basic concepts of IPR are presented in this presentation.

1. Millions of people toil in the shadow of the law we make, and
much of their livelihood is made possible by the existence of
intellectual property rights. Alex Kozinski
INTRODUCTION TO
INTELLECTUAL PROPERTY
RIGHTS
Presented By
Javaria
Qadir
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2. What is INTELLECTUAL
PROPERTY
It is an Intangible Property
that is the result of Creativity.
 Intangible Property:
Describes something which a
person or corporation can
have ownership of and can
transfer ownership to another
person or Corporation. But its
has no physical substance,
 E.g. brand, identity, or
knowledge.

3. Creativity
Is the ability to
 think/come up with new ideas
 design new innovations
 produce work of art
 novel or unconventional
approach.

4. IPR Requirements
 INNOVATIVE
 DEVELOP THROUGH PROCESS
 INTANGIBLE
IPR GIVES RIGHTS OF…..
 MONOPOLY FOR A SEPCIFIED PERIOD
 ONUS OF PROOF SHIFTS ON THE OTHER PARTY
 PRIMA FACIE PRESUMPTION RAISED IN FAVOUR OF
REGISTRANT.

5. Definition of IP
U/s 2(g) of Intellectual Property Right
Organization of Pakistan Act 2012
It includes a patent, industrial design,
layout-design (topographies) of
integrated circuits, copyright and
related rights and all other ancillary
rights;

6. IP = Real Property
Like Real Property It can be bought,
sold, licensed, exchanged, given away
and the owner can prevent
unauthorized use.

7. WIPO
(World Intellectual Property
Rights)
 Self funding agency by
UN Establish in 1967
 Developing a balance
and accessible
international intellectual
property (IP) system.
 Helps in protecting rights
of creator and owners
 Currently 186 Member
States
 Core tasks
a. Developing international
IP laws and standers.
b. Encouraging the use of
IP for economic
development
c. Promoting a better
understanding of IP
d. Providing a forum for
debate.
TRIPS
(Trade Related Intellectual
Property Right)
 Sets down minimum
standers for many IPR
as applied to all the
member nations of the
WTO.(World Trade
Organization)
 Came in to force on 1st
July 1995
 It has expanded the
scope of the
agreement from
Goods To Service
and also includes
intellectual property.
 TRIPS contains most
of the Berne
Convention rules.
 The Berne Convention
however, does not
contain all of TRIPS
Berne Convention
 International
agreement governing
the Area Of
Copyrights.
 Accepted in Berne,
Switzerland in 1886.
 To recognize the work
or creation of authors
or artist from other
signatory countries in
the way as it
recognizes the work
from authors or artist
from its country.
E.g. French Copyright
Law.

8. IPR According to WIPO
 The convention establishing the World Intellectual Property
Organization (WIPO), concluded in Stockholm on July 14, 1967 (Art.
2(viii) provides that "intellectual property shall include rights
relating to:
1) literary, artistic and scientific works:
2) performances of performing artists, phonograms an
broadcasts;
3) inventions in all fields of human behavior;
4) scientific discoveries;
5) industrial designs;
6) trademarks, service marks, and commercial names
designations;
7) protection against unfair competition and all other rights
resulting from intellectual activity in industrial scientific,

9. Need of IPR
 Encouragement to creativity by ensuring its reward ;
 If there will be no reward for suffering of creativity no
body will ever undertake to bear such intellectual and
physical suffering and troubles in this world.
 Thus, protection of intellectual property rights will
encourage intellectual pursuits and efforts due to
economic benefits and social recognition.

10. Nature of IP
 Essentially Negative Rights to stop others from copying or
counterfeiting;
a)In patents, being first with an invention pre- empts any right
of another making same invention independently.
b) In copyrights ,the right is diluted as right is over the form of
expression and not over idea.
 IPR’s being statutory rights are Legally Enforceable.
 They are Territorial In Nature; any intellectual property issued
should be resolved by national laws.

11.  Giving an Exclusive Right to the owner.
 Assignable
Intellectual property can be bought, sold, or licensed or hired or attached.
 Independence
Different intellectual property rights subsist in the same kind of object. Most
intellectual property rights are likely to be embodied in objects.
 Subject to Public Policy
They are vulnerable to the deep embodiment of public policy. Intellectual
property attempts to preserve and find adequate reconciliation between two
competing interests. On the one hand, the intellectual property rights
holders require adequate remuneration and on the other hand, consumers
try to consume works without much inconvenience.
 Divisible (Fragmentation)
Several persons may have legally protected interests evolved from a single
original work without affecting the interest of other right holders on that
same item. Because of the nature of indivisibility, intellectual property is an
inexhaustible resource. This nature of intellectual property derives from
intellectual property’s territorial nature. For example, an inventor who
registered his invention in Pakistan can use the patent himself in Pakistan
and License it in Germany and assign it in France. Also, copyright is made
up of different rights. Those rights may be divided into different persons:
publishers, adaptors, translators, etc.
.
Cont.…

12. Objectives of IP
 To protect the rights of the Author, innovators,
inventors, research sponsors and the public;
 To eliminate the infringement, improper exploitation
 To optimize the environment and incentives for
research and for the creation of new knowledge;
 To promote creativity and innovation
 To ensure fair and equitable distribution of all benefits
accruing from all innovations and inventions.

