WORLD TRADE
ORGANIZATIONIP/C/W/329/Add.2
8 January 2003
(03-0068)
Council for Trade-Related Aspects
for Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Pakistan to questions posed by Australia, the European Communities
and their member States, Japan, Switzerland and the United States
Addendum
By means of a communication from the Permanent Mission of Pakistan, dated
3 December 2002, the Secretariat has received a copy of the following responses to questions posedby the European Communities and their member States, Japan, Switzerland and the United States, as
circulated in documents IP/C/W/320 and Add.2, 322, 315 and Add.1, and 316, respectively.
____________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
To promote public interest, in particular, national security, nutrition or health or the
development of other vital sectors of the economy, Pakistan’s patent legislation contains provisions
on compulsory licensing. (Section 58 of the Patents Ordinance, 2000)  The conditions under which acompulsory licence can be issued comply with Article 31 of the TRIPS Agreement.
In addition, Section 7(4) of the Patents Ordinance 2000 stipulates cases where patents shall
not be granted for reasons of public interest etc. an these provisions are entirely consistent with
Article 27 of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Under section 10 of the Copyright Ordinance, 1962, copyright subsists throughout Pakistan in
original literary works.  The term "literary work " as defined in the Ordinance includes tables,
compilations of data or other material in any form and computer programmes, that is to say,
programmes recorded on any disc, tape, perforated media or other information storage device, whichIP/C/W/329/Add.2
Page 2
if fed into or located in a computer or computer-based equipment is capable of reproducing any
information.  However, entitlement to copyright in compilation of data or other material does not
extend to data or other material itself and is without prejudice to any copyright subsisting in data or
other material, that is to say, the copyright  subsists to the extent of the compilation only.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
On the date of application of the TRIPS Agreement, Pakistan already provided a TRIPS-
consistent term of protection under its Copyright Ordinance, 1962.  In this context the  International
Copyright Order, 1968 read with Section 54 of th e Copyright Ordinance, 1962 extended copyright
protection to foreign works of countries listed in the schedule to the Order as if they were firstpublished in Pakistan and granted protection from that date.  The definition of " work" covers literary,
musical, artistic, dramatic works, cinematographic works and records.
C. TRADEMARKS
11. Please confirm whether or not services are a protectable subject matter in your trademark
law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as
sound, perfumes and containers are protectable.
Under Section 2 (xlvii) of the Trade Marks Ordinance, 2001, the definition of a trademark
includes a service mark and hence service marks are protected under the ordinance.
Under Section 92 of the Trade marks Ordinance,  2001, trade names are protected without the
obligation of filing or registration under the Ordinance whether it forms part of a trade mark or not.
 From the definition of mark under Section 2 (xxiv), sounds and shapes of goods (containers)
are also registerable under the Trade Marks Ordinance, 2001, however, no provisions exist for the
registration of smells and perfumes.
D. GEOGRAPHICAL INDICATIONS
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
The Trade Marks Ordinance 2001 provides protection to goods and services that are the
subject of trade, commerce and manufacture.  Since the Import (Policy and Procedures Order (2000)
prohibits the importation of intoxicants including wines and spirits and the manufacture of such
products is prohibited under the domestic law, special protection to geographical Indications of winesand spirits, therefore, cannot be given.
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for theprotection of undisclosed information. If so, please give the time span.
While protection is accorded to undisclosed information a definite time period is not specified
for such protection.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.IP/C/W/329/Add.2
Page 3
There is no uniform definition of data submitted to governments and governmental agencies.
However, all confidential information submitted to government cannot be disclosed  to unauthorized
persons.
I. ENFORCEMENT
57. Please indicate whether or not your legislation provides for a de minimis imports exception.
The present legislation does not provide for such an exception.
Additional questions
A. COPYRIGHT AND RELATED RIGHTS
1. In the Copyright Ordinance 1962, Section 2 (c) defines " an artistic work" whilst Section 2(p)
defines a "literary work" Would these two definitions, viewed conjunctively, be interpreted in Pakistan
to cover fully the definition of the expression "literary and artistic works" in Article 2(1) of the Berne
Convention for the Protection of Literary and Artistic Works (1971)?
The provisions of Sections 2(c) 2(f) and (p) defining "artistic work"; "book" and "literary
work" respectively, if viewed conjunctively, may be interpreted to fully cover the definition of theexpression literary and artistic works, given in article 2(1) of the Berne Convention.
2. Please advise, with reference to the relevant Section, whether a translation of a "literary
work" is protected by the Copyright Ordinance 1962 as is required by Article 8 of the Berne
Convention.
