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Pakistan’s Trade Mark Amendments Act 2023: President Arif Alvi gives assent
31 August 2023
On August 11, 2023, Pakistan’s President Arif Alvi gave his assent to the Trade Mark Amendments Act 2023, which amends the Trade Marks Ordinance 2001.
In particular, the Trade Mark Amendment Act 2023 introduces a chapter on “International Registration of Trade Marks” under the Madrid Protocol. Pakistan acceded to the Madrid Protocol on February 24, 2021, and ratified it on May 24, 2021.
The said chapter includes detailed provisions in connection with the processing of applications under the Madrid Protocol, either originating from Pakistan or where Pakistan has been designated.
Sana Shaikh Fikree, Senior Associate, Vellani & Vellani, Karachi
“The chapter provides the much-needed legislative framework for trademark filings under the Madrid System. Additionally, the chapter – particularly under Section 92I – exempts extracts from the international register issued by the International Bureau from any legalization in Pakistan,” said Sana Shaikh Fikree, senior associate at Vellani & Vellani in Karachi.
She added: “The Amendment Act 2023 further broadens the administrative powers of the Intellectual Property Organization of Pakistan (IPO-Pakistan) by empowering IPO-Pakistan to appoint the Registrar of Trade Marks and such other officers as it may deem fit for performing the functions of the Registrar, by notification in the official Gazette. Previously, such powers were vested with the Federal Government.”
Another salient feature is a provision regarding the acceptance and validity of electronic documents as evidence.
The Amendment Act 2023 has also made the IP Tribunal fully functional. References to District Court have been replaced with IP Tribunal. The objective is to bring the provisions of the Trade Marks Ordinance in line with Pakistan’s IPO Act 2012.
The Amendment Act 2023 has not yet been published in the official Gazette.
- Espie Angelica A. de Leon
