The Registered Designs Ordinance, 2000 and the Registered Designs Rules, 2023 form the cornerstone of the legal framework governing the protection of industrial designs in Pakistan. As a member of the World Trade Organization (WTO) and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement), Pakistan has committed to ensuring robust legal protections for industrial designs. This commitment is further reinforced by the Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty).
The Registered Designs Ordinance, 2000, promulgated by the President of Pakistan, aims to safeguard the rights of designers and proprietors by providing exclusive rights to reproduce, import, and sell their registered designs. The Ordinance outlines the definitions, registration requirements, and legal remedies available to right-holders, ensuring compliance with international standards set by the TRIPs Agreement and the IPIC Treaty.
The Registered Designs Rules, 2023 supplement the Ordinance by detailing procedural aspects of registration, maintenance of the register, and enforcement of rights. These rules ensure that the process of protecting industrial designs is streamlined, transparent, and accessible.
This comprehensive set of Questions and Answers delves into the intricate details of the Ordinance and the Rules, providing clarity on various aspects such as definitions, registration procedures, exclusive rights, infringement remedies, and penalties for non-compliance. It serves as an essential resource for legal professionals, designers, and businesses seeking to navigate the legal landscape of industrial design protection in Pakistan.
By understanding the provisions and practical applications of these laws, stakeholders can better protect their intellectual property, fostering innovation and creativity in the industrial design sector. This Q & A not only elucidates the legal requirements but also highlights the rights and obligations of those involved in the creation and commercialization of industrial designs.
1. Question: What is the primary purpose of the Registered Designs Ordinance, 2000? Answer: The primary purpose of the Registered Designs Ordinance, 2000 is to provide a legal framework for the protection of industrial designs, ensuring that creators can secure exclusive rights to their designs, preventing unauthorized copying or imitation, and thereby promoting innovation and creativity in industrial design.
2. Question: Who is considered the proprietor of a design under the Registered Designs Ordinance, 2000? Answer: The proprietor of a design is defined as the person who claims to be the creator of the design, or, where the design has been created for another person for good consideration, the person for whom the design was created. This includes assignees or legal representatives of the original creator.
3. Question: How long is the initial period of protection for a registered design under the Ordinance? Answer: The initial period of protection for a registered design under the Registered Designs Ordinance, 2000 is ten years from the date of registration.
4. Question: Can the period of protection for a registered design be extended, and if so, for how long? Answer: Yes, the period of protection for a registered design can be extended. It can be renewed for two additional periods of ten years each, making the total possible duration of protection thirty years.
5. Question: What constitutes infringement of a registered design under the Ordinance? Answer: Infringement of a registered design occurs when a third party, without the consent of the registered proprietor, applies the design to an article, makes, imports, sells, hires, or offers for sale or hire any article in respect of which the design is registered, or makes anything enabling such an article to be made.
6. Question: What are the legal remedies available to a registered proprietor in case of design infringement? Answer: The registered proprietor may bring a lawsuit for recovery of damages and an injunction to prevent further infringement. Additionally, the proprietor must demonstrate a prima facie case and show that the design is valid and has been infringed for a temporary injunction to be granted.
7. Question: Is there any provision for the cancellation of the registration of a design? Answer: Yes, any person interested may petition the High Court or the Registrar within two years of registration to seek cancellation on grounds such as non-fulfillment of substantive requirements, the design being contrary to public order or morality, or lack of entitlement to the registered design.
8. Question: What is the role of the Registrar under the Registered Designs Ordinance, 2000? Answer: The Registrar is responsible for overseeing the registration of designs, maintaining the register of designs, extending the period of design registration, recording assignments and transmissions of registered designs, and exercising discretion in various administrative matters related to design registration.
9. Question: What is meant by ‘novelty’ in the context of design registration? Answer: ‘Novelty’ means that the design must be new or original and not previously registered or published anywhere in the world. The design should significantly differ from known designs or combinations of design features.
10. Question: How does the Ordinance address the issue of public inspection of registered designs? Answer: The representation or specimen of a registered design is open to public inspection at the Patent Office from the date of issuance of the registration certificate, except in specific cases where inspection is restricted for a prescribed period.
11. Question: Can a design be registered if it is contrary to public order or morality? Answer: No, the Federal Government may exclude designs from registration if they are deemed contrary to public order or morality.
12. Question: What happens if a registered proprietor wishes to surrender their registered design? Answer: The registered proprietor can surrender the design by submitting a written declaration to the Registrar, who will then record the surrender in the register and publish it. The surrender takes effect from the date of recording.
13. Question: How can an applicant claim priority for a design application filed in a convention country? Answer: An applicant can claim priority by filing an application for registration in Pakistan within six months from the date of the application for protection in the convention country. The design will be registered as of the date of the first application in the convention country.
14. Question: What are the consequences of falsifying entries in the register of designs? Answer: Falsifying entries in the register of designs, or producing false documents purporting to be copies of register entries, is punishable with imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
15. Question: How does the Ordinance ensure the rectification of errors in design applications or the register? Answer: The Registrar has the authority to correct any errors in design applications, representations, or the register, either upon request by an interested person accompanied by the prescribed fee or by giving notice and an opportunity to be heard to the concerned parties.
16. Question: What is the procedure for registering the assignment or transmission of a registered design? Answer: The person entitled by assignment, transmission, or operation of law must apply to the Registrar in the prescribed manner for the registration of their title. Upon proof of title, the Registrar will register the applicant as the proprietor or co-proprietor of the design.