Section 3(IV) and (VIII) of the Pakistan Copyright Ordinance protects the translation of
literary works as required by Article 8 of the Berne Convention.
3. Please advise, with reference to the particular Section, if a translation of an "artistic work" is
protected by the Copyright Ordinance 1962 as required by Article 8 of the Berne Convention.
The translation of an artistic work is not protected under the law as the same may not have
been conceptualized and comprehended in practical terms.
4. In chapter XI "INTERNATIONAL COPYRIGHT’,  section 53 to 55, of the Copyright
Ordinance 1962, reference is made to notifications/orders by the Federal Government to be published
in the official Gazette.  Please provide copies of such notifications/orders as published.
Copies of Gazette Notification dated 13 March 1968 and 8 June, 2000 issued by the Federal
Government and published in the official gazette are provided herewith as desired.
5. Please advise where in the notifications/orders (if any) by the Federal Government as
aforesaid reference is made to Pakistan’s compliance with Articles 3,4,5,6,15 and 18 of the Berne
Convention.
The above furnished notifications referred to in response to the preceding question number
four (4) comply with articles 3, 4, 5, 6, 15 and 18 of the Berne Convention in substance without
making reference to those Articles.
6. Please advise where in the Copyright Ordinance 1962 reference is made to the protection of
moral rights as envisaged by Article 6 bis of the Berne Convention.IP/C/W/329/Add.2
Page 4
Section 62 of the Copyrights Ordinance, 1962 provides protection of moral rights as
envisaged by Article 6 bis of the Berne Convention under the title "Author’s Special Rights".
B. TRADEMARKS
7. Please indicate where in the Trade Mark Ordinance 2001 provision is made for a
presumption of a likelihood of confusion in the case of  the use of an identical mark to that registered
for identical goods or services as required in  terms of Article 16.1 of the TRIPS Agreement.
It is in sections 39 and 40 of the Trade Marks Ordinance, 2001, that these provisions have
been made.
C. GEOGRAPHICAL INDICATIONS
8. Except for the definition of "geographical indication" in Section 2 (xix) of the Trade Marks
Ordinance 2001, please state where provisions appear in the Trade Mark Ordinance 2001, or
elsewhere, which are in compliance with each of Articles 22.2 through 23.3 of the TRIPS Agreement.
A separate legislation for protection of Geog raphical Indications is under consideration.
D. INDUSTRIAL DESIGNS
9. Please provide details of legislation in Pakistan which include provisions in compliance with
Article 25 and 26 of the TRIPS Agreement.
A separate law namely the "Registered Designs Ordinance 2000" has been promulgated to
comply with Articles 25 and 26 of the TRIPS Agreement.
E. PATENTS
10. Please provide details of legislation in Pakistan which include provisions in compliance with
Articles 27 to 34 of the TRIPS Agreement.
Articles 27 to 34 of the TRIPS Agreement deal with Patents and the Patents Ordinance 2000
complies with these Articles.  More specifically sections 11 to 13 relate to Article 28, section 15
relates to Article 29, section 18 to Articles 30 and 31, Section 46 to Article 32, section 31 to
Article 33.  Finally sections 21, 22 and 30 relate to Article 34 of TRIPS Agreement.
F. LAYOUT – DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
11. Please provide details of legislation in Pakistan which include provisions in compliance with
Articles 35 to 38 of the TRIPS Agreement.
A separate law namely the "Registered Layout Designs of Integrated Circuits Ordinance
2000", has been promulgated to comply with Articles 35 to 38 of the TRIPS Agreement.
G. PROTECTION OF UNDISCLOSED INFORMATION
12. Please provide details of legislation in Pakistan which include provisions in compliance with
Article 39 of the TRIPS Agreement.
Article 39 of the TRIPS Agreement relates to protection of undisclosed information and such
protection is ensured through various legal provisions in the following way:IP/C/W/329/Add.2
Page 5
− Section 18 of the Civil Servants (Conduct) Rules, 1964 requires that no government servant
shall communicate directly or indirectly any official document or information to a
government servant unauthorized to receive it, or to a non-official person, or to the press.
− Wilful communication of information (which a government servant has obtained or has
access to by virtue of his holding an office) to a person unauthorized to receive it, is an
offence under Section 5 of the Official Secrets Act 1923.  Such an offence is punishable with
imprisonment, which may extend up to two years or with fine or both.
− Rules 55 of the Rules of Business, 1973 also prohibit the communication of information
obtained directly or indirectly form official documents or relating to official matter to non-
officials, the press or government servants not authorized to receive it.
