run their personal check and it is not essential that your application will be accepted

24. Meet the attorney Make pre filling research whether your trade mark is already in existence or not File TM-1 Trademark Application If objection raised then remove objection and get it accept for advertisement If objection is not raised then application will be accepted for advertisement Once it is accepted then will be published in trademark journal If there is any opposition from the third party and it is successful then application will be refused for registration. And if the opposition is dismissed then your trademark will be registered and renewal will be required after 10 years. National Registration Process

25. Trademark/ Brand Registration Details Search Report (TM-55): The very 1st Step of Trademark Registration is Search Report (TM-55). In Which a Report is presented by which we come to a conclusion, whether to file a name or not. i.e: If the suggested name is precisely or similarly registered already in the data of IPO then we have to go for a new name. This search report helps us find a unique name for our brand. Procedure Name Required Documents Search Report (TM-55) Brand name (for which the beneficiary wants to file)

26. Search Report Filing (TM-55):

27. Search Report (TM-55):

28. Search Report (TM-55):

29. Trademark/ Brand Registration Details 2. Request Application (TM-01): The second Step is filling Request appliction (TM-01). the selected name if it’s available in the search report data. In this procedure the request application is filed on the behalf of the person or a company. The goods and services is identifed from the WIPO Nice Classification. In Case of Sole Proprietor Procedure Name Required Documents Request Application (TM-01) Brand name, logo, owner name, CNIC pictures (Front & Back), since of use, Business Address, Trading As (If Applicable).

30. Trademark/ Brand Registration Details In Case of Company: Procedure Name Required Documents Request Application (TM -01) Brand name, logo, owner name(s), CNIC pictures (Front & Back of each director), since of use, Business Address, Trading As (Company name), Company Documents (SECP Documents), Managing Director’s Signatures .

31. 2. Request Application (TM-01):

32. Trademark/ Brand Registration Details 3. Acknowledgement Letter: The third step is Acknowledgement Letter. This is a letter in which a TM number is allotted so that the beneficiary can start their activities using the registered brand name. This TM number will be allotted in the final certificate. Procedure Name Required Documents Acknowledgment Letter The Acknowledgment Letter is received within the 15 days working.

33. 3. Acknowledgement Letter:

34. Trademark/ Brand Registration Details 4. Examination: The Fourth step is Examination. The trademark office review the application to ensure it meets all requirements. This examination process may involve checking for conflicts with existing trademarks, assessing the distinctiveness of your mark, and verifying that all necessary information is provided. 5. Show cause Notices: The Fifth step is Show Cause Notice (SCN). During the examination process, if the trademark examiner identifies any issues or objections with the application, such as similarity to existing trademarks, lack of distinctiveness, or failure to meet other legal requirements, they will issue a show cause notice to the applicant. Procedure Name Required Documents Show Cause Notice The reply to show cause notice within two months

35. 5. Show cause Notices:

36. Trademark/ Brand Registration Details 6 . Hearing Notice: The Sixth step is Hearing Notice. The Hearing notice is send by the trademark office to inform the hearing date of the ex-parte before the registrar.

37. Trademark/ Brand Registration Details 7. Ex-Parte Hearing: The Seventh step is ex-parte hearing. The ex-parte hearing is scheduled before the registrar. After considering the arguments and evidence presented during the hearing, the registrar makes a decision on whether to proceed with the registration of the trademark. 7. Advertisement Letter: The Eight step is Advertisement Letter. After acceptance, the trademark office issue a advertisement letter to notify that the mark is being published for inviting opposition.

38. Trademark/ Brand Registration Details 8. Publication: The Eight step is Publication. After acceptance, the trademark application is published in an official gazette or journal. This allows third parties to oppose the registration if they believe the published trademark infringes on their rights. 9. Opposition: The If no opposition is filed within the specified period, your trademark proceeds to registration. Procedure Name Required Documents Opposition The oppostion period is four month

39. Trademark/ Brand Registration Details 10. Registration The last and final step Registration. If there are no objections or if any objections are successfully overcome, the demand note is issued by trademark office for submission of required fee for certificate. The certificate is issued after registration. Procedure Name Required Documents Registration Certificate The trademark is registerd for the period of ten years.

40. Trademark/ Brand Registration Details 11. Reminder Notice The Duration for trademark registeration is ten years. The reminder notice is issued six months before the expiry period to submit fee for renewal.

41. Trademrk Opposition, cancellation and Assignment Aspects Opposition Cancellation Assignment Definition Any third party can file an opposition against a trademark application. Section 28 of the Trademark Ordinances outlines this right.   Cancellation refers to the process of annulling or rectifying a registered trademark. Section 96 of the Trademark Ordinance deals with trademark cancellation.   The transfer of ownership of a trademark to a third party requires an assignment deed and confirmation from both assignee and assignor. Only the registered proprietor can assign a trademark.  

42. Trademrk Opposition, cancellation and Assignment Aspects Opposition Cancellation Assignment Process Use Form TM-5 to file opposition with a fee of 9000. TM-8 is used for collective or certification marks, requiring duplicate filing and a covering letter.   If filed through an attorney, attach a power of attorney.   TM-26 is filed for cancellation with a fee of 2250. TM-6 is filed in reply with a fee of 1500 .   Trademark sold through an assignment deed. File before the registrar, obtaining confirmation from both assignee and assignor. Only the registered proprietor can assign a trademark. In case of the owner's death, heirs file a form to request ownership.  