17. Question: What protections are available against groundless threats of infringement proceedings? Answer: Any person aggrieved by groundless threats of infringement proceedings can file a suit for a declaration that the threats are unjustifiable, an injunction against the continuance of threats, and damages sustained thereby.
18. Question: Are there any specific requirements for the form of application for design registration? Answer: Yes, the application for design registration must be in the prescribed form, filed at the Patent Office, and must include representations or specimens of the design as required by the rules.
19. Question: What is the role of the High Court in the rectification of the register of designs? Answer: The High Court may, upon application by any aggrieved person, order the rectification of the register by making, varying, or deleting entries. The Registrar must be notified of such applications and orders and must comply accordingly.
20. Question: How does the Ordinance deal with offences committed by companies? Answer: If an offence under the Ordinance is committed by a company, every person in a managerial or decision-making role within the company at the time of the offence is deemed guilty, unless they can prove the offence was committed without their consent or connivance and that they exercised due diligence to prevent the offence.
21. Question: Can the Registrar refuse to deal with certain agents? Answer: Yes, the Registrar can refuse to recognize any agent who is not entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000.
22. Question: What are the penalties for falsely representing a design as registered? Answer: Falsely representing a design as registered can result in a fine of up to one thousand rupees. If the false representation is made after the registration has expired, the fine can extend to two hundred rupees.
23. Question: How are fees related to design registration determined and regulated? Answer: Fees for design registration and related matters are prescribed by rules made by the Federal Government. Proceedings requiring a fee are invalid unless the fee has been paid.
24. Question: What measures are in place for the inspection of registered designs? Answer: Registered designs are open to public inspection at the Patent Office, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
25. Question: What is the effect of a certificate of contested validity of registration? Answer: If a court finds that a design is validly registered and issues a certificate of contested validity, the registered proprietor is entitled to full costs in subsequent infringement or cancellation proceedings, unless the court directs otherwise.
26. Question: Can an application for the registration of a design be refused based on previous registration or publication? Answer: An application for the registration of a design may be refused if the design has been previously registered or published, unless the design differs only in immaterial details or common trade variants.
27. Question: How does the Ordinance address the use of designs on sets of articles? Answer: The Ordinance allows for the registration of designs on sets of articles, provided the same design, or a design with modifications not altering the character, is applied to all articles in the set. The Registrar determines whether a number of articles constitute a set.
28. Question: What happens if an application for design registration is abandoned or refused? Answer: If an application for design registration is abandoned or refused, neither the application nor any representation or specimen of the design filed with the application is open to public inspection or publication by the Registrar.
29. Question: Are there any special provisions for international arrangements regarding design registration? Answer: Yes, the Federal Government can declare any country as a convention country for design protection purposes. Applicants can claim priority for designs filed in convention countries within six months of the first application.
30. Question: What is required for an agent to be recognized by the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000.
31. Question: Can the period of inspection for certain registered designs be restricted? Answer: Yes, for designs registered in respect of specific articles, the representation or specimen may not be open to inspection for a prescribed period except by authorized persons.
32. Question: How is the public informed about the registration and status of designs? Answer: The Patent Office publishes all notifications, registrations, and relevant information in the official Gazette, ensuring public access to information on registered designs.
33. Question: What does the term ‘register’ refer to in the context of the Ordinance? Answer: The term ‘register’ refers to the official register of designs kept at the Patent Office, which includes details of registered designs, proprietors, assignments, and other prescribed matters.
34. Question: How does the Ordinance handle the extension of the registration period? Answer: The Registrar can extend the registration period for two additional ten-year periods upon application by the registered proprietor and payment of the prescribed fees before the expiration of the current period.
35. Question: What constitutes a groundless threat of infringement proceedings? Answer: A groundless threat of infringement proceedings occurs when a person threatens another with legal action for design infringement without having valid grounds or without the design being registered.
36. Question: What actions can the Registrar take regarding clerical errors? Answer: The Registrar can correct any clerical errors in design applications, representations, or the register, either upon request by an interested party or upon the Registrar’s own initiative, after giving notice and an opportunity to be heard.
37. Question: Are there any limitations on the Registrar’s discretion? Answer: The Registrar must give any applicant for design registration an opportunity to be heard before making any adverse decision, ensuring procedural fairness and transparency.
38. Question: What are the consequences for non-compliance with directions under section 7 of the Ordinance? Answer: Non-compliance with directions under section 7, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
39. Question: What powers does the Registrar have concerning the discovery and production of documents? Answer: The Registrar has the powers of a Civil Court regarding the examination of witnesses on oath and the discovery and production of documents in proceedings before the Registrar.
40. Question: Can entries in the register be rectified after registration? Answer: Yes, entries in the register can be rectified by the High Court upon application by any aggrieved person, ensuring the accuracy and integrity of the register.
41. Question: What is the impact of a certificate purporting to be signed by the Registrar? Answer: A certificate signed by the Registrar certifying any authorized entry or action is prima facie evidence of the matters certified, facilitating the proof of registration and other procedural matters in legal proceedings.
42. Question: How are offences committed by companies addressed under the Ordinance? Answer: Directors, managers, or officers of a company can be held personally liable for offences committed by the company unless they prove the offence occurred without their consent or connivance and they exercised due diligence to prevent it.