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most Favoured
Nation Treatment under the Copyright and Neighbourin g, Rights Law, if any, as permitted in Articles
3 and 4 of the TRIPS Agreement.
No exceptions or exemptions to the National Treatment and Most Favoured Nation Treatment
principles are there under the Copyright Ordinance, 1962.
C. PROTECTION OF UNDISCLOSED INFORMATION
4. If your legislation ensures that undisclosed test or other data submitted by an applicant to theresponsible state agency in the procedure for market authorisation of a pharmaceutical oragricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example, by prohibiting a second  applicant for a similar product from relying on
original data from the first applicant, when applying subsequently for market authorisation for a
similar product, please explain it in detail.  Does the legislation of your country provide exceptions to
this?  Does the legislation of your country set a specific term of protection by the responsible stateagency for undisclosed test or other data of the first applicant?  If yes, please explain such specific
term, in detail, citing the relevant provisions of law.
Pharmaceuticals and agricultural chemicals (pesticides) are required to be registered with the
Ministry of Health prior to their sale within the country.  The protection of undisclosed data or
information submitted to obtain registration is provided through a number of laws:
− Section 18 of the Civil Servants (Conduct) Rules, 1964 requires that no government servant
shall communicate directly or indirectly any official document or information to a
government servant unauthorized to receive it, or to a non-official person, or to the press.
− Wilful communication of information (which a government servant has obtained or has
access to by virtue of his holding an office) to a person unauthorized to receive it, is an
offence under Section 5 of the Official Secrets Act 1923. Such an offence is punishable with
imprisonment which may extend up to two years or with fine or both.IP/C/W/329/Add.2
Page 6
− Rules 55 of the Rules of Business, 1973 also prohibit the communication of information
obtained directly or indirectly form official documents or relating to official matter to non-officials, the press or government servants not authorized to receive it.
Any subsequent applicant would, therefore, not be given access to data or information
submitted by an earlier applicant.
The law does not specify the term of protection.In the context of pharmaceuticals, Rule 13 of the Drug Rules 1940 stipulates that no person
on the staff of the official Laboratory shall disclose to any other person not on the staff any
information relating to the composition of a particular patent or proprietary medicine acquired in the
course of his duties in the Laboratory. Provided that the Director or any other officer authorized by
him in this behalf may with the previous sanction of the Federal Government, disclose any
information so acquired to the extent necessary for the purposes of a prosecution under the Drugs Act.
Under Rule 10 of the Drugs (Federal Inspectors, Federal Drug Laboratory and Federal
Government Analysts) Rules, 1976, except for the purpose of official business or when required by a
Court of Law, an Inspector shall not, without the sanction in writing of his official superior, disclose
to any person any information acquired by him in the course of his official duties.
In addition, under Section 6 of the Patents Ordinance an, employee of the Patent Office is
forbidden to divulge any information available to him by virtue of his office in respect of anyapplication for a patent or a patent granted in Pakistan, except when required or authorized by this
Ordinance, or the Controller or by a Court of Law.
D. ENFORCEMENT
5. Please indicate the remedies which the judicial authorities can order regarding each
intellectual property right provided in the TRIPS Agreement, including injunctions, damages,
expenses, destruction or disposal of infringing goods, materials or implements for their production.
Please explain the criteria and the way of calculation to decide the amount of the damages which
judicial authorities order to the infringer to pay the right  holder.
Please refer to Pakistan’s response to question 5 of the "Checklist of Issues on Enforcement",1
for civil remedies.
For a detail of criminal penalties, please refer to the response to question 21 of the "Checklist
of Issues on Enforcement".
The damages to be paid by the infringer to the right holder are awarded by the court in
accordance with well established principles of reason and justice and keeping in view the particularcircumstances of the case.  The determination of the amount or damages to be paid by the infringer to
the right holder is left to the discretion to the Court.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.
The contents of Article 51 of the Agreement on TRIPS relating to the suspension of release
by Customs Authorities have been appropriately reflected in the Trade Marks Ordinance, 2001 and
                                                     
1 Document IP/N/6/PAK/1.IP/C/W/329/Add.2
Page 7
the Copyright Ordinance, 1962 (as amended in the year 2000).  Under both these Ordinances, the
Custom authorities have been empowered to take action as envisaged under Article 51 of the TRIPS
Agreement.
SWITZERLAND
C. PATENTS
9. What term of protection does your legislation provide for patents, in particular for those filed
before 1995.
The term of a patent granted under the Patents Ordinance, 2000 is twenty years from the date
of filing.  The term for patent filed under the Patent and Designs Act 1911 was 16 year.  However theterm of 20 years would be available for the pending patent applications filed before 1995.
