Intellectual Property Rights (IPRs) in Pakistan | Landscape, Enforcement and Challenges

In today's innovation-driven economy, intellectual property (IP) stands as one of the most valuable assets for creators, startups, and corporations. Intellectual Property (IP) rights are critical for fostering innovation, protecting creative works, and encouraging economic development. Pakistan, as a signatory to the World Trade Organization’s TRIPS Agreement, has developed a formal legal framework for IP protection. Despite this progress, enforcement of IP rights remains a significant challenge. Weak institutional capacity, low awareness, and outdated mechanisms continue to hinder the full realization of IP protection in the country. Intellectual property law in Pakistan is governed by several key statutes:

• Trademarks Ordinance, 2001
• Patents Ordinance, 2000
• Copyright Ordinance, 1962 (amended 2000)
• Designs Ordinance, 2000
• Geographical Indications (GI) Act, 2020
• Plant Breeders’ Rights Act, 2016

These laws are overseen by the Intellectual Property Organization of Pakistan (IPO-Pakistan), a dedicated regulatory body working under the Cabinet Division to promote IP awareness and streamline registration processes.

Enforcement of IP Rights:

While the legal foundation is in place, enforcement remains a critical area. Enforcement mechanisms include:

1. Civil Procedure: IP holders may seek injunctions, damages, or accounts of profits through civil litigation.
2. Criminal Enforcement: Law enforcement agencies, in collaboration with IPO Enforcement Cells, are empowered to take action against IP crimes such as counterfeiting and piracy.
3. Customs IPR Enforcement: Pakistan Customs is authorized to detain infringing goods at ports under IPR rules, providing a preventive mechanism against illegal imports.

Despite the presence of these mechanisms, practical enforcement is often hindered by delays in litigation, limited awareness, and lack of specialized IP courts; where only a comprehensive legal strategy backed by a professional and dedicated team can make a way out.

Challenges:

1. Weak Enforcement Mechanisms

A major obstacle is the lack of effective enforcement. Although Pakistan has established laws for the protection of copyrights, trademarks, and patents, their practical implementation remains weak. Police and regulatory bodies often lack the resources and training to act decisively on IP infringements, leading to widespread piracy and counterfeiting.

2. Low Public and Business Awareness

A large portion of the public, including small businesses and even startups, remains unaware of the importance and benefits of IP registration. This lack of understanding discourages individuals from registering their innovations and creative works, contributing to a culture of infringement and imitation.

3. Inadequate Judicial Infrastructure

IP cases are handled through general civil courts, which are already burdened with heavy caseloads. The absence of specialized IP tribunals means delays in adjudication and limited consistency in decisions. This discourages IP owners from pursuing legal remedies and weakens overall trust in the system.

4. Underutilization of Patent and Design Protections

While copyright and trademark registrations have seen some growth, patents and industrial designs remain underutilized. Innovators and researchers often lack legal guidance and financial resources to protect their inventions, leading to missed opportunities for commercialization and foreign investment.

5. Digital and E-Commerce Challenges

The rise of digital platforms and online marketplaces has introduced new dimensions to IP infringement. Online piracy, counterfeit product listings, and unauthorized content sharing are rampant. Pakistan's enforcement tools have yet to fully adapt to these digital threats, leaving creators vulnerable.

6. Limited Capacity in Customs Enforcement

Although customs authorities are empowered to prevent the import and export of counterfeit goods, practical enforcement is sporadic. Lack of coordination between IPO-Pakistan and customs officials limits effective border control of IP-infringing products.

7. Regional Disparities and Informal Sector Issues

IP services and enforcement capabilities are heavily concentrated in urban centers like Islamabad, Lahore, and Karachi. In rural and semi-urban areas, infringement remains unchecked, particularly within the informal sector where unregistered brands and pirated materials are commonly used.

Evolving Legal Landscape:

Pakistan’s IP framework is undergoing continuous evolution, such as:

1. 1- Digital Filing and Automation: IPO Pakistan has introduced e-filing for trademarks and patents, reducing procedural delays and promoting accessibility.
2. 2- Geographical Indications Protection: The GI Act, 2020 enables the registration of locally significant products such as Basmati rice, Multani blue pottery, and Sindhi ajrak, enhancing exports and cultural branding.
3. 3- TRIPS Compliance: Pakistan, as a WTO member, is aligning its legal structure with the TRIPS Agreement to promote fair global trade and IP protection.
4. 4- IP and E-Commerce: With the rapid rise in online retail, the need for protecting IP on digital platforms has grown, pushing regulators to adapt enforcement tools accordingly.
5. 5- Startups and Innovation: The growing tech and startup ecosystem is pushing for better protection and commercialization of IP, fostering a more innovation-friendly environment.

Conclusion

Despite having a legal structure aligned with international norms, Pakistan's IP regime faces significant enforcement and operational challenges. To build a robust IP ecosystem, the country must focus on strengthening enforcement agencies, raising public awareness, establishing specialized IP courts, and adapting legal tools for the digital age. Only through such systemic reforms can Pakistan fully leverage its creative and innovative potential on a global scale.

Author: Waqar Ul Hassan (Advocate High Court)