Intellectual Property Lawyers in Peshawar

Intellectual property law in Pakistan is governed by the Trade Marks Ordinance 2001, Patents Ordinance 2000, Copyright Ordinance 1962, and Industrial Designs Act 2022 . Pakistan has acceded to the Madrid Protocol (2021) and Marrakesh Treaty (2023), aligning with international IP standards . The Intellectual Property Organisation (IPO) of Pakistan serves as the central body responsible for managing and coordinating IP policy and administration .

File an application with the Intellectual Property Organisation (IPO) of Pakistan . The Trade Marks Ordinance 2001 and Trade Marks Rules 2004 regulate registration and prosecution . A trademark is registered for a period of ten years, subject to the payment of annual renewal fees . The registration process includes examination, publication in the Gazette of Pakistan, and opposition proceedings .

A patent is valid for 20 years from the filing date, subject to the payment of annual renewal fees under the Patents Ordinance 2000 . The average time for patent grant is approximately three years, subject to no opposition being filed . The renewal payment is not applicable in the first four years from the filing date or priority date .

IP tribunals were established under the Intellectual Property Organisation of Pakistan Act 2012 to hear IP-related disputes . Peshawar has an Intellectual Property Law Enforcement Court that handles trademark, patent, and copyright matters . The tribunals' presiding officers are high court, district and session court judges, or attorneys who meet the requirements for appointment by virtue of their specialist knowledge of IP law .

There are two remedies for IP infringement: civil proceedings and criminal proceedings . A person whose IP rights have been infringed can sue for damages, claim an injunction, an account of the profits gained by the defendants, and delivery of the infringing articles . Criminal remedies are also available under Sections 66 to 74 of the Copyright Ordinance and the Pakistan Penal Code .

Copyright protection is provided under the Copyright Ordinance 1962 for original literary, dramatic, musical, and artistic works, as well as cinematographic works and records . When a work is created, copyright protection is automatically provided; but in order to enforce such rights, registration is needed . Copyright is protected up to a period of at least 50 years after the death of the copyright holder .

The Industrial Designs Act 2022 was passed to enhance protections for visual designs and align with international standards . It provides for the registration and protection of industrial designs in Pakistan . Under Section 12 of the Copyright Ordinance, industrial designs are expressly excluded from copyright protection and are governed by this Act .

The Intellectual Property Organisation of Pakistan (IPO) serves as the central body responsible for managing and coordinating IP policy and administration . It was established as an autonomous agency in 2005 . While IPO has a coordination role with enforcement of IPRs, responsibilities are shared across other enforcement agencies such as police, customs, the FIA, and IP tribunals .

Pakistan is a signatory to the Paris Convention, Berne Convention, TRIPS Agreement, Madrid Agreement and Protocol, WIPO Copyright Treaty, Rome Convention, and Marrakesh Treaty . Pakistan acceded to the Madrid Protocol (2021) and Marrakesh Treaty (2023), aligning with international IP standards . These treaties are incorporated into domestic legislation through the Trade Marks Ordinance, Patents Ordinance, and Copyright Ordinance .

Top intellectual property lawyers in Peshawar include Advocate Atif Zia Khattak, Advocate Syed Muhammad Ishaq Shah, and Advocate Ahsan Masood Khan. Advocate Atif Zia Khattak is the Founding Partner at Zia Law Firm and specializes in trademarks, patents, copyrights, and IP enforcement . Advocate Syed Muhammad Ishaq Shah is known for his success in trademark enforcement and anti-counterfeiting. Advocate Ahsan Masood Khan has expertise in patent litigation, IP licensing, and technology law at the Peshawar High Court.