Follow-up questions
A. TRADEMARKS
Ad Response to Question 1:
1. In your answer you indicate that "the registration of a trademark is completed within a
reasonable period of time".  Please indicate how long it takes on average to register a trademark.
On average it takes about 16-18 months to register a trade mark.
C. PATENTS
Ad Response to Question 4:
2. In your answer you mention that patents for the protection of pharmaceutical and
agricultural chemicals will only be granted with effect from 1 January 2005. Article 70.8 of the TRIPS
Agreement requires the provision of the mailbox sy stem in this case.  Please explain how your
legislation has implemented this obligation.
As already mentioned, application for patents for pharmaceutical and agricultural chemical
products are being processed as per a mailbox system set up as per requirements of the TRIPS
Agreement.  The examination of applications will start w.e.f. 1 January 2005 as fresh applications asper provisions of the Patents Ordinance, 2000.
Ad Response to Question 5:
3. In your answer you mention that the grant of the compulsory licence shall exclude both the
conclusion of the contracts by the owner of the patents; the continued exercise by the owner, of the
patent of his rights; or the issuance of a non-voluntary licence"  Please explain how this complies
with Article 31 (d) of the TRIPS Agreement requiring such use as made from a compulsory licence tobe non-exclusive.
Article 31(d) of the TRIPS Agreement requires that use of authorization under a compulsory
licence " shall be non-exclusive".  The stipulations referred to in the question are in fact given in
section 58(6) of the Patents Ordinance 2000 as follows:IP/C/W/329/Add.2
Page 8
The authorization shall both exclude:
(i) the conclusion of licence contracts by the owner of the patent;(ii) the continued exercise, by the owner of the patent, of his rights under section 30; or(iii) the issuance of a non-voluntary licence under section 59.The provisions of section 58(6) referred to above are actually intended to clarify the power of
the Federal Government to issue a compulsory licence, precisely in accordance with the provisions of
Article 31(d) of the TRIPS Agreement.  As per this provision, this power of the Federal Government
will be non-exclusive since despite such a licence and authorization by the Federal Government, a)the patent owner will continue to be able to c onclude licence contracts b) the patent owner will
continue to enjoy his rights of protection under section 30 and c) the Controller Patents will subject to
conditions specified in section 59 will also be able to grant a non voluntary licence.
Ad Response to Question 8:
4. In your answer, you indicate that under Section 48 of the Patents Ordinance, 2000, the
Federal Government may revoke a patent if the patent is being exercised in a manner that is
"mischievous to the state or generally prejudicial to  the public".  Please give examples of exercises of
a patent as envisaged by this provision.
Mischievous to the state or generally prejudicial to the public refers to a patent for an
invention, which in the opinion of the Controller is a mere duplication of known devices or mere
juxtaposition of well-known devices, which function i ndependently of one another.  In certain cases it
is presumed that the process or apparatus which is the outcome of the inventive ingenuity, if used,
would be contrary to law or morality.  Examples of such cases would be an apparatus for gambling,
an appliance for burgling houses or a method for adulterating food and such inventions would beregarded as contrary to law or morality and would not be a proper subject for a patent.
UNITED STATES
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain in detail how the copyright law complies with Article 9 of the TRIPS
Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter
Article under the TRIPS Agreement.
The Copyright Ordinance, 1962 deals with copyright and neighbouring rights and in
accordance with the Berne Convention covers the following subject-matter:
− Literary works, which include works on humanity religion, social and physical sciences,
tables, compilation of data or other material in any form and computer programmes;
− Dramatic works which include any pieces for recitation, choreographic work or entertainment
in a dumb show;
− Musical works;IP/C/W/329/Add.2
Page 9
− Artistic works which include architectural works, paintings, sculptures, drawings (including a
diagram, map, chart, or plan), an engraving or photographs and any other work of artisticcraftsman ship;
− Translations or adaptations of literary, artistic or dramatic works;
− Cinematographic works;
− Records; and
− Broadcasts and performances.
The copyright law in Pakistan protects economic rights and also moral rights of the author
under Section 62 of the Copyright Ordinance.
Economic rights provided under the Copyright Ordinance, 1962 include the right of
reproduction, the right of communication to the public, the right of translation and adaptation, theright to broadcast and the right of rental.  Authors of dramatic and musical works also enjoy the right
of authorizing the performance of their work in  public and the communication of the work to the
public.
Certain fair dealing exceptions are permissible under the law for the purposes of teaching and
instruction, research or private study, reporting current events or judicial proceeding, for the benefit of
a religious, charitable or educational institution etc.
