Intellectual Property Organization of Pakistan

 

I. Background

 

The Intellectual Property Organization of Pakistan (IPO-Pakistan) was established as an autonomous body on April 08, 2005 under the administrative control of the Cabinet Division for integrated and efficient intellectual property management in the country. The Trade Marks Registry, Copyright Office and Patent & Design Office became part of the new Organization under a unified and integrated management. The major functions of the Organization, inter alia, includes:-

- Administer and coordinate all Government systems for protection and strengthening of Intellectual Property (IP);

- Manage all IP offices in the country;

- Create awareness about IP Rights;

- Advise Federal Government on IP Policy;

- Ensure effective enforcement of IP rights through designated IPR Enforcement Agencies (Police, FIA, and Pakistan Customs).

 

II. Relevant Provisions of Concerned Laws:-

 

1. IPO Pakistan Act, 2012:-

The following provisions of the IPO-Pakistan Act 2012 are related to the Enforcement of Intellectual Property Rights:

 

a) Section-13 (xviii) initiate and monitor the enforcement and protection of intellectual property rights through designated law enforcement agencies of the Government, Federal or Provincial and collect related data and information;

 

b)  Section-13 (xx) refer matters and complaints, related to offences under the laws specified in the Schedule, to the concerned law enforcement agencies and authorities as may be necessary for the purposes of this Act;

 

c)  Section-13 (xxi) advice any person, legal or natural, on any matters related to intellectual property rights including compliance, enforcement and infringement thereof;

 

d) Section-37 Authorities to assist and aid the Organization:- All concerned law enforcement agencies and authorities in the Federation and the Provinces shall be under an obligation to provide and render full and complete assistance to the Organization as the Chairman or Director General may deem fit and proper to demand or require for carrying out the purposes of this Act; and

 

e) Extract of Section-16 Establishment of Intellectual Property Tribunals:-Intellectual Property (IP) Tribunals will be established by the Federal Government for speedy disposal of the suits and proceedings pending in any court instituted under Intellectual Property laws. The IP Tribunals shall have jurisdiction on all suits and other civil proceedings regarding infringement of Intellectual Property Laws and shall have exclusive jurisdiction to try any offence under Intellectual Property Laws. Any person aggrieved by the final judgment or order of the IP Tribunal may prefer an Appeal to the High Court having territorial jurisdiction over the IP Tribunal with in thirty days of the final judgment or order of the IP Tribunal.

 

2. Copyright Ordinance, 1962 (amended in 2000); Trademarks Ordinance, 2001; the Patent Ordinance, 2000:-

 

SN

Offence

Status

Punishment (Criminal)

Civil Remedies

1

Copyright

Violation

(Piracy)

Cognizable

and

Non bailable

Offence (Section 66 to 74)

Maximum imprisonment up to 3 years

Fine up to one-hundred thousand rupees

Double Fine on repetition of offence

Available in the form of damages and compensation

2

Trade Mark

Violation

(Counterfeiting)

Non-Cognizable

Offence

(Section 99 to 107)

Maximum imprisonment up to 2 years

Minimum fine Rs. 50,000

Available in the form of damages and compensation

3

Patent

Infringement

Non-Cognizable

Offence (Section 71 to 78)

Internationally, patent violation is not treated as a criminal offence

Available in the form of damages and compensation

Estimated loss

 

3.  Pakistan Penal Code 1860:-

 

Sections 478, 479, 480, 481, 482, 483, 485, 486, 487, 488 and 489 of Pakistan Penal Code are included in the schedule of IPO Act, 2012. These provisions of Pakistan Penal Code are applicable on violation of Trademarks/Merchandize marks (Counterfeiting). 

 

4.  Customs Act, 1969:-

Sections 15, 16, 17 and 156 of Customs Act, 1969 are related to IPR Enforcement. Rules therein are being drafted by the concerned Directorate General of Pakistan Customs.

 

5.  FIA Act, 1974:-

Copyright Ordinance 1962 (Amended in 2000) is included in the Schedule of FIA Act, 1974.

 

6.  Pakistan Electronic Media Regulatory Authority (PEMRA) Act, 2007

Section 20(g) of PEMRA Act, 2007 deals with copyright violations by electronic media.

 

7. Punjab Food Authority Act, 2011

Sections 25 and 26 of Punjab Food Authority Act, 2011 deal with false advertisement and false labeling of counterfeit products.