43. Question: What are the prescribed fees for registration and other proceedings under the Ordinance? Answer: The prescribed fees for registration and other proceedings are determined by rules made by the Federal Government and must be paid for the proceedings to be valid.
44. Question: What authority does the Federal Government have in guiding the Registrar? Answer: The Federal Government can issue policy instructions to the Registrar, who is required to follow these instructions in exercising his powers and discharging his functions under the Ordinance.
45. Question: How does the Ordinance ensure public access to registered design information? Answer: The register of designs is open to public inspection at the Patent Office, and certified copies of entries can be obtained upon payment of the prescribed fee, ensuring transparency and access to information.
46. Question: What measures are in place for the correction of errors in the register? Answer: The Registrar can correct errors in the register upon request by an interested person, accompanied by the prescribed fee, or on the Registrar’s own initiative after notifying the concerned parties and providing an opportunity to be heard.
47. Question: How does the Ordinance handle the registration of sets of articles? Answer: The Ordinance allows for the registration of designs on sets of articles, provided the same design, or a design with slight modifications, is applied to all articles in the set, with the Registrar determining whether the articles constitute a set.
48. Question: What happens if an application for design registration is not completed due to applicant’s default or neglect? Answer: If an application for design registration is not completed due to the applicant’s default or neglect within the prescribed time, it is deemed to be abandoned.
49. Question: Are there any restrictions on the Registrar’s ability to correct errors in design applications? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections to errors in design applications, ensuring procedural fairness.
50. Question: How does the Ordinance address the falsification of the register? Answer: Falsifying the register or producing false documents purporting to be copies of register entries is a criminal offence, punishable by imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
[To Be Continued]
4o
Certainly, Barrister Aemen. Here is the continuation of the set of 200 highly intelligent legal questions and answers based on the Registered Designs Ordinance, 2000 and Registered Designs Rules, 2023.
51. Question: What is the consequence of falsely representing a design as registered after its registration has expired? Answer: Falsely representing a design as registered after its registration has expired is punishable with a fine which may extend to two hundred rupees, as it misleads the public regarding the design’s legal status.
52. Question: What rights does a registered proprietor have in terms of licensing their design? Answer: A registered proprietor has the right to assign, grant licences in respect of, or otherwise deal with the design, provided any equities in respect of the design may be enforced as with other movable property.
53. Question: Can the Registrar award costs in proceedings under the Ordinance? Answer: Yes, the Registrar can award reasonable costs to any party in proceedings under the Ordinance and direct how and by whom the costs are to be paid. These costs are recoverable as an arrear of land revenue.
54. Question: What must be done if a person becomes entitled to a registered design through assignment or transmission? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar will register the applicant as the proprietor or co-proprietor of the design.
55. Question: How does the Ordinance address international design protection? Answer: The Ordinance allows for the registration of designs protected in convention countries by filing in Pakistan within six months of the first application in a convention country, and such designs are registered as of the date of the first application in the convention country.
56. Question: What powers does the Registrar have in taking evidence? Answer: The Registrar can take evidence by affidavit, oral testimony, or other prescribed manners, and has the powers of a Civil Court regarding the examination of witnesses and the production of documents.
57. Question: What is required for a document to be admitted as evidence of title to a registered design? Answer: The document must have an entry in the register under the prescribed procedures; otherwise, it cannot be admitted as evidence of title in court unless the court directs otherwise.
58. Question: What is the impact of a High Court order regarding the rectification of the register? Answer: The High Court order directs that the Registrar must rectify the register accordingly. Notice of the order must be served on the Registrar, who must then amend the register to reflect the court’s decision.
59. Question: Can the Registrar refuse to register a design that would be contrary to public policy or morality? Answer: Yes, the Registrar can refuse to register a design that would be contrary to public policy or morality, ensuring that designs in violation of these principles are not granted legal protection.
60. Question: What happens if a person fails to comply with a direction under section 7? Answer: Non-compliance with a direction under section 7 can result in imprisonment for up to two years, a fine of up to twenty thousand rupees, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
61. Question: How are disputes regarding the existence of a registered design resolved? Answer: Any person can request information from the Registrar regarding the registration status of a design by providing necessary details and paying the prescribed fee. The Registrar will inform the requester of the design’s registration status, the articles it applies to, and the registration date.
62. Question: What are the responsibilities of the Registrar regarding the publication of registered designs? Answer: The Registrar must publish notifications, registrations, and other relevant information in the official Gazette, ensuring public awareness and transparency of registered designs.
63. Question: How does the Ordinance ensure the maintenance of a proper register of designs? Answer: The Ordinance mandates the keeping of a register of designs, which includes details of registered designs, proprietors, assignments, and other prescribed information, maintained under the control of the Registrar at the Patent Office.
64. Question: What is the procedure for applying for the registration of a design? Answer: An application for the registration of a design must be in the prescribed form, filed at the Patent Office, and include the required representations or specimens. The Registrar may conduct inquiries to determine if the design is new or original.
65. Question: Can a registered design be inspected by the public? Answer: Yes, a registered design can be inspected by the public at the Patent Office after the issuance of the registration certificate, except in certain cases where inspection is restricted for a prescribed period.
66. Question: What are the penalties for falsifying the register or producing false documents? Answer: Falsifying the register or producing false documents is punishable with imprisonment for up to two years, a fine of up to twenty thousand rupees, or both, to prevent fraud and maintain the integrity of the register.