When the Copyrights Ordinance 1962 is read with Copyrights Amendment Ordinance 2000, it
would be apparent that provisions similar to Articles 1 to 21 of the Berne Convention are contained
therein.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail the manner in which the additional protection required for wines
and spirits under Article 23.1 of the TRIPS Agre ement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
The Trade Marks Ordinance 2001 provides protection to goods and services that are the
subject of trade, commerce and manufacture.  Since the Import Policy and Procedures Order (2000)
prohibits the importation, exportation of intoxicants including wines and spirits and the
manufacturing, processing, bottling and transportation of such products, except that for non-Muslims,
is prohibited under the domestic law, special protection to geographical indications of wines and
spirits, therefore, cannot be given.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law, and describe the nature of the protection provided.
Section 5 of the Registered Designs Ordinance, 2000 lays down the procedure for registration
of an industrial design. An application for the registration of an industrial design should be in the
prescribed format and should be filed at the Patent Office in the prescribed manner.  An industrial
design is protectable under the law on disclosure of the apparent features of the article concerned, its
nature of material, excluding the process or method of its production and its working.  Under theIP/C/W/329/Add.2
Page 10
Registered Designs Ordinance, 2000, the term of protection for a registered design is ten years, which
is further extendable by periods of ten years twice.
14. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
The same procedure applies as explained in the response to question no. 15.
F. PATENTS
15. Please describe in detail the way in which the patent law implements Article 27 of the TRIPS
Agreement, indicating any exceptions to patentability provided for, and including details regarding
the protection for micro-organisms and non-biological and microbiological processes and plantvarieties. Please cite to the relevant provisions of law.
Patent applications are entertained for inventions in all fields of technology, relating to
products or processes except in the area of pharmaceutical and agricultural chemical products. Patents
for the protection of pharmaceutical and agricultural chemical products will be granted with effect
from 1 January 2005 under Section 1(3) of Patents Ordinance 2000.
Exclusions to patentability are contained in Section 4 of the Patents Ordinance, which states
that a patent shall not be granted:
(a) for an invention the publication or exploitation of which would be contrary to the public
order or morality, provided that the exploitation shall not be considered to be so contrary
merely because any law prohibits it for the time being in force;
(b) for animals or plants other than micro-organisms and essentially biological process for
the production of animals or plants, but this prohibition shall not apply to micro-
biological processes or products of such processes; and
(c) for diagnostic therapeutic and surgical methods for the treatment of humans or animals.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how your laws provide for the protection of undisclosed information
as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of
law.
Under Section 67 of the Trade Marks Ordinance 2001, the disclosure, acquisition or use by
others of information (fulfilling the criteria contained in Article 39.2 of the TRIPS Agreement)
without the consent of the person lawfully in control of that information, is classified as an act of
unfair competition.  This section further provides that any act of unfair competition is unlawful under
the Ordinance and can be tried before a District Court.
Under Section 6 of the Patents Ordinance, an employee of the Patent Office is forbidden to
divulge any information available to him by virtue of his office in respect of any application for a
patent or a patent granted in Pakistan, except when required or authorized by this Ordinance, or the
Controller or by a Court of Law.
Furthermore, such protections ensured through Section 8 of the Civil Servants (Conduct)
Rules 1964, Section 5 of the official Secrets Act 1923 and Rule5 of the Rules of Business 1973 as
described in detail in response to Question No. 21.IP/C/W/329/Add.2
Page 11
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval and cite to the relevant provisions of law.
Pharmaceuticals and agricultural chemicals (pesticides) are required to be registered with the
Ministry of Health prior to their sale within the country.  The protection of undisclosed data or
information submitted to obtain registration is provided through a number of laws:
− Section 18 of the Civil Servants (Conduct) Rules, 1964 requires that no government servant
shall communicate directly or indirectly any official document or information to agovernment servant unauthorized to receive it, or to a non-official person, or to the press.
− Wilful communication of information (which a government servant has obtained or has
access to by virtue of his holding an office) to a person unauthorized to receive it, is anoffence under Section 5 of the Official Secrets Act 1923.  Such an offence is punishable with
imprisonment, which may extend up to two years or with fine or both.
− Rules 55 of the Rules of Business, 1973 also prohibit the communication of information
obtained directly or indirectly form official documents or relating to official matter to non-
officials, the press or government servants not authorized to receive it.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
Any subsequent applicant would not be given access to data or information submitted by an
earlier applicant to obtain marketing approval of pharmaceutical or agricultural chemical products.
The law does not provide for any specific term of protection.