43. Trademrk Opposition, cancellation and Assignment Aspects Opposition Cancellation Assignment Forms TM-5 (Opponent file this with 9000 fees). TM-6 (Counter statement by the applicant).     TM-26 (Filing for cancellation). TM-6 (Reply to cancellation).   TM-24 (Request for ownership by the assignee) 

44. Trademrk Opposition, cancellation and Assignment Aspects Opposition Cancellation Assignment Appeal Appeals can be filed against high court by the applicant and opponent as well. Detailed orders should be requested before filing an appeal.       Cancellation decisions can also be appealed in front of the high court.

45. Unfair Competition in trademark All acts of such a nature as to create confusion, by any means, with the establishment the good, or the industrial or commercial activities, of a competitor. It also involves false allegations in the course of trade of such a nature as to discredit the establishment of the goods or the industrial or commercial activities, of a competitor.   Acts of Unfair Competition Causing confusion Misleading Discrediting Competitor Disclosure of the secret information Taking advantage of another’s achievements (Free riding) Comparative advertising

46. Trademark Infringement Owner or proprietor of registered Trademark are protected under section 39 ad 40 of the trade marks ordinance 2001 which provide that any person who uses or display the mark of a business, which is similar or identical of the goods or services for which that mark has been registered, such act shall be deemed to be the infringement of the registered trademark under section 40.

47. Remedies for Infringement Reading of the trade mark ordinance 2001 confirms that both civil and criminal remedies are available to owner who is aggrieved of infringement or passing off of trademark. CIVIL REMEDY Different civil Remedies available to proprietor or owner of trademark are provided under, section 46 as follow: Damages Injunctions Rendition of accounts or; Any other remedies which are available to the person having some other property rights. NOTE: In case of infringement, a civil suit will be filed in the relevant area in which infringement has taken place.

48. Remedies for Infringement CRIMINAL REMEDY Cases are filed in intellectual property tribunal in Pakistan. Declaration and Permanent injunction cases will be file in high court. We have a criminal remedy to file a FIR, as this is a non-cognizable offence so that’s why not easily done. Therefore, for that it is required to file 22(A) CRPC petition in relevant district court in which district judge will give order to relevant police station and then an FIR is Forged.

49. Copyright Module: 3

50. Trademar Module 1: Copyright Ordinance 1962 The Copyright Ordinance 1962 is the primary law in Pakistan that governs copyright protection. The main purpose of the Ordinance is to grant protection to original literary, artistic, and musical works, cinematographic films, sound recordings, and broadcasts. Protection is automatically granted to a work once it is created and fixed in a tangible form. Copyright includes: Articstic work Literary work Cinematographic works Record work The ordinance also outlines certain exceptions to copyright protection, such as fair use for the purposes of criticism, review, research, and news reporting Learning Objective 1: An Overview Learning Objective 2: What is included Copyright Learning Objective 3: Exceptions

51. Trademar Module 1: Copyright Ordinance 1962 The ordinance provides for the establishment of a Copyright Board, which is responsible for administering and enforcing the law. The board is empowered to hear disputes related to copyright ownership and infringement, and to grant licenses for the use of copyrighted works. Published works Unpublished works Architectural works Learning Objective 4: Enforcement of Copyright Learning Objective 5: Filing of Copyright with IPO Pakistan Learning Objective 7: Conclusion Learning Objective 5: Conditions for Copyright

52. Copyright Copyright is a legal instrument that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works.  

53. 04 03 02 01 Artistic Work like paintings, Maps, photographs, drawings, Charts, Calligraphies, Sculptures, Architectural Works, Label Designs, Logos, Monograms and other works alike. Cinematographic works which includes movies, audio-visual works, documentaries etc. Literary Work which includes Books, Magazines, Journals, Lectures, Dramas, Novels, Computer programs/Software and compilation of data etc. Record Work which includes movies, audio-visual works, documentaries etc. What is included in the copyright?

54. Copyright grants exclusive rights Copyright grants exclusive rights under this Ordinance, including: Reproduction in any form Publication Public performance Translation or adaptation Use in cinematographic works Broadcasting or communication to the public Making adaptations Entitlement extends to acts performed on any part of the work or its translation or adaptation. Compilation of data or materials entitles copyright in the compilation only, not the data or material itself.

55. Patent Module: 6

56. Trademar Module 3: Patents Ordinance 2000 The Patents Ordinance 2000 is a law that regulates the grant, registration, and enforcement of patents in Pakistan. The law came into force on January 1, 2001, and was amended in 2003, 2004, and 2012. The ordinance replaced the previous Patents and Designs Act, 1911. Patentable Subject Matter: The ordinance provides for the grant of patents for any new and inventive product, process, or improvement thereof in any field of technology, if it is capable of industrial application. Novelty and Inventive Step: To be eligible for a patent, the invention must be novel and involve an inventive step that is not obvious to a person skilled in the relevant field of technology Learning Objective 1: An Overview Learning Objective 2: Key Indicators of Patents Ordinance 2000 Learning Objective 3: Patent Process

57. Trademar Module 3: Patents Ordinance 2000 Opposition to a patent application allows challenges within four months of advertisement of the acceptance of a complete specification on various grounds. A patentee can sue in a District Court against anyone making, selling, or using their patented invention without permission. Learning Objective 4: Opposition and Revocation Learning Objective 5: Remedies for Infringement Learning Objective 5: Filing of Patent with IPO, Pakistan Conclusion

58. Patent A  patent  is grant of exclusive rights for an invention 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.

59. Patent Process

60. Thank You