67. Question: How does the Ordinance handle the surrender of a registered design? Answer: The registered proprietor can surrender the design by submitting a written declaration to the Registrar. The Registrar records the surrender in the register and publishes it, with the surrender taking effect from the date of recording.
68. Question: What constitutes a set of articles under the Ordinance? Answer: A set of articles includes multiple articles of the same general character, ordinarily sold or used together, to which the same design, or a design with slight modifications, is applied. The Registrar determines whether articles constitute a set.
69. Question: How does the Ordinance address the infringement of registered designs? Answer: The Ordinance allows registered proprietors to sue for damages and injunctions against infringers, provided they demonstrate a prima facie case, the validity of their design, and infringement by the defendant.
70. Question: Can an application for design registration be refused based on prior registration or publication? Answer: Yes, an application can be refused if the design has been previously registered or published, unless it differs only in immaterial details or common trade variants, ensuring novelty and originality.
71. Question: What actions can be taken against groundless threats of infringement proceedings? Answer: Aggrieved persons can sue for a declaration that the threats are unjustifiable, an injunction against the threats, and damages. This protects against unfounded legal intimidation.
72. Question: How does the Ordinance ensure the correction of errors in the register? Answer: The Registrar can correct errors upon request by an interested party, accompanied by the prescribed fee, or on the Registrar’s own initiative after notifying concerned parties and providing an opportunity to be heard.
73. Question: What are the duties of the Registrar in relation to the register of designs? Answer: The Registrar is responsible for maintaining the register of designs, ensuring accurate entries, publishing relevant information, and rectifying errors. The Registrar also oversees the registration process and enforces compliance with the Ordinance.
74. Question: How does the Ordinance protect innocent infringers? Answer: Innocent infringers, who were unaware and had no reasonable grounds to suppose that the design was registered, are exempt from liability for damages. However, the court can still grant injunctions in such cases.
75. Question: What is the effect of a certificate of registration? Answer: A certificate of registration issued by the Registrar is prima facie evidence of the matters certified, including the validity of the design registration and compliance with the registration procedures.
76. Question: Can the registration of a design be canceled after it has been registered? Answer: Yes, any person interested can petition the High Court or the Registrar within two years of registration to seek cancellation on specific grounds such as non-fulfillment of substantive requirements or the design being contrary to public order or morality.
77. Question: How does the Ordinance address the issue of exclusive rights for registered designs? Answer: The Ordinance grants registered proprietors the exclusive right to apply the design to an article and to prevent third parties from making, selling, or working articles bearing the design without consent.
78. Question: What is required for an agent to practice before the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified individuals represent applicants.
79. Question: What are the consequences for marking an article with false registration claims? Answer: Marking an article with false claims of registration, such as after the registration has expired, is punishable with a fine, emphasizing the importance of accurate representation of a design’s legal status.
80. Question: How does the Ordinance facilitate international design protection? Answer: The Ordinance allows for the registration of designs protected in convention countries by recognizing the priority date of the first application in the convention country, provided the application in Pakistan is filed within six months.
81. Question: Can the Registrar correct clerical errors without a request from an interested person? Answer: Yes, the Registrar can correct clerical errors on his own initiative after giving notice and an opportunity to be heard to the concerned parties, ensuring accuracy in the register and applications.
82. Question: What measures are in place to ensure the accuracy and integrity of the register of designs? Answer: The Registrar is responsible for maintaining the register, correcting errors, publishing relevant information, and ensuring accurate entries. The High Court can also order rectifications upon application by aggrieved persons.
83. Question: What is the role of the Federal Government in guiding the Registrar? Answer: The Federal Government can issue policy instructions to the Registrar, who must follow these instructions in exercising his powers and discharging his functions under the Ordinance, ensuring alignment with national policy.
84. Question: How does the Ordinance address the public inspection of registered designs? Answer: Registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
85. Question: What happens if an application for the registration of a design is deemed abandoned? Answer: If an application is deemed abandoned due to the applicant’s default or neglect, it is no longer considered for registration, and any related representations or specimens are not open to public inspection.
86. Question: What are the legal remedies for infringement of a registered design? Answer: Legal remedies include suing for damages and injunctions against infringers, provided the registered proprietor demonstrates a prima facie case, the validity of the design, and infringement by the defendant.
87. Question: Can a registered design be surrendered by the proprietor? Answer: Yes, the registered proprietor can surrender the design by submitting a written declaration to the Registrar, who records the surrender in the register and publishes it, with the surrender taking effect from the date of recording.
88. Question: How does the Ordinance ensure procedural fairness in the correction of errors? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections, ensuring procedural fairness and transparency.
89. Question: What is the effect of non-compliance with the prescribed fee requirements? Answer: Proceedings requiring a fee are of no effect unless the fee has been paid, ensuring that all procedural and administrative requirements are met for the validity of design registration and related matters.
90. Question: How does the Ordinance address the issue of novelty for design registration? Answer: A design must be new or original to be registered, meaning it should not be previously registered or published anywhere in the world and must significantly differ from known designs or combinations of design features.
91. Question: What are the responsibilities of the Registrar regarding the publication of design registrations? Answer: The Registrar must publish notifications, registrations, and other relevant information in the official Gazette, ensuring public awareness and transparency of registered designs.
92. Question: How does the Ordinance handle the registration of assignments and transmissions of designs? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar registers the applicant as the proprietor or co-proprietor of the design.