I. ENFORCEMENT
23. Please describe in detail the manner in which your laws provide for effective action against
infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
I. Civil Action
In any suit for infringement, in addition to provisional and border measures, the courts may
order the following remedies that may act as effective deterrents to infringements of intellectual
property:
Patents
Under section 61 (11) of the Patents Ordinance 2000, the court, in any suit of infringement
has the powers:
(i) to order to desist from infringement;
(ii) to prevent the entry into the channels of  commerce of imported goods that involve the
infringement immediately after custom clearance of such goods;IP/C/W/329/Add.2
Page 12
(iii) to order the infringer to pay to the righ t holder damages adequate to compensate for
the injury he has suffered because of infringement;
(iv) to pay the right holder expenses which may include appropriate attorney’s fee;
(v) in appropriate cases, to order recovery of profits, damages and pre-established
damages even where the infringer did no t knowingly or with reasonable ground to
know, engage in  infringing;
(vi) to order that goods found to be infringing be, without compensation of any sought,
disposed off outside the channels of commerce;
(vii) to order that material and implements the predominant use of which has been in the
creating of infringing goods be, without compensation of any sought, disposed off
outside the channels of commerce in such a manner as to minimize risk of further
infringement, and in considering such orde rs, the need for proportionality between
seriousness of infringement and remedies ordered as well as interests of third partiesshall be taken into account;
(viii) unless this would be out of proportion to the seriousness of infringement, to order
infringer to inform the right holder of the identity of third parties involved in
production and distribution of the infringing goods and of their channels ofcommerce; and
(ix) to order a party at whose request measures were taken and who has abused
enforcement procedure, to provide to a party wrongfully enjoined or restrained,
adequate compensation for injury suffered because of such abuse; and
(x) to order the applicant to pay the defendant expenses, which may include appropriate
attorney’s fee.
Trademarks
Under the Trade Marks Ordinance 2001, all such relief by way of damages, injunctions,
accounts or otherwise is available to the proprietor of a trademark, as is available in respect of theinfringement of any other property right.  Under Section 47 of the Trade Marks Ordinance, 2001 the
court may also order the erasure, removal or obliteration of the offending trademark from the
infringing goods, and the destruction of the infringing goods.  The court may also pass an order that
the infringing goods, material or articles may be delivered up to the proprietor of the trademark.
Copyrights
Under Section 6 of the Copyright Ordinance 1962, in any suit of infringement of copyright,
the owner of copyright is entitled to all such relief by way of injunction, damages, accounts and
otherwise, as are or may be conferred by law for in fringement of a right.  The owner of the copyright
may initiate proceedings for the recovery or conversion of all infringing copies of a work in which
copyright subsists and all plates used or intended to be used for the production of such infringing
copies.
Industrial designs
In a suit for infringement of a registered industrial design, under Section 8 the court may
order recovery of damages and or an injunction against the continuation of the infringement.IP/C/W/329/Add.2
Page 13
Integrated Circuits
In a suit for infringement of a registered layout design of an integrated circuit, under Section
15 the court may grant an injunction to prevent infr ingement or an imminent infringement and may
award damages and grant any other remedy provided for in the relevant law in force.
II. Criminal Action
Under the Copyright Ordinance, 1962 and Pakistan Penal Code, criminal penalties are
available against copyright piracy and trademark counterfeiting:
Copyright
Under Section 66 of the Copyrights Ordinance, any person who knowingly infringes or abets
the infringement of:
(a) the copyright in a work;
(b) the rental rights in cinematographic works and computer programmes:(c) the rights of performers or producers of sound recording; or
(d) any other right conferred by the Ordinance, shall be punishable with imprisonment, which
may extend to three years, or with fine, which may extend to on hundred thousand rupees, or
with both.
− under Section 66-A, any  person who knowingly publishes, or causes to be published, a
collection or compendium of works which have been adapted, translated or modified in anymanner without the authority of the owner of th e copyright in the original works, or who
fraudulently employs a title which tends to mislead the public or create confusion with
another work published earlier, shall be punishable with imprisonment which may extend to
three years, or with fine which may extend to one hundred thousand rupees, or with both.
− under Section 66-B, any person who un-authorizedly makes or distributes counterfeit of
sound recording and cinematographic work for the purpose of business, profit or gain shall be
punishable with imprisonment which may extend to three years, or with fine which may
extend to one hundred thousand rupees, or with both.
− under section 66-C, any  person who for the purpose of business, profit or gain exploits or
appropriates any sound recording or audio-visual work intended for private use, shall bepunishable with imprisonment which may extend to three years, or with fine which may
extend to one hundred thousand Rupees, or with both.
