Trademark Infringement and Penalties Under Pakistani Law

Trademark Infringement Under the Trade Marks Ordinance 2001

The Trade Marks Ordinance 2001 outlines the legal framework for protecting intellectual property rights in Pakistan, specifically addressing trademark violations.

Infringement of Trade Marks

Sections 39 and 40 of the Ordinance define trademark infringement. Section 39 establishes a registered trademark as the proprietor's personal property. Any unauthorized use of the mark for trade in a manner similar to the registered goods or services constitutes infringement under Section 40. Displaying "registered goods" on packaging serves as a notice of prohibition (Section 41).

Action for Infringement

Section 46 grants the trademark proprietor the right to pursue legal action against infringement.

Remedies for Infringement

Available remedies for trademark infringement include:

• Damages
• Injunctions
• Accounts
• Any other remedies applicable to property rights violations

Jurisdiction

Section 117 designates the District Court as the appropriate venue for trademark infringement lawsuits.

Transitional Provisions

The Fourth Schedule addresses transitional matters, including the handling of trademarks registered under the previous Trade Marks Act of 1940 and pending applications.

Penalties for Trademark Infringement Under the Pakistan Penal Code

The Pakistan Penal Code (PPC) complements the Trade Marks Ordinance by outlining criminal penalties for trademark infringement. Section 478 defines "trademark," Section 779 explains "property mark," Section 480 addresses "false trademark," and Section 481 deals with the use of a "false property mark."

Sections 478 to 489 of the PPC prescribe specific penalties for various trademark-related offenses:

Punishment for Using a False Trademark or Property Mark

Section 482 stipulates punishment for using a false trademark or property mark, which may include:

1. Imprisonment for up to one year
2. Fine
3. Both imprisonment and fine

Punishment for Counterfeiting a Trademark or Property Mark

Section 483 prescribes a punishment of up to two years imprisonment, a fine, or both for counterfeiting a trademark or property mark.

Punishment for Counterfeiting a Mark Used by a Public Servant

Section 484 imposes a more severe penalty of up to three years imprisonment for counterfeiting a mark used by a public servant.

Punishment for Making or Possessing Counterfeiting Instruments

Section 485 prohibits the production or possession of instruments intended for counterfeiting trademarks or property marks, carrying a penalty of up to three years imprisonment, a fine, or both.

Making a False Mark on Goods Containers

Section 487 addresses the act of applying a false mark on a container to deceive the public or authorities. The offender must prove lack of intent to defraud to avoid punishment.

Punishment for Using a False Mark

Section 488 penalizes the use of a false mark as described in Section 487, unless the user can demonstrate good faith.

Punishment for Tampering with a Property Mark

Section 489 prohibits the alteration or removal of a property mark with the intent to cause harm, carrying a penalty of up to one year imprisonment, a fine, or both.