Patents—Pakistan—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Pakistan—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

Patents—Pakistan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Pakistan published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Ali & Associates—Ali Kabir Shah; Hanya Haroon

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

According to section 60 of Patents Ordinance 2000, a patentee may institute a suit in a district court with the required jurisdiction, against any person who makes, sells or uses the patented invention without acquiring the required licence or permission or tries to imitate or counterfeit the patented invention. However, the federal government, under section 16 of the IPO Act 2012, has established IP tribunals that are now fully functional in every province, and all IP cases including patents are to be filed with the tribunal possessing the necessary jurisdiction.

A tribunal has the powers equivalent to that of the District Court and thus has the requisite authority to order provisional measures, inaudita altera parte where appropriate; this relief is available where delay might cause irreparable harm to the rightful holder, or where there is demonstrable risk of evidence being destroyed.

Furthermore, there are administrative measures available to give redress to the aggrieved party such as one provided in the

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