 

 

III.  Role of IPO-Pakistan:-

 

IPR Enforcement coordination is one of the key functions of the Organization. IPR Enforcement has been meticulously structured at the policy level, supervisory level and operational level

 

2. At the operational level, enforcement coordination has been institutionalized through the Enforcement Coordination Committees, comprising all agencies in the enforcement chain, in Islamabad, Karachi and Lahore. Its membership comprises IPO-Pakistan, FIA, Police, Pakistan Customs, Law Division and PEMRA. Private sector has also been taken into loop at the forum of IPR Enforcement Coordination. Anti-Counterfeit and Infringement Forum (ACIF); Pakistan Industrial Property Rights Association (PIPRA); Federation of Pakistan Chambers of Commerce and Industry (FPCCI) and Overseas Chamber of Commerce and Industry (OICCI) are invited in the meetings of IPR Enforcement Coordination Committees.  

 

3. A top down gradual and selective approach based on special and differential treatment principle of WTO is being followed under which the developed regions like Karachi, Lahore and Islamabad of Pakistan have been prioritized for IPR enforcement. The less developed areas of Pakistan will be focused later. The approach is two pronged; (i) the supply side controls; and (ii) the demand side controls. The enforcement agencies are addressing the supply side of IPR crime by strengthening and sustaining a relentless enforcement drive against counterfeiting and piracy. IPO Pakistan, on its part is addressing the demand side by reinforcing its massive public awareness program under its Public Outreach Initiative.  

 

The four key components of Pakistan’s enforcement model are as follows: 

(i)  Awareness;

(ii)  Affordability;

(iii) Police Raids; and

(iv) Court Convections. 

 

4. IPO-Pakistan’s Enforcement Coordination Initiative has not only developed effective linkages with all the agencies in the enforcement chain but also brought the private sector investigation agencies engaged in detection of IP crime in the enforcement loop. As this initiative is fast developing its synergies, the market space for piracy and counterfeiting has started shrinking with expanding enforcement and deepening IP awareness in the country.

 

5. A separate Directorate under the stewardship of Director (IPR) has been established in Federal Investigation Agency (FIA) to address the issues of Copyright Violations. Pakistan Customs has also established a fully functioning Directorate General for enforcement of IP laws at boarders of the country. IPO-Pakistan is in close collaboration with these offices of Enforcement agencies 

 

IV. Establishment of Anti-Piracy and Anti-Counterfeiting Cells at IPO Pakistan

 

Competent Authority on 21st January, 2015 established Anti-Piracy and Anti-Counterfeiting Cells at Offices of IPO-Pakistan and nominated following officers for coordination with Law Enforcement Agencies to address complaints received from IP Right-holders;

 

 Sr.#

Name of Officer

Designation

Office Address

1

Mr. Muhammad Ismail

Director

IPO-Headquarters: 3rd Floor, NTC Building, G-5/2, Ataturk Avenue (East), Islamabad. Tele. 051-9245892,

Fax. 051-9245874 Email: 

muhammad.ismail@ipo.gov.pk

2

Syed Nasrullah

Deputy Director

Trademark Registry, Plot No. CD-3, Behind KDA Civic Centre, Gulshan-e-Iqbal Block- 14, Karachi.

Tel: +92-21-99230538, Fax: +92-21-99231001

Email: 

syed.nasrullah@ipo.gov.pk

3

Syed Anjum Raza Bukhari

Assistant Director

IPO Regional Office, Lahore

House No: 15, Block E-1, Shahrah-e-Imam Hussain (A.S), Gulberg III, , Lahore
Tel: 042-99231981, Fax: 042-99231984
Email: lahore@ipo.gov.pk  

   

 

V. Revised Notification of IPR Enforcement Coordination Committees

 

IPR Enforcement Coordination Committees are already working effectively at Karachi, Lahore and Islamabad since 2006.  The establishment of regional IPR enforcement coordination committees in 2nd phase has been done in 2017 to enhance enforcement coordination at important cities i.e. Peshawar, Quetta, Gilgit, Multan, Sukkur, Faisalabad and Sialkot. 

