We have now entered into an era of new scientific knowledge and innovation that have revolutionalized all other fields
We have now entered into an era of new scientific knowledge and innovation that have revolutionalized all other fields. In today’s world, leading nations are those who encourage individuals to come up with new ideas and exploit knowledge. In other words these nations invest in novelty and originality of ideas and in turn enforce laws to protect these creations. If a country desires to stand up high among all other nations then they must learn how to transform knowledge into an opportunity and then utilize this opportunity to generate revenue and promote social welfare through innovations and creative thinking.
Knowledge and innovative mind set has always been a crucial part of our society and in particular for the development of a better world. Hence it becomes mandatory to protect this pool of knowledge to facilitate others to get benefited from their creation and prohibit others from stealing their ideas and this is why various businesses and enterprises have gained success in a short span of time; which in turn have contributed to improve the way of our living and added quality standards in our day to day activities. Though creativity has been evolving along with the evolution of civilizations; even then the recognition of innovation and its protectability is the core responsibility of every individual.
Inventions are a product of constant struggle, intense research, devotion of time, money and other resources at a considerable cost. Hence an individual who has been the part of such laborious process gets exclusive rights to enjoy a monopoly on all the royalties for a specified period of time. During this period he and others can make use of the existing body of knowledge for future research and invention.
The most valuable yet least protected asset of many businesses and inventors is the intellectual property. Intellectual properties must be guarded in order to prohibit others from making unauthorized use or exploitation of the creation without the permission of its inventor or author.
The term “Intellectual property” was first used in the 19th century while by the 20th century it became widely known throughout the world. Intellectual property is a collection of intangible creations or inventions that are the result of human intellect and extensive research and hard work. This category mainly deals with the following;
Patents: Patent is the part of large body of material termed as intellectual property right that is granted by the government to an inventor so that he can prohibit others from making, selling, offering the article for sell and importing the article in a concerned country over a defined period in exchange of the public disclosure of the invention.
Copyright: Copyright is a legal right formulated by a country that grants the original creator of a work to use and distribute his work for a fixed number of years.
Trademark: Trademark is defined as any design, sign, or an expression that identifies and differentiates the source of the product or the source of the service from others.
Moreover it also includes other forms of rights such as trade secrets, moral right and public rights.
There are several advantages of registering your invention or securing your intellectual property can and some of them are as below:
Help enhance the market value of the business: in such a way that the intellectual property helps generate income for your business when it has been properly licensed. This in turn improves the market value of the product and enables commercialization of the protected property.
Help turn ideas into a profitable asset: Every idea is itself a product of a thought process purely based on originally but even then it worths little. However, IP can help one turn his ideas into commercially successful products and services that can lead to a steady stream of royalties and additional income that can boost your business’ bottom line.
Help market the business product efficiently: Intellectual property plays a vital role in assigning an image to a product as incase of the trademarks and logos that help differentiate our products from others and allow accessibility to the customers.
Enhance export opportunities for your business: Intellectual property can help one gain recognition in the international market. Moreover IP can help one seek franchising agreements with overseas companies, or export your patented products.
Intellectual property right (IPR) is defined as the inventions, ideas or creative expression that have been bestowed the status of property by the law enforcing body in the public interest. IPR provides certain rights to the owner of the property more exclusively the creator of the work That enables an individual get reputability and earn financial benefit from the article they have manufactured using their own intellect.
Hence IPR serves as a powerful tool to fully protect the investment an individual has made in terms of time, money and efforts so that it can in turn aid in the economic development of a country as it promotes healthy competition and encourages industrial development and foster economic growth.
Intellectual property law are the set of principles that awards the inventor, creator, author or the institution certain exclusive rights to produce, reproduce, display the work publically, or permit others to make use of the creation. The main purpose of intellectual property law is to encourage the creation of a large variety of creative articles and then provide economic incentives for the creation. Thus by utilizing these laws; one can fully protect and benefit from their creation.
Management of intellectual property and intellectual property right is a multidimensional task; hence it needs an integrated effort of the local government and law enforcing bodies to collaborate with international organizations to take strict measures for the implementation of the intellectual property laws to promote transparency in all forms of trades and commerce.
Effectual protection of intellectual property in Pakistan has always being a challenging task without the involvement of the legislation that can effectively enforce the trademark, patent and copyright laws in our country. Several endeavors had been made to implement laws related to intellectual property at different stages but Pakistan continues to rank poorly in the international market when it comes to the protection of patents, copyrights and intellectual property right as a whole.
This is the reason why international companies donot prefer investing in Pakistan despite the fact that it has the potential to generate revenue at a steady rate. Multinational companies become the major Victim of the violation of IPR laws as small groups continue to sell products at low cost, design lookalike logos, manufacture poor quality lookalike products and market them under the same brand name. Hence such victims file the violation made in our country but appropriate decisions could not be taken timely which in turn discourages the investor to even consider Pakistan as an ideal state for making investment.
However in 2005 the government of Pakistan established the intellectual property organization as an independent organization under the administrative control of Cabinet Division for integrated and efficient intellectual property management inorder to collaborate with all the intellectual property departments of Pakistan; which includes patent office, copyright office and the trademark registration office inorder to formulate newer strategies to promote quality creative thinking and ensure the adequate protection of all the intellectual properties that have been marketed or those that are now in public domain.
Its vision is: ‘To put Pakistan on the IP map of the world as a responsible country, by promoting and protecting intellectual property rights’. Whereas its mission is: ‘Integrating and upgrading IP infrastructure for improved service delivery, increased public awareness and enhanced enforcement coordination for achieving the goal of being an IP based nation’.
By 25 July 2016, the administrative control of IPO Pakistan was transferred from the cabinet division to the commerce division, whose core objective was to co-ordinate with all the government bodies to strengthen and promote the protection of intellectual property, management of all IP offices in Pakistan, spread awareness among general public and the stakeholders, advising the federal government to make policies in support of IP, and ensure the timely enforcement of IP policies through designated IPR enforcing authorities. IPO Pakistan is now regulated by the Intellectual Property Act 2012. The Intellectual Property Organization (IPO) Pakistan has empowered the Federal Investigation Agency (FIA) to verify and tackle IPR violations. Despite that, the situation is not encouraging as bad governance prevails. The regulatory framework is quite weak where no action is taken against violators. However IPO Pakistan continues to raise awareness at public and government level on issues related to IPR and its violation.
On the other hand Pakistani courts have been taking active measures as they realize the importance IP laws in the economic development of a country. They have been dealing with these issues sternly and with a futuristic approach. Infact the courts of Pakistan were working on the recognition of globalization and promotion of international trade at times when even some develop nations merely begin discussing these issues. But even when laws are available for the protection of different categories of IPR; individuals can proceed by abusing the processes under those laws, hence the administrative system needs to be vigilant inorder to prevent any sort of infringement or violation of the law.
In a nutshell, while intellectual property laws demand the harmonization of all administrative, law making bodies and law enforcing agencies, one must focus on the ground realities according to which the absolute enforcement of the law is impossible, since it is not a single global order; but is rather a patchwork of small groups or order within and between countries where intellectual property laws are enforced to varying degrees. It is the heterogeneity of these zones each of which operates with a fair degree of autonomy that allows global piracy to thrive.