By Syed Wahaj Ahmed
Effective protection of intellectual property rights (IPR) is essential for attracting and retaining Foreign Direct Investment (FDI). According to the Overseas Investors Chamber of Commerce and Industry (OICCI) IPR Survey 2023, infringements resulted in a loss of up to Rs800 billion to the national exchequer last year alone. Companies too reported a total loss of 20% of their turnover due to these infringements.” These views were expressed by chief executive (CE) and Secretary General of the OICCI M Abdul Aleem at the launch ceremony of second edition of its IPR Manual ‘Evolution of Intellectual Property Rights in Pakistan: OICCI Perspective (Edition 2)’ on Monday.
Speaking at the event, Chairman of the Intellectual Property Organization of Pakistan (IPOP) Farukh Amil, stated that “Intellectual Property is directly linked to development in numerous ways and is a critical tool for empowerment”. He emphasised the necessity for grassroots awareness of the potential of IP, starting as early as at the school level. “The younger generation absolutely must be in step with global knowledge and standards”.
The objective of the publication is to facilitate a comprehensive understanding of the various aspects of IPR laws in Pakistan for the facilitation of investors and innovators. The manual will benefit foreign and local investors understanding of the IPR regime in Pakistan, providing useful IPR related guidelines for law students and practitioners, regulators and people interested in fostering the culture of innovation and inventions.
Ali and Associates Partner Ali Kabir Shah said, “intellectual property means creation of mind such as land, similarly if you have a brand that’s a property because you can get value out of it. Intellectual property of anything created by the mind and it can be replicated. The chip maker industry which is worth $2 trillion as it designs and manufactures chips how is it protected? It is safeguarded through IP so nobody can copy chip design”.
He said and asked the government and regulatory bodies to constitute better policies so that companies can benefit from policies.
Group Director (Legal and Intellectual Property) Martin Dow Usman Javed Altaf added that, “These infringements also harm consumers, who may be unknowingly purchasing counterfeit or substandard products, posing risks to their health and safety”. He noted that the Intellectual Property Organization of Pakistan (IPOP) must engage with law enforcement agencies (LEAs) to bolster enforcement efforts.
The OICCI members believe that while there is comprehensive IPR legislation in place, there is a need for a more robust enforcement of IPR, where IPOP could play a key role in ensuring that the LEAs ensure strict IPR enforcement.
Besides speedy court trials, harsh penalties are needed to create a deterrent amongst IPR violators. Moreover, it is recommended to improve the IPR capability of LEAs and judiciary and create an awareness in the society using the media effectively.
Executive Director Legal and Company Secretary Unilever Pakistan Aman Ghanchi added that “Effective use of media is crucial to raise mass awareness and protect both customer interests and government revenue streams”.
Innovators and foreign investors give high priority to an effective IPR regime in Pakistan, which is critical for attracting FDI and promoting research and innovation in the economy. The OICCI, in its interactions with ministries, government officials, academia and media, has been actively promoting an IPR-friendly environment and has led the debate on the protection and strict enforcement of the IPR regime.
Its latest publication is an updated edition of similar last publication released in February 2019. OICCI has added two new chapters on ‘Plant Breeders Rights and Geographical Indications’ in this 2023-2024 edition of the OICCI IPR Manual. The Chamber has also updated chapters relating to Trademarks, Patents, Copyrights, Designs and Enforcement of IPR to respect latest developments in these critical areas.
Meanwhile, in the world of fast evolution and innovation, Plant Breeders Rights (PBR), also known as plant variety Rights has protected the rights of researcher-cum-inventor. PBR is an exclusive right that is given by government to the inventor, discoverer or breeder who has developed a new variety of plant. PBR was introduced to safeguard the newly invented products from being produced, reproduced, copied or sold by any other person for certain number of years.
