Designs are governed in Pakistan under the Design Ordinance, 2000. No rules are yet framed thereunder, yet the Patents and Designs Rules 1933 are still in effect. The Headquarter of Intellectual Property Office (IPO) is located in Islamabad. However, the Pakistan Patent Office is situated in Karachi where the Registrar of Designs carries out all the necessary work. Designs applications can be submitted at the Patent Office, Karachi or at any of the regional offices.
A design can be registered in Pakistan in respect of any article or the set of articles specified in the application. However, a design shall not be registered unless it is new or original and, in particular, shall not be so registered in respect of any article if it is published anywhere in the world. Designs are not considered new or original if they do not significantly differ from known designs or combination of design features. Nevertheless, for the purposes of novelty, any disclosure to the public of the industrial design shall not be taken into consideration if it occurred within twelve months preceding the filing date or, where applicable, the priority date, of the application and if it was-by-reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title Under section 12 of the Registered Designs Ordinance, 2000, priority date of the basic application can be claimed for registration of a design in respect of which protection has been applied for in a convention country provided the application in Pakistan is made “within six months from the application for protection in that country”. Certified copy of the basic application on which the priority is based is required to be filed with the application or within three months. In the latter case, a request for an extension of time is required to be filed. If the certified copy of the basic application is not in English language, a verified English translation along with an affidavit of the translator will also be required.
Design registration has to be sought and granted by pre-defined classes. The Fourth Schedule to the rules prescribes fourteen classes based on the composition of articles to which the design is sought to be registered.
An application requires five representations of each aspect of the design to be registered in Pakistan. The representations may be drawings or photographs of the design. Photographs should not be of a size less than 5″x4″, especially when the design sought to be registered if some king of a repeated pattern.
In order to secure protection of every aspect of the design, accurate and complete picture of the shape or configuration, pattern or ornament of the article should be reflected in the representation or photographs accompanied with the application. All the aspects of the design should be covered closely. The articles novelty of which lies in their shape or configuration, a perspective view should always be included and where possible, more than one perspective view. Appropriate elevation of the design should also be covered in the presentation or photographs accompanied with the application.
Following information and documents are required for filing a patent application in Pakistan:
The Registrar refers the complete specification and application to the Design Examiner for official examination who examines the application on formal and technical basis and communicates his observations to the applicant in accordance with the prescribed manner. It generally takes Four to Six months from the filing date in Pakistan. After exchange of official reports and responses thereto, the application is accepted if and when the Controller is satisfied.
Term of Designs and renewals
Under section 7(1) of the Registered Designs Ordinance, 2000, the registration of a design shall give to the registered proprietor the registration in the registered design for a period of ten years from the date of registration.
|Class 1||Articles composed wholly of metal or in which metal predominate.|
|Class 2||Books and bookbinding of all materials.|
|Class 3||Articles composed wholly of India rubber, wood, bone, ivory, papier-mâché, celluloid, backlite, or like substances, or of materials in which such substances predominate (except articles included in Class 10).|
|Class 4||Articles composed wholly of glass, earth ware, or porcelains, clay (burnt or baked) or cement or in which such materials predominate.|
|Class 5||Articles composed wholly of paper, cardboard, millboard, or straw-board (except articles included in Class 2, and paper hangings), or in which such materials predominate.|
|Class 6||Articles composed wholly of leather or in which leather predominates, not included in other classes.|
|Class 7||Paper hangings.|
|Class 8||Carpets, rugs and floor coverings in all materials.|
|Class 10||Boots, shoes and the like foot-wear.|
Millinery and wearing apparel (except articles included in Class 10).
Goods not included in other classes.
Printed or woven designs on textile goods (other than checks or stripes).
Printed or woven designs on textile goods being checks or stripes.
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