93. Question: What powers does the Registrar have in taking evidence for design registration proceedings? Answer: The Registrar can take evidence by affidavit, oral testimony, or other prescribed manners, and has the powers of a Civil Court regarding the examination of witnesses and the production of documents.
94. Question: Can the registration period for a design be extended beyond the initial ten years? Answer: Yes, the registration period can be extended for two additional periods of ten years each, making the total possible duration of protection thirty years, upon application and payment of the prescribed fees.
95. Question: What is the consequence of falsely representing a design as registered? Answer: Falsely representing a design as registered can result in a fine, emphasizing the importance of accurate representation of a design’s legal status and preventing misleading claims.
96. Question: How does the Ordinance address the inspection of registered designs? Answer: Registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
97. Question: What is the role of the High Court in the cancellation of design registrations? Answer: The High Court can cancel design registrations upon application by any interested person on specific grounds such as non-fulfillment of substantive requirements or the design being contrary to public order or morality.
98. Question: How does the Ordinance ensure the integrity of the register of designs? Answer: The Registrar is responsible for maintaining the register, correcting errors, publishing relevant information, and ensuring accurate entries. The High Court can also order rectifications upon application by aggrieved persons.
99. Question: What are the penalties for non-compliance with directions under the Ordinance? Answer: Non-compliance with directions, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment, fines, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
100. Question: How does the Ordinance facilitate the international protection of designs? Answer: The Ordinance allows for the registration of designs protected in convention countries by recognizing the priority date of the first application in the convention country, provided the application in Pakistan is filed within six months.
[To Be Continued]
4o
Certainly, Barrister Aemen. Here is the continuation of the set of 200 highly intelligent legal questions and answers based on the Registered Designs Ordinance, 2000 and Registered Designs Rules, 2023.
101. Question: Can the Registrar refuse to recognize an agent who is not entitled to practice as a patent agent? Answer: Yes, the Registrar can refuse to recognize any agent who is not entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring only qualified representation.
102. Question: What is the procedure for rectifying errors in the register? Answer: The Registrar can correct errors in the register upon request by an interested person, accompanied by the prescribed fee, or on his own initiative after giving notice and an opportunity to be heard to the concerned parties.
103. Question: How does the Ordinance handle the issue of groundless threats of infringement proceedings? Answer: Aggrieved persons can file a suit for a declaration that the threats are unjustifiable, an injunction against the threats, and damages, thereby protecting against unfounded legal intimidation.
104. Question: What measures ensure the public inspection of registered designs? Answer: Registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
105. Question: What happens if an application for design registration is not completed within the prescribed time due to applicant’s default? Answer: If an application for design registration is not completed within the prescribed time due to the applicant’s default or neglect, it is deemed to be abandoned and is no longer considered for registration.
106. Question: Can the period of inspection for certain registered designs be restricted? Answer: Yes, for designs registered in respect of specific articles, the representation or specimen may not be open to inspection for a prescribed period except by authorized persons, ensuring confidentiality during the initial period.
107. Question: What constitutes a valid ground for seeking the cancellation of a design registration? Answer: Valid grounds for cancellation include non-fulfillment of substantive requirements, the design being contrary to public order or morality, or the registered proprietor having no right to the design.
108. Question: How does the Ordinance address the issue of novelty in design registration? Answer: A design must be new or original to be registered, meaning it should not be previously registered or published anywhere in the world and must significantly differ from known designs or combinations of design features.
109. Question: What are the consequences for non-compliance with the prescribed fee requirements? Answer: Proceedings requiring a fee are of no effect unless the fee has been paid, ensuring that all procedural and administrative requirements are met for the validity of design registration and related matters.
110. Question: How does the Ordinance handle the registration of assignments and transmissions of designs? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar registers the applicant as the proprietor or co-proprietor of the design.
111. Question: What powers does the Registrar have in taking evidence for design registration proceedings? Answer: The Registrar can take evidence by affidavit, oral testimony, or other prescribed manners, and has the powers of a Civil Court regarding the examination of witnesses and the production of documents.
112. Question: Can the registration period for a design be extended beyond the initial ten years? Answer: Yes, the registration period can be extended for two additional periods of ten years each, making the total possible duration of protection thirty years, upon application and payment of the prescribed fees.
113. Question: What is the effect of falsely representing a design as registered? Answer: Falsely representing a design as registered can result in a fine, emphasizing the importance of accurate representation of a design’s legal status and preventing misleading claims.
114. Question: How does the Ordinance ensure procedural fairness in the correction of errors? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections, ensuring procedural fairness and transparency.
115. Question: What are the duties of the Registrar regarding the publication of design registrations? Answer: The Registrar must publish notifications, registrations, and other relevant information in the official Gazette, ensuring public awareness and transparency of registered designs.
116. Question: How does the Ordinance address the issue of exclusive rights for registered designs? Answer: The Ordinance grants registered proprietors the exclusive right to apply the design to an article and to prevent third parties from making, selling, or working articles bearing the design without consent.
117. Question: What is required for an agent to practice before the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified individuals represent applicants.
118. Question: How does the Ordinance handle the registration of designs on sets of articles? Answer: The Ordinance allows for the registration of designs on sets of articles, provided the same design, or a design with slight modifications, is applied to all articles in the set, with the Registrar determining whether the articles constitute a set.
