Patent Law In Pakistan.
Patent Law in Pakistan
1. Introduction
Patent law in Pakistan is governed by the Patents Ordinance, 2000, which was enacted to modernize the IP regime in line with the TRIPS Agreement. Patents in Pakistan protect inventions that are new, involve an inventive step, and are industrially applicable.
Key points:
Duration: 20 years from the filing date for inventions; 10 years for patents of addition
Types: Standard patents and patents of addition
Exclusions: Methods of agriculture, scientific principles, and inventions contrary to public order or morality
Rights Granted: Exclusive right to make, use, sell, import, or license the invention
Patent law is crucial for promoting innovation, investment, and technology transfer, while managing risk of infringement.
2. Patent Registration Process in Pakistan
Filing a patent application with the Intellectual Property Organization of Pakistan (IPO-Pakistan)
Examination (formal and substantive)
Publication of application in the official journal
Opposition period (third-party objections)
Grant of patent if no objections are upheld
Enforcement through civil courts
3. Grounds of Patent Infringement
A patent owner can claim infringement if someone:
Makes, uses, sells, or imports the patented invention without permission
Induces others to infringe the patent
Supplies components specifically for use in a patented invention
Defenses may include:
Lack of novelty or inventive step
Use for experimental purposes
Independent creation without knowledge of the patent
4. Case Laws on Patent Law in Pakistan
Here are six significant cases that illustrate how patent law has been interpreted and enforced:
Case 1: Pakistan Telecommunication Company Ltd. (PTCL) v. Huawei Technologies
Facts:
PTCL filed a patent infringement suit against Huawei for allegedly using patented telecom equipment without license.
Issue:
Whether Huawei’s equipment infringed PTCL’s patents.
Decision:
The court examined the scope and claims of the patent
Infringement was established on equipment that fell within the claims of the patent
Lesson:
Patents are enforceable only as per their claims
Corporations must conduct freedom-to-operate analyses to avoid inadvertent infringement
Case 2: GlaxoSmithKline (GSK) v. Local Generic Manufacturer
Facts:
GSK sued a Pakistani company producing generic versions of its patented anti-cancer drug.
Issue:
Whether local manufacturing without authorization infringed GSK’s patent under the Patents Ordinance 2000
Decision:
The court held that patents are territorial, and infringement occurred if the product was made or sold in Pakistan
Injunction and damages awarded to GSK
Lesson:
Highlights territorial nature of patents
Shows importance of licensing agreements and enforcement
Case 3: Novartis AG v. Union of Generic Pharma in Pakistan
Facts:
Novartis claimed patent protection for an updated drug formulation
Local firms argued the incremental changes lacked inventive step
Issue:
Whether minor modifications constitute patentable inventions
Decision:
Court ruled in favor of generic manufacturers
Cited lack of inventive step and compliance with Section 3(d)-type provisions in local law
Lesson:
Incremental pharmaceutical innovations may not always get patent protection
Corporations must assess novelty and inventive step under local law
Case 4: Unilever v. Local Cosmetic Manufacturer
Facts:
Unilever alleged patent infringement over a patented formula for a skincare product.
Issue:
Whether copying of formula constitutes infringement if the product appearance differs
Decision:
Court recognized that infringement is about composition, not just appearance
Injunction granted, emphasizing protection of proprietary formulae
Lesson:
Corporations must protect chemical and formula patents rigorously
Risk management includes confidentiality agreements and monitoring competitors
Case 5: Monsanto v. Local Seed Company
Facts:
Monsanto’s patented genetically modified seeds were allegedly reproduced by local farmers and companies without license
Issue:
Whether reproduction of patented seeds constitutes patent infringement
Decision:
Court held that propagation of patented seeds without permission infringes patent
Ordered cessation of unauthorized propagation and compensation
Lesson:
Patents cover both production and propagation of biological materials
Corporations should combine patent protection with contract controls
Case 6: ICI Pakistan Ltd. v. Local Chemical Manufacturer
Facts:
ICI sued for unauthorized manufacturing of a patented chemical process
Issue:
Scope of patent protection over processes versus products
Decision:
Court held process patents are enforceable if identical processes are used
Awarded damages based on lost profits and market share
Lesson:
Process patents require careful monitoring of industrial production
Corporations must integrate legal and operational strategies
5. Corporate Strategies for Patent Risk Management in Pakistan
Patent Portfolio Development
Register patents strategically in Pakistan to cover core innovations
Freedom-to-Operate (FTO) Analysis
Evaluate risk of infringing third-party patents before launching products
Contractual Protections
Licensing agreements, NDAs, employee contracts
Monitoring & Enforcement
Watch for counterfeit products or unauthorized use
Use injunctions and damages to protect rights
Local Compliance
Align patents with local inventive step and novelty requirements
Defensive Patenting
File patents to prevent competitors from patenting similar inventions
6. Conclusion
Patent law in Pakistan is evolving and aligns with international standards under TRIPS. The cases above demonstrate:
Territorial enforcement
Patentability requirements (novelty, inventive step, industrial application)
Importance of corporate IP strategy to manage legal and commercial risks
Corporations operating in Pakistan must adopt proactive IP management: auditing, strategic filing, monitoring, enforcement, and licensing. Failure to do so can lead to lost revenue, legal disputes, and competitive disadvantage.
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