 

Composition of IPR Enforcement Coordination Committees

 

Following IPR Enforcement Coordination Committees are functional at Islamabad, Karachi, Lahore. Peshawar, Quetta, Gilgit, Multan, Sukkur, Faisalabad and Sialkot;

 

1.   Composition oftral IPR Enforcement Coordination Committee, Islamabad:-

 

Following is the proposed membership of Central IPR Enforcement Coordination Committee at Islamabad;

1. Chairman IPO-Pakistan (Chairman of the Committee);

2. Director General IPO-Pakistan (Vice Chairman of the Committee);

3. Director General IPR, Federal Board of Revenue (Member);

4. Director Islamabad Zone, Federal Investigation Agency (Member);

5. AIG Operations, Islamabad Police (Member);

6. Director General (Operations), PEMRA (Member);

7.Director (A/HR) IPO-Pakistan (Member);

8. Director/Deputy Director (Enforcement), IPO-Pakistan (Convener).

 

2.  Composition of IPR Enforcement Coordination Committee, Karachi

 

Following is the proposed membership of Regional IPR Enforcement Coordination Committee at Karachi;

1.  Director General, IPO-Pakistan (Chairman of the Committee);

2. Registrar Trademarks, IPO-Pakistan (Member);

3. Director, Directorate of IPR Enforcement, Pakistan Customs (Member);

4. Director, Sindh Zone, Federal Investigation Agency (Member);

5.  DIG Operations, Sindh Police (Member);

6. Regional General Manager (Sindh), PEMRA (Member)

7. Deputy Director (Enforcement), TMR Karachi (Convener). 

 

3.   Composition of PR Enforcement Coordination Committee, Lahore

     

      Following is the proposed membership of Regional IPR Enforcement Coordination Committee at Karachi;

1.  Director General, IPO-Pakistan (Chairman of the Committee);

2.  Director (A/HR), IPO-HQ (Member);

3.  Director, Directorate of IPR Enforcement, Pakistan Customs (Member);

4.  Director IPR, Punjab Zone, Federal Investigation Agency (Member);

5.  DIG Operations, Punjab Police (Member);

6.  Regional General Manager (Punjab), PEMRA (Member);

7.  Assistant Director (Enforcement), IPO Regional Office (Convener). 

 

4. Composition of IPR Enforcement Coordination Committee Peshawar, KPK

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Peshawar, Federal Board of Revenue (Member);

3. Director, Peshawar Zone, Federal Investigation Agency (Member);

4. DIG Operations, KPK Police, Peshawar (Member);

5. Rationing Controller, Food Department, Government of KPK, Peshawar;

6. Additional Secretary (E), Health Department, Government of KPK, Peshawar;

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

 

5. Composition of IPR Enforcement Coordination Committee, Quetta, Baluchistan

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Quetta, Federal Board of Revenue (Member);

3. Director, Quetta Zone, Federal Investigation Agency (Member);

4. DIG Operations, Baluchistan Police, Quetta (Member);

5. Representative of Food Department, Government of Baluchistan, Quetta;

6. Representative of Health Department, Government of Baluchistan, Quetta;

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

6. Composition of IPR Enforcement Coordination Committee, Gilgit

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Gilgit (GB), Federal Board of Revenue (Member);

3. DIG (Operations), GB Police, Gilgit (Member);

4. Deputy Director, Gilgit (GB), Federal Investigation Agency (Member);

5. Representative of Food Department, Government of GB;

6. Representative of Health Department, Government of GB;

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

7. Composition of IPR Enforcement Coordination Committee , Multan

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Multan, Federal Board of Revenue (Member);

3. DIG, Punjab Police, Multan (Member);

4. Deputy Director (Crime), Multan Office, Federal Investigation Agency (Member);

5. District Food Controller, Food Department, Government of Punjab, Multan;

6. Representative of Health Department, Government of Punjab, Multan;

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

 

8. Composition of IPR Enforcement Coordination Committee , Faisalabad

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Faisalabad, Federal Board of Revenue (Member);

3. DIG, Punjab Police, Faisalabad (Member);

4. Deputy Director (Crime), Faisalabad Office, Federal Investigation Agency (Member);

5. District Food Controller, Food Department, Government of Punjab, Faisalabad (Member);

6. Representative of Health Department, Government of Punjab, Faisalabad (Member);

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

 

9. Composition of IPR Enforcement Coordination Committee , Sialkot

 

1. Director/General Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs, Sambrial, Federal Board of Revenue (Member);

3. Additional Director/Deputy Director, Gujranwala Office, Federal Investigation

Agency (Member);

4. SSP/SP, Punjab Police, Sialkot (Member);

5. District Food Controller, Food Department, Government of Punjab, Sialkot;

6. Representative of Health Department, Government of Punjab, Sialkot;

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

 

10. Composition of IPR Enforcement Coordination Committee, Sukkur

 