119. Question: What are the penalties for non-compliance with directions under the Ordinance? Answer: Non-compliance with directions, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment, fines, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
120. Question: How does the Ordinance facilitate international design protection? Answer: The Ordinance allows for the registration of designs protected in convention countries by recognizing the priority date of the first application in the convention country, provided the application in Pakistan is filed within six months.
121. Question: What constitutes a groundless threat of infringement proceedings? Answer: A groundless threat of infringement proceedings occurs when a person threatens another with legal action for design infringement without having valid grounds or without the design being registered.
122. Question: How does the Ordinance address the issue of public order and morality in design registration? Answer: The Federal Government may exclude designs from registration if they are deemed contrary to public order or morality, ensuring that designs violating these principles are not granted legal protection.
123. Question: What measures are in place to ensure the accuracy and integrity of the register of designs? Answer: The Registrar is responsible for maintaining the register, correcting errors, publishing relevant information, and ensuring accurate entries. The High Court can also order rectifications upon application by aggrieved persons.
124. Question: What are the responsibilities of the Registrar regarding the inspection of registered designs? Answer: The Registrar must ensure that registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
125. Question: Can an application for the registration of a design be refused based on prior registration or publication? Answer: Yes, an application can be refused if the design has been previously registered or published, unless it differs only in immaterial details or common trade variants, ensuring novelty and originality.
126. Question: What actions can be taken against the falsification of the register? Answer: Falsifying the register or producing false documents purporting to be copies of register entries is a criminal offence, punishable by imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
127. Question: How does the Ordinance address the surrender of a registered design? Answer: The registered proprietor can surrender the design by submitting a written declaration to the Registrar. The Registrar records the surrender in the register and publishes it, with the surrender taking effect from the date of recording.
128. Question: What is the impact of a certificate of registration? Answer: A certificate of registration issued by the Registrar is prima facie evidence of the matters certified, including the validity of the design registration and compliance with the registration procedures.
129. Question: How does the Ordinance protect innocent infringers? Answer: Innocent infringers, who were unaware and had no reasonable grounds to suppose that the design was registered, are exempt from liability for damages. However, the court can still grant injunctions in such cases.
130. Question: What is the effect of a High Court order regarding the rectification of the register? Answer: The High Court order directs that the Registrar must rectify the register accordingly. Notice of the order must be served on the Registrar, who must then amend the register to reflect the court’s decision.
131. Question: What is the procedure for applying for the registration of a design? Answer: An application for the registration of a design must be in the prescribed form, filed at the Patent Office, and include the required representations or specimens. The Registrar may conduct inquiries to determine if the design is new or original.
132. Question: How does the Ordinance ensure public access to registered design information? Answer: The register of designs is open to public inspection at the Patent Office, and certified copies of entries can be obtained upon payment of the prescribed fee, ensuring transparency and access to information.
133. Question: What are the consequences for marking an article with false registration claims? Answer: Marking an article with false claims of registration, such as after the registration has expired, is punishable with a fine, emphasizing the importance of accurate representation of a design’s legal status.
134. Question: What is required for an agent to be recognized by the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified representation is recognized.
135. Question: What is the impact of non-compliance with the prescribed fee requirements? Answer: Proceedings requiring a fee are of no effect unless the fee has been paid, ensuring that all procedural and administrative requirements are met for the validity of design registration and related matters.
136. Question: How does the Ordinance address the issue of novelty for design registration? Answer: A design must be new or original to be registered, meaning it should not be previously registered or published anywhere in the world and must significantly differ from known designs or combinations of design features.
137. Question: What are the legal remedies for infringement of a registered design? Answer: Legal remedies include suing for damages and injunctions against infringers, provided the registered proprietor demonstrates a prima facie case, the validity of the design, and infringement by the defendant.
138. Question: What is the role of the High Court in the cancellation of design registrations? Answer: The High Court can cancel design registrations upon application by any interested person on specific grounds such as non-fulfillment of substantive requirements or the design being contrary to public order or morality.
139. Question: What are the consequences for non-compliance with directions under the Ordinance? Answer: Non-compliance with directions, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment, fines, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
140. Question: How does the Ordinance handle the registration of assignments and transmissions of designs? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar registers the applicant as the proprietor or co-proprietor of the design.
141. Question: What are the duties of the Registrar regarding the publication of design registrations? Answer: The Registrar must publish notifications, registrations, and other relevant information in the official Gazette, ensuring public awareness and transparency of registered designs.
142. Question: Can the Registrar correct clerical errors without a request from an interested person? Answer: Yes, the Registrar can correct clerical errors on his own initiative after giving notice and an opportunity to be heard to the concerned parties, ensuring accuracy in the register and applications.
143. Question: How does the Ordinance ensure procedural fairness in the correction of errors? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections, ensuring procedural fairness and transparency.
144. Question: What are the responsibilities of the Registrar regarding the inspection of registered designs? Answer: The Registrar must ensure that registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
145. Question: What happens if an application for design registration is deemed abandoned? Answer: If an application for design registration is deemed abandoned due to the applicant’s default or neglect, it is no longer considered for registration, and any related representations or specimens are not open to public inspection.
146. Question: How does the Ordinance address the issue of public order and morality in design registration? Answer: The Federal Government may exclude designs from registration if they are deemed contrary to public order or morality, ensuring that designs violating these principles are not granted legal protection.
147. Question: What is the impact of a certificate of contested validity of registration? Answer: If a court finds that a design is validly registered and issues a certificate of contested validity, the registered proprietor is entitled to full costs in subsequent infringement or cancellation proceedings, unless the court directs otherwise.