Any person who, without authorization of the copyright owner or his licensee rents out the
original or copies of the cinematographic works or computer programmes, shall be punishable with
imprisonment which may extend to three years or with fine which may extend to one hundred
thousand rupees or with both.
− under section 66-D, any person who produces, or causes to be produced copies or
reproductions in excess of the number authorized by the copyright owner or his successor-in-
title, shall be punishable with imprisonment which may extend to three years, or with fine
which may extend to one hundred thousand rupees, or with both.IP/C/W/329/Add.2
Page 14
Whosoever:-
1. under section 70(1) inserts or affixes the name of any person in or on a work of which that
person is not the author, or in or on a reproduction of such a work, in such a way as to imply
that such person is the author of the work; or
2. publishes, or sells or lets for hire, or by way of trade offers, exposes for sale or hire, or by way
of trade exhibits in public a work in or on which the name of a person has been inserted or
affixed in such a way as to imply that such person is the author of the work, or the publisher
of the work, who to his knowledge is not the author or the publisher, as the case may be, of
such work; or
3. does any of the acts mentioned in clause (2) in relation to or distributes, reproductions of a
work, being reproductions in or on which any person's name has been inserted or affixed in
such a way  as to imply that such person is the author  of the work, who to his knowledge is not
the author of the work, who to his knowledge is  not the author of such work, or performs in
public, or broadcasts the work as being the work of a particular author, who to his knowledge
is not the author of such work;
shall be punishable with imprisonment, which may extend to two years, or with fine, which may
extend to one hundred thousand rupees, or with both.
− under section 70-A, any person who publishes a record or a video film in contravention of the
provisions of section 57A, shall be punishable with imprisonment, which may extend to three
years, or with fine, which may extend to one hundred thousand rupees, or with both.
Under section 73 the Court before which any offence under the Copyright Ordinance is tried
may, whether the alleged offender is convicted or not, order that all copies of the work or plates orrecording equipment in the possession of the alleged offender, which appear to it to be infringing
copies, or plates, or recording equipment used or intended to be used for the purpose of making
infringing copies, be destroyed or delivered to th e owner of the copyright or otherwise dealt with as
the Court may think fit.
Trademarks
Criminal penalties are available under the following provisions of the Pakistan Penal Code:
Section 482. Whoever uses any false trademark or any false property mark shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment of either
description for a term, which may extend to one year, or with fine, or with both.
Section 483. Whoever counterfeits any trademark or property mark used by any other
person shall be punished with imprisonment of either description for a term, which may
extend to two years, or with fine, or with both.
Section 484. Whoever counterfeits any property mark used by public servant, or any mark
used by a public servant to denote that any property has been manufactured by a particular
person or at particular time or place, or that the property is of a particular quality or haspassed through a particular office, or that it is entitled to any exemption or uses as genuine
any such mark knowing the same to be counte rfeit, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.IP/C/W/329/Add.2
Page 15
Section 485. Whoever makes or has in his possession any die, plate or other instrument for
the propose of counterfeiting a trade mark or property mark, or has in his possession a trade
mark or property mark for the purpose of denoting that any goods are the manufacture or
merchandise of a person whose manufacture or me rchandise they are not, or that they belong
to a person to whom they do not belong, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or with fine, or with both.
Section 486. Selling goods marked with a counterfeit trademark or property mark.
Whoever sells, or exposes, or has in possession for sale or any purpose of trade or
manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or
impressed upon the same or to or upon any case, package or other receptacle in which such
goods are contained, shall unless he proves:
(a) that, having taken all reasonable precautions against committing an offence against
this section, he had at the time of the commission of the alleged offence no reason to
suspect the genuineness of the mark, and,
(b) that on demand made by or on behalf of the prosecutor, he gave all the information in
his power with respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently.
Be punished with imprisonment of either description for a term, which may extend to one
year, or with fine or with both.
Section 487. Making a false mark upon any receptacle containing goods.  Whoever makes
an false mark upon any case, package or other receptacle containing goods, in a manner
reasonable calculated to cause any public servant or any other person to believe that such
receptacle contains goods which it does not contai n or that it does contain goods which it does
contain, or that the goods contained in such receptacle are of a nature or quality different from
the real nature or quality thereof, shall unless he proves that he acted without intent to
defraud, be punished with imprisonment of either description for a term which may extend tothree years, or with fine, or with both.
Section 488. Punishment for making use of any such false mark.  Whoever makes use of
any such false mark in any manner prohibited by the last foregoing section shall, unless he
proves that he acted without intent to defraud, be punished as if he had committed an offence
against that section.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production
of evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how your laws or regulations provide this
authorization, citing to the relevant provisions of law or regulation.