1. Director General/Executive Director, IPO-Pakistan (Chairman of the Committee);

2. Collector Customs (Hyderabad)/Deputy Collector (Sukkur), Federal Board of Revenue (Member);

3. DIG, Sindh Police, Sukkur (Member);

4. Deputy Director (Crime),Karachi, Federal Investigation Agency (Member);

5. Representative of Food Department, Government of Sindh, Sukkur (Member);

6. Representative of Health Department, Government  of Sindh, Sukkur (Member);

7. Deputy Director/ Assistant Director (Enforcement), IPO-Pakistan (Convener).

 

 

VI.     Meetings of IPR Enforcement Coordination Committees

 

Islamabad

 

- December 28, 2016

- June 10, 2015

 - August 21, 2014

 - March 05, 2014

 - November 07, 2013

 - January 17, 2009

 - May 28, 2007

 - March 10, 2006

 - January 07, 2006

 - September 26, 2005

 

 

Karachi

 

 - July 26, 2017

 - March 17, 2016

 - June 26, 2014

 - October 10, 2012

 - February 2, 2008

 - June 13, 2007

 - April 19, 2007

 


Lahore

 

 - May 02, 2016

 - June 03, 2013

 - July 07, 2011

 - March 22, 2011

 - January 07, 2008

 - April 13, 2007

        

Gilgit

 - October 12, 2017

 

 

VII. Achievements of IPO-Pakistan in terms of IPR Enforcement Coordination:

 

- Pakistan has been removed from US Priority Watch List in the year 2016. USTR moved Pakistan from the Priority Watch List to the Watch List in 2016 with an OCR (Out of Cycle Review) due to the Government of Pakistan’s significant efforts to implement key provisions of the Intellectual Property Organization of Pakistan (IPO-Pakistan) Act of 2012 and the newfound determination with which Pakistan has approached IPR over the past 12 months. Highlights of Pakistan’s recent efforts to address salient IPR challenges include establishing and appointing IP Tribunals at Islamabad, Karachi, and Lahore; establishing a timeline for the amendment of major IPR laws; imminent implementation of the Federal Board of Revenue’s (FBR) IP Enforcement Rules;

 

- Notification of IP Specialized Tribunals under IPO Act, 2012 and appointment of Presiding Officers in Islamabad, Karachi and Lahore;

 

- Functionalization of Anti-Piracy and Anti-Counterfeiting Cells at Offices of IPO-Pakistan (Karachi, Lahore, Islamabad);

 

- Devising IPR Enforcement Rules under Customs Act, 1969;

 

- Developed guidelines for field officers of FIA namely “Copyright Law Enforcement Manual for FIA Officials”;

 

- MOU signed with FBR on October 27, 2015 for sharing IPR data to effectively control border violations through the system of recordation. In the light of this MOU IPO-Pakistan has given access to Pakistan Customs to the Trademark Data. Inaugurated on March 16, 2016.

 

VIII. Training Sessions/Capacity Building of IPR Enforcement Agencies:- 

 

 - Video Conference with USPTO at Customs House Karachi on March 30, 2016;

 

- Training program at DG Customs Training, Islamabad on August 26, 2015;

 

- Training Session at PEMRA HQs, Islamabad on August 25, 2015;

 

- Training Session for field officers of FIA at FIA HQs, Islamabad on June 26, 2014;

 

- Training Session for field officers of FIA at FIA Regional Office, Lahore on June 18, 2014;

 

- A Training session for officials of Pakistan Customs was organized in the Model Customs Collectrorate, Islamabad on April 29, 2014 to build their capacity for actions against counterfeit and Pirated stuff according to laid down laws.

 

- Media Awareness Seminar on Copyright Law Violation and Role of IPR Enforcement Agencies was organized in Islamabad on March 25, 2014 in collaboration with Oxford University Press. This one day training/awareness session was attended by officials of Enforcement Agencies and Media groups from all over the country.

 

- A training session for Enforcement Agencies’ Officials to identify Counterfeit Goods was organized in Islamabad Club, Islamabad on November 19, 2013 in coordination with Pakistan Tobacco Company (PTC). Officials from Pakistan Customs, FIA and Police participated in this training session. Experts from UK conducted training.

 

- IPO Regional Office, Lahore conducted “Training on Enforcement of IPRs through Border Measures on November 12, 2013 for Inspectors of Pakistan Customs” at Directorate of Training (DOT) Allama Iqbal Town, Lahore.

 

- A media awareness workshop on the “Role of Media in Projecting Legitimate Business Practices and Curbing Piracy” was held in Islamabad on September 11, 2013 in collaboration with Anti-Counterfeit and Infringement Forum (ACIF). This high level Workshop was chaired by Information Minister Mr. Parvez Rasheed and attended by officials of Enforcement Agencies and Media groups from all over the country.