13. Positive Impacts
• Encourage individual to
innovation
• Secure individuals’ IP
• Promote individuals’
ability, works and
profile.
• Helping the monopoly
business
• Ensuring long term and
maximum profits.
• Maintaining quality
• Ensure original
products
• Helping to identify the
desired sources
Negative Impacts
• Cause of high price
• Affecting higher
education of least
develop courtiers
• Affecting the
technological and
medical development
of LDCs.
• Centralizing new
innovation.
Impacts of IPR

15. Source of IP laws
 At the time of partition, the laws relating to IP which were in force
in the country at that time continued to remained in force in
Pakistan. These laws included the ,
 Patent Act 1911
 Trademark Act 1940
 Copy right act 1914
 The first two enactments with some amendments remain intact
in the country till 2000 but the copyright Act has been supersede
and replaced by the Copyright Ordinance 1962.

16. IP laws in Pakistan
Trademark Ordinance
2001
Trademark Rules 2004.
Copyright Ordinance
1962
Copyright Rules 1967
Patent Ordinance 2000
Patent Rules 2003
Registered Industrial
Design Ordinance 2000

17. One great Benefit
 When you start a business, you may not consider your
business name or logo to be of great value. You may
think the “Branding” is only of interest to larger
organizations. But from your first day of trading your
distinct branding helps to establish your reputation in
the market place and permote customers recognition
of your products and services.
 Over time your branding become a business asset
that may substantially increase the value of your
business.

18. Significance of IPR for
Business Management
 Enhancing business profits.
 Strategic business planning.
 Preventing infringement.
 Global partner identification.
 100% benefits of R&D at zero cost.

19. Useful for Pharmacy
Industry
 Prevent duplication of work.
 Help researchers to focus on commercially relevant
research.
 Prevent exploitation of work.
 Important source of technical information.
 Stimulate creativity.
 Help in identification of career opportunities.
 Prevent infringements.

20. First recognized in
Paris Convention
1883
First recognized
In Berne Convention
1886

21. Major Types Of IP
Purely
Artistic Work
Copyright
A Symbol, logo,
word, sound, color,
design, etc.
Trademark
Functional &
technical
invention
Patent

22. Trademark

23. Different Types Of Trademark

24. Patent
A patent describes an invention for which the inventor
claims the exclusive right.
 Invention Patentable if….
 New
 Not obvious
 Pertains to patentable
 Subject matter

25. Youngest Patent-holder
Wheelchair bound nine-year old boy
has invented a game of Six Player
Circular Chess.
The boy Hridayeshwar Singh Bhati
has got the games design patented
in his name.

26. Industrial Design
An industrial design right is an Intellectual property right
that protects the visual design of objects that are not
purely utilitarian
The pre-requisites for a design to qualify for
protection are as follows:
 It should be Novel And Original
 It should be Applicable To a Functional Article
 It should be visible on a Finished Article
 It should be Non-Obvious
 There should be No Prior Publication or Disclosure of
The Design

27. Geographical Indications
Name or sign used on goods
originating from specific
geographical origin or location
and possess qualities, reputation
or characteristics that are
essentially attributable to that
place of origin.
e.g. Basmati Rice, Paithani
Saris, Darjeeling Tea.

28. Objectives
 Customers must not be misled
 Marking must not be misled
 No dilution
 Economic prosperity
Protection Mechanism in Pakistan
it can be protected as collective mark under Trademark
Ordinance 2001.

29. Copyright
It covers literary works (such as
novels, poems and plays),films,
music, artistic works
(e.g., drawings, paintings,
photographs and sculptures) and
architectural design.
Rights Related To
Copyright
Include those of performing
artists in their
performances, producers of
phonograms in their
recordings, and
broadcasters in their radio
and television programs.
COPYRIGHT AND RELATED RIGHTS

30. What is Covered by Copyright?

31. What is not protected by
copyright
 Ideas
 Facts
 Recipes
 Name lacking originality (phone book)
 Name, titles or short phrases.

32. What constitute
Infringement
 Any reproduction, use, distribution,
performance, etc. of the work without
the permission of the owner.
 An identical or substantial similar
reproduction is also covered.
 Infringement-Damages- Injunction

33. Remedies
 A suit can lie in the district or High Court.
 It may issue an injunction either to
prevent the infringer from any further use
& reward damages to the Owner or will
pay the owner royalties for further use.

34. IP overview
 Copyrights- Protect create expression
 Patent- Protect new, non obvious inventions and
some designs.
 Trademark- protect your brand
 Trade secret – protect ideas, methods, formulas, if
kept confidential.

35. Thank you for your kind observation………
You can ask any questions
related to the topic