Under Section 30 of the Civil Procedure Code, 1908 a court has the power, either on its own
motion or on the application of a party, to make any such orders that may be necessary or reasonablefor the production of documents or objects producible as evidence. Under Section 61 of the Patents
Ordinance 2000, the court has the authority to order prompt and effective provisional measures to
preserve evidence regarding an alleged infringement.IP/C/W/329/Add.2
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J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under your laws that provide for border enforcementat least for trademark counterfeiting and copyright piracy, identifying the competent authority and
citing to the relevant provisions of law or regulation.
Under Section 15 of the Customs Act, 1969 the Customs Authorities can take action in the
following cases:
Prohibitions: No goods specified in the following clauses shall be brought, whether by air or land or
sea, into Pakistan:-
a) goods having applied thereto a counterfeit trade mark within the meaning of the Pakistan
Penal Code (Act XLV of 1860), or a false trade description within the meaning of the
Merchandise Marks Act, 1889 (IV of 1889);
b) goods made or produced outside Pakistan and having applied thereto any name or trade
mark, being or purporting to be the name or trade mark of any manufacturer, dealer, or
trade in Pakistan unless;
c) goods made or produced outside Pakistan and intended for sale, and having applied
thereto, a design in which copyright exists under the Patents and Designs Act, 1911 (II of1911) in respect of the class to which the goods belong or any fraudulent or obvious
imitation of such design except when the application of such design has been made with
the licence or written consent of the registered proprietor of the design.
In the Copyrights Ordinance 1962 under Section 58 the Registrar Copyrights can order border
measures under  and under  65A to 65C customs authorities can initiate border measures. Sections 53to 66 of the Trade Marks Ordinance empower the customs authorities to take border measures.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form of
intellectual property, citing the relevant provisions of law.
Border enforcement measures provided for in various legislations have already been detailed
in response to the preceding question, number 27.
K. CRIMINAL PROCEDURES
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture anddestruction of infringing goods and any materials or implements the predominant use of which has
been the commission of the offence.  Please describe the provisions in the laws of Pakistan thatprovide for such remedies, and describe the circumstances in which those remedies would be
imposed, citing to the relevant provision of law or regulation.
Under the Patents Ordinance 2000 , the court has the power to order that infringing goods or
materials or implements the predominant use of which has been in the creation of infringing goods be
disposed of outside the channels of commerce wit hout any sort of compensation. In considering the
order of disposal of material used in infrin gement, the need for proportionality between the
seriousness of infringement and the remedies ordered as well as the interests of third parties shall be
taken into account.IP/C/W/329/Add.2
Page 17
Under the Trade Marks Ordinance 2001, a court may order the destruction of infringing
goods, materials or articles.  Under Section 51 of the Trade Marks Ordinance, 2001, the proprietor of
a trade mark may also apply to the court for the delivery of such infringing goods, materials or articles
which a person has in his possession, custody or control in the course of business.  Where infringing
goods, materials or article have been delivered in pursuance of an order made under Section 51, anapplication may be made to the court for an order that they may be destroyed or forfeited to such
person as the court may think fit.  In considering what order to make, the court shall consider whether
other remedies available in an action for infringement of the registered trade mark would be adequate
to compensate its proprietor, and any licensee and protect their interest.
An action can also be taken under Section 9 of the Merchandise Marks Act, 1889
Under Section 63 of the Copyright Ordinance, 196 2, all infringing copies and all plates used
or intending to be used for the production of such infringing copies, shall be deemed to be theproperty of the owner of the copyright who may init iate proceedings for their recovery or conversion.
The owner of the copyright shall not be entitled to any remedy in respect of the conversion of the
infringing copies, if the opponent proves that he was not aware that copyright subsisted in the work
and he had reasonable grounds for believing that copyright did not subsist in the work of which such
copies are alleged to be infringing copies, or that he had reasonable ground for believing that suchcopies or plates do not involve infringement of the copyright in any work.
Section 67 of the Copyrights Ordinance sti pulates the penalties for knowingly making or
keeping in possession any plates etc., for the purposes of making infringing copies the penalty being
imprisonment which may extend to two years, or fine which may extend to one hundred thousand
rupees or both.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of
the laws that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
Section 16 of the Registered Layout Designs of Integrated Circuits Ordinance 2000 prescribes
that any person who, without authorization, know ingly performs any act which is unlawful under
section 5, shall be guilty of an offence punishable with imprisonment for a term which may extend to
two years, or with fine which shall not be less than two hundred thousand rupees, or with both.
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