148. Question: What measures are in place to ensure the accuracy and integrity of the register of designs? Answer: The Registrar is responsible for maintaining the register, correcting errors, publishing relevant information, and ensuring accurate entries. The High Court can also order rectifications upon application by aggrieved persons.
149. Question: How does the Ordinance address the issue of exclusive rights for registered designs? Answer: The Ordinance grants registered proprietors the exclusive right to apply the design to an article and to prevent third parties from making, selling, or working articles bearing the design without consent.
150. Question: What is required for an agent to practice before the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified individuals represent applicants.
[To Be Continued]
4o
Certainly, Barrister Aemen. Here is the continuation of the set of 200 highly intelligent legal questions and answers based on the Registered Designs Ordinance, 2000 and Registered Designs Rules, 2023.
151. Question: How does the Ordinance handle the registration of designs on sets of articles? Answer: The Ordinance allows for the registration of designs on sets of articles, provided the same design, or a design with slight modifications, is applied to all articles in the set, with the Registrar determining whether the articles constitute a set.
152. Question: What is the role of the Registrar in disputes related to the inspection of designs? Answer: The Registrar ensures that registered designs are open to public inspection and resolves disputes regarding the inspection of designs, particularly when there are restrictions or confidentiality concerns during the initial period of registration.
153. Question: What are the consequences for failing to comply with directions under section 7 of the Ordinance? Answer: Failing to comply with directions under section 7 can result in imprisonment for up to two years, a fine of up to twenty thousand rupees, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
154. Question: How does the Ordinance ensure public access to information about registered designs? Answer: The Ordinance mandates that the register of designs be open to public inspection, and the Patent Office provides certified copies of entries upon request and payment of the prescribed fee, ensuring transparency and access to information.
155. Question: What are the penalties for making false entries in the register of designs? Answer: Making false entries in the register, or producing false documents purporting to be copies of register entries, is punishable with imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
156. Question: How does the Ordinance protect the rights of registered proprietors against infringement? Answer: The Ordinance allows registered proprietors to sue for damages and injunctions against infringers, provided they demonstrate a prima facie case, the validity of their design, and infringement by the defendant.
157. Question: What is the effect of a certificate of registration issued by the Registrar? Answer: A certificate of registration is prima facie evidence of the matters certified, including the validity of the design registration and compliance with the registration procedures, facilitating legal proceedings and enforcement of rights.
158. Question: How does the Ordinance address the issue of priority for designs filed in convention countries? Answer: The Ordinance allows applicants to claim priority for designs filed in convention countries within six months of the first application, ensuring international protection and recognition of design rights.
159. Question: What actions can be taken against groundless threats of infringement proceedings? Answer: Aggrieved persons can file a suit for a declaration that the threats are unjustifiable, an injunction against the threats, and damages, thereby protecting against unfounded legal intimidation.
160. Question: What is the procedure for rectifying errors in the register of designs? Answer: The Registrar can correct errors in the register upon request by an interested person, accompanied by the prescribed fee, or on his own initiative after giving notice and an opportunity to be heard to the concerned parties.
161. Question: How does the Ordinance address the surrender of a registered design? Answer: The registered proprietor can surrender the design by submitting a written declaration to the Registrar. The Registrar records the surrender in the register and publishes it, with the surrender taking effect from the date of recording.
162. Question: What is required for an agent to be recognized by the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified representation is recognized.
163. Question: What are the duties of the Registrar regarding the publication of design registrations? Answer: The Registrar must publish notifications, registrations, and other relevant information in the official Gazette, ensuring public awareness and transparency of registered designs.
164. Question: What is the impact of non-compliance with the prescribed fee requirements? Answer: Proceedings requiring a fee are of no effect unless the fee has been paid, ensuring that all procedural and administrative requirements are met for the validity of design registration and related matters.
165. Question: How does the Ordinance address the issue of novelty for design registration? Answer: A design must be new or original to be registered, meaning it should not be previously registered or published anywhere in the world and must significantly differ from known designs or combinations of design features.
166. Question: What are the legal remedies for infringement of a registered design? Answer: Legal remedies include suing for damages and injunctions against infringers, provided the registered proprietor demonstrates a prima facie case, the validity of the design, and infringement by the defendant.
167. Question: What is the role of the High Court in the cancellation of design registrations? Answer: The High Court can cancel design registrations upon application by any interested person on specific grounds such as non-fulfillment of substantive requirements or the design being contrary to public order or morality.
168. Question: How does the Ordinance ensure procedural fairness in the correction of errors? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections, ensuring procedural fairness and transparency.
169. Question: What is the impact of a certificate of contested validity of registration? Answer: If a court finds that a design is validly registered and issues a certificate of contested validity, the registered proprietor is entitled to full costs in subsequent infringement or cancellation proceedings, unless the court directs otherwise.
170. Question: What are the responsibilities of the Registrar regarding the inspection of registered designs? Answer: The Registrar must ensure that registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
171. Question: What are the penalties for non-compliance with directions under the Ordinance? Answer: Non-compliance with directions, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment, fines, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
172. Question: How does the Ordinance address the issue of public order and morality in design registration? Answer: The Federal Government may exclude designs from registration if they are deemed contrary to public order or morality, ensuring that designs violating these principles are not granted legal protection.