 

- IPO-Regional Office, Lahore conducted a training Program for investigation officers of Punjab Police on September 05, 2013 on the subject "Awareness Program of Investigation Officers to Implement Enforcement of IPRs".

 

- One Day session on “IP Laws-An Overview” by IPO-Pakistan in Provincial Judicial Academy, Lahore during 41st Pre-Service Training Course for newly appointed Additional District and Session judges dated  June 12, 2013.

 

- A Training session for officials of Enforcement Agencies was organized in the Directorate General of Customs Research and Training, Islamabad on April 04, 2013 to build their capacity for actions against counterfeit and Pirated stuff according to laid down laws.

 

- Judges colloquium was held in Singapore during September, 2012 in which twenty judges from Pakistan participated for the first time in the history of IPO Pakistan to discuss the role of Judiciary in IPR enforcement.

 

- A Study visit was organized in June, 2012 for capacity building/training of officials from Enforcement Agencies of Pakistan including Federal Investigation Agency (FIA), Provincial Police Departments and Pakistan Customs. This training of trainers was sponsored by World Intellectual Property Organization (WIPO) and organized in United Kingdom.

 

National seminar on enforcement and protection of IPR was held in Convention Centre, Islamabad as part of World IP Day celebration ( April 26, 2012). This occasion was presided over by the then Interior Minister Mr. Rehman Malik and all important stakeholders participated and signed a resolution named as “Islamabad Declaration” in which pledge was made to fight counterfeiting and piracy in the country.

   

IX.  Data of IPR Enforcement Actions by Enforcement Agencies:-

  

FIA RAIDS AGAINST COPYRIGHT VIOLATIONS (Piracy) 

(2012)

SN

Zone

Registered

Challaned

Under Investigation

Under Trial

Convicted

(1)

Islamabad

03

03

--

--

03

(2)

Punjab

08

08

--

08

--

(3)

Sindh

02

02

--

02

--

(4)

KPK

22

19

03

19

--

(5)

Balochistan

--

--

--

--

--

(6)

Total:

35

32

03

29

03

 

 

(2013)

SN

Zone

Registered

Challaned

Under Investigation

Under Trial

Convicted

(1)

Islamabad

05

05

--

04

01

(2)

Punjab

18

03

05

03

--

(3)

Sindh

--

--

--

--

--

(4)

KPK

11

10

01

10

--

(5)

Balochistan

--

--

--

--

--

(6)

Total:

34

18

06

17

01

 

 

  (2015)

Zone

Break of Cases Registered During the year 2015

Court work

Registered

Closed

Transfer

Challaned

Under investigation (pending with zone)

Challand Submitted

Convicted

Acquitted

Cases pending in courts

Islamabad

09

-

-

08

01

08

04

-

04

Punjab

72

-

-

22

50

22

-

-

22

Sindh

26

-

-

15

11

15

-

-

15

KPK

58

-

-

18

40

18

01

01

16

Balochistan

05

-

-

04

01

04

-

-

04

Total:

170

-

-

67

103

67

05

01

61

 

 

IPR Directorate FIA HQs, Islamabad

 

Zone wise Breakup of IPR Cases Registered during the year 2016

 

01-01-2016 to 30-06-2016

Zone

Break of Cases Registered During the year 2016

Court work

Registered

Closed

Transfer

Challaned

Under investigation(pending with zone)

Challand Submitted 2016

Convicted

Acquitted

Cases pending in courts

Islamabad

07

-

-

04

01

04

01

-

03

Punjab

62

-

-

-

31

-

-

-

-

Sindh

08

-

-

-

06

-

-

-

-

KPK

40

-

-

16

05

16

10

-

08

Balochistan

07

-

-

03

-

03

-

-

03

Total:

124

-

-

23

43

23

11

-

14

 

 Comparative Analysis of IPR Enforcement Data 

Year

FIA Raids against Piracy

Border measures by Pakistan Customs

2014-15

117

60

2015-16

177

64

2016-17

187

67

 

CUSTOMS SEIZURE DATA


(2008- 2015)

Sr. No

Year

Seizures of

Pirated Goods

Seizures of

Counterfeit Goods

1

2008

82

13

2

2009

92

14

3

2010

60

13

4

2011

30

15

5

2012

20

05

6

2013

58

----

       

 

 

117 cases of copyright violation registered by Punjab Police, 07 cases by Sindh Police and 03 cases by Islamabad Police

in 2016-17.

 

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