1. MGT601 SME MANAGEMENT

2. Lesson 41
Pakistan & WTO – I

3. Chapter Learning Objectives
This lecture deals with
Trade Related aspects of Intellectual Property Rights (TRIPS)
General enforcement obligations under TRIPS
In Pakistan, five laws/amendments

4. Trade Related aspects of Intellectual Property Rights (TRIPS)
As a member of the WTO, Pakistan is committed to fulfilling TRIPs obligations.
Copyrights piracy is considered very high, affecting imported computer software, videos, films and textile designs.
Pakistan like developing countries was given deadline of January1, 2000 (i.e. five year period) to bring into conformity with the WTO commitment.
List copyrights laws etc. Pakistan is not yet fully ready to implement its commitment.

5. Copyrights Amendments Ordinance, 2000.
In Pakistan, five laws/amendments have been promulgated, to provide IPO under WTO standards.
Patents Ordinance, 2002
Trademarks Ordinance, 2001
Copyrights Amendments Ordinance, 2000.
Industrial Designs Ordinance, 2000.
Registration of Layout Designs of Integrated Circuits Ordinance, 2000.

6. General enforcement obligations under TRIPS
Pakistan IPR legislation follows the TRIPs standards by providing for civil and criminal remedies and also for broader measures for enforcement of IPRs.
For all forms of intellectual property, civil remedies are available against infringement .All decisions of lower courts i.e. the district courts are appeal able in the High Court.

7. Continued…
Due process such as the timely service of notice, right of being heard. Production of evidences etc. is available in IPR cases as in any other legal action in Pakistan. In any suit for infringement of IPR in addition to provisional and border measures the courts may order remedies that act as effective deterrents to infringements of intellectual property.

8. Enforcement of IPRS
The enforcement of IPRs is weak area in Pakistan and this state of affairs makes us vulnerable not only to criticism but potentially also to trade retaliatory measures from our trading partners. Our manufacturer needs to be very careful about infringement of IPRs to avoid possible trade sanctions against us. American Business Council has suggested setting up of an IPR task force.

9. WTO and Pakistan Intellectual Property Rights Organization (PIPRO)
To improve the administrative and enforcement scenario, the government of Pakistan has approved establishment of an umbrella organization called “Pakistan Intellectual Property Rights Organization” and, as per Trade Policy , “necessary legislation will come soon so that PIPRO can start functioning”.

10. International Treaties
Among the WIPO Conventions, Pakistan has joined the Universal Copyright Convention and is in the final stage of acceding to Paris Convention for the protection of Industrial Property.

11. Pakistan’s Viewpoint
All provisions of the TRIPs agreements must strike a balance private rights and public policy objectives.
Technical assistance for development and transfer of technology.
In Geographical indication, additional protection should be extended to products like Wine & Spirit.

12. Continued….
TRIPs Agreement to be made compatible with the Convention on biodiversity. There is a need to incorporate a provision that patents inconsistent with the convention must be granted.
Harmonization of the Convention on Bio-diversity and TRIPS Agreement on protection of traditional knowledge, Folklore and Plant Breeders Rights.
Maximum flexibility to adopt measures for pubic health and access to medicines.
The Agreement should be reviewed to ensure how developmental objectives can be taken into account.

13. Trade Related Investment Measures (TRIMs)
Under the TRIMs Agreement, WTO members agreed not to apply any TRIMs inconsistent with GATT national treatment and quantitative restriction subject to the exemptions permitted under GATT 1994.

14. Continued…
Pakistan is committed to phase out the “Deletion Programme” for automobiles, electronics, electrical products and engineering items, which were to be phased out within five years of the entry into force of the agreement.

15. Textile and Clothing
One of the principle objectives of Pakistan in UR was not only to achieve elimination of multi-fibre agreement (MFA) but full integration of textile and clothing into the GATT in order to secure greater access to international markets.

16. Textile Monitoring Body
(TMB) gave its decision in favours of Pakistan, the US government did not pay any attention. The GOP initiated proceedings with the DSB and received favorable decision, whereupon US filed an appeal with the DSB for review. Finally, Pakistan received decision in its favours but the damage was already done.

17. Thanks you
Happy Learning,
Keep Learning