1. Customs record
To help fake
goods from entering the native and international markets, brand proprietors may
execute their rights through Pakistan customs by filing a written complaint
with evidence of their IP registries. Right holders have the option to record
their trademarks and copyrights( provided they're listed with the Pakistani
PTO) with the customs so that the customs officers will observe the IPRs
throughout Pakistan.
Remedies
Fines, seizures, and destruction of fake goods
.
2. Criminal prosecution:
Following market checks for the discovery of
fakes, brand possessors may file criminal complaints through the domestic
police, or The Federal Investigation Agency( FIA).
Action will be taken by a written charge filed
with evidence of ownership of the IPRs. The offense is bedeviled under the
Brand constitution 1962( amended in 2000), the Trademark Ordinance 2001, and the
Penal Laws of Pakistan.
Remedies:
Examinations, anti-counterfeit raids, destruction of fakes, and the arrest
of the infringer. The case will be transferred to the Criminal Court for
further trial under the Criminal Procedure Code of Pakistan.
3. Civil action:
After the conformation
of the Intellectual Property Tribunal in Pakistan under the IPO Act 2012, brand
possessors may seek a remedy by filing a action( civil suit) against the
infringer before the IP Tribunal under the Trademark Ordinance 2001 of Pakistan.
With due evidence of power and/ or use of the
trademark in Pakistan, the Tribunal may issue a restraining order/ temporary
instruction against the defendant( s) not to use the trademark hereafter, and
issue notice IPs to further appear before the Tribunal for the main trial.
Remedies:
After the conclusion of the substantiation, the Tribunal may pass
judgment with a endless instruction, award damages( if claimed by the
complainant) or any other relief it may suppose fit.
From a guru's point of view, we veritably much
drink the establishment of a technical IP Tribunal, which presents
multitudinous advantages
·
Creation of
subject matter experts moxie
·
Effectiveness
of opinions
·
Capability to
produce special court procedures to enhance and speed up the trial
·
effectiveness
and delicacy of decision timber
·
thickness and
pungency of case issues
·
Progressive
and dynamic processing
The Pakistani administration has formerly taken
numerous enterprises to cover IPRs and has fortified this end with colorful
effective ways of contending against the counterfeiting of trademarks. fake particulars
can be averted from entering the original and transnational requests from
Pakistan, especially through the customs authorities or the original law
enforcement agencies.
It's recommended that right possessors and their
IP attorneys or agents work together with the Pakistani authorities to develop
a strategy for efficiently exercising the available means since each case will
present its tricks.
The content of this composition is intended to
give a general companion to the subject matter