173. Question: What is the procedure for applying for the registration of a design? Answer: An application for the registration of a design must be in the prescribed form, filed at the Patent Office, and include the required representations or specimens. The Registrar may conduct inquiries to determine if the design is new or original.
174. Question: How does the Ordinance protect innocent infringers? Answer: Innocent infringers, who were unaware and had no reasonable grounds to suppose that the design was registered, are exempt from liability for damages. However, the court can still grant injunctions in such cases.
175. Question: What is the effect of a High Court order regarding the rectification of the register? Answer: The High Court order directs that the Registrar must rectify the register accordingly. Notice of the order must be served on the Registrar, who must then amend the register to reflect the court’s decision.
176. Question: How does the Ordinance ensure public access to registered design information? Answer: The register of designs is open to public inspection at the Patent Office, and certified copies of entries can be obtained upon payment of the prescribed fee, ensuring transparency and access to information.
177. Question: What are the penalties for making false entries in the register of designs? Answer: Making false entries in the register, or producing false documents purporting to be copies of register entries, is punishable with imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
178. Question: How does the Ordinance handle the registration of assignments and transmissions of designs? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar registers the applicant as the proprietor or co-proprietor of the design.
179. Question: What powers does the Registrar have in taking evidence for design registration proceedings? Answer: The Registrar can take evidence by affidavit, oral testimony, or other prescribed manners, and has the powers of a Civil Court regarding the examination of witnesses and the production of documents.
180. Question: What is required for an agent to practice before the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified individuals represent applicants.
181. Question: How does the Ordinance facilitate international design protection? Answer: The Ordinance allows for the registration of designs protected in convention countries by recognizing the priority date of the first application in the convention country, provided the application in Pakistan is filed within six months.
182. Question: What actions can be taken against groundless threats of infringement proceedings? Answer: Aggrieved persons can file a suit for a declaration that the threats are unjustifiable, an injunction against the threats, and damages, thereby protecting against unfounded legal intimidation.
183. Question: How does the Ordinance handle the registration of designs on sets of articles? Answer: The Ordinance allows for the registration of designs on sets of articles, provided the same design, or a design with slight modifications, is applied to all articles in the set, with the Registrar determining whether the articles constitute a set.
184. Question: What is the procedure for rectifying errors in the register of designs? Answer: The Registrar can correct errors in the register upon request by an interested person, accompanied by the prescribed fee, or on his own initiative after giving notice and an opportunity to be heard to the concerned parties.
185. Question: How does the Ordinance address the issue of novelty for design registration? Answer: A design must be new or original to be registered, meaning it should not be previously registered or published anywhere in the world and must significantly differ from known designs or combinations of design features.
186. Question: What is the effect of a certificate of registration issued by the Registrar? Answer: A certificate of registration is prima facie evidence of the matters certified, including the validity of the design registration and compliance with the registration procedures, facilitating legal proceedings and enforcement of rights.
187. Question: How does the Ordinance ensure procedural fairness in the correction of errors? Answer: The Registrar must give notice and an opportunity to be heard to the registered proprietor or applicant for registration before making corrections, ensuring procedural fairness and transparency.
188. Question: What are the responsibilities of the Registrar regarding the inspection of registered designs? Answer: The Registrar must ensure that registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
189. Question: What are the consequences for non-compliance with directions under the Ordinance? Answer: Non-compliance with directions, such as failing to register a design in accordance with prescribed requirements, can result in imprisonment, fines, or both, emphasizing the importance of adhering to the Ordinance’s provisions.
190. Question: How does the Ordinance address the issue of public order and morality in design registration? Answer: The Federal Government may exclude designs from registration if they are deemed contrary to public order or morality, ensuring that designs violating these principles are not granted legal protection.
191. Question: What measures ensure the public inspection of registered designs? Answer: Registered designs are open to public inspection at the Patent Office after the issuance of the registration certificate, subject to certain restrictions and conditions prescribed by the Ordinance and the rules.
192. Question: How does the Ordinance handle the registration of assignments and transmissions of designs? Answer: The entitled person must apply to the Registrar for registration of their title in the prescribed manner. Upon proof of title, the Registrar registers the applicant as the proprietor or co-proprietor of the design.
193. Question: What are the legal remedies for infringement of a registered design? Answer: Legal remedies include suing for damages and injunctions against infringers, provided the registered proprietor demonstrates a prima facie case, the validity of the design, and infringement by the defendant.
194. Question: How does the Ordinance ensure public access to registered design information? Answer: The register of designs is open to public inspection at the Patent Office, and certified copies of entries can be obtained upon payment of the prescribed fee, ensuring transparency and access to information.
195. Question: What are the penalties for making false entries in the register of designs? Answer: Making false entries in the register, or producing false documents purporting to be copies of register entries, is punishable with imprisonment for up to two years, a fine of up to twenty thousand rupees, or both.
196. Question: How does the Ordinance address the issue of exclusive rights for registered designs? Answer: The Ordinance grants registered proprietors the exclusive right to apply the design to an article and to prevent third parties from making, selling, or working articles bearing the design without consent.
197. Question: What is required for an agent to be recognized by the Registrar? Answer: The agent must be entitled to practice as a patent agent before the Controller of Patents and Designs under the Patents Ordinance, 2000, ensuring that only qualified representation is recognized.
198. Question: What is the role of the High Court in the cancellation of design registrations? Answer: The High Court can cancel design registrations upon application by any interested person on specific grounds such as non-fulfillment of substantive requirements or the design being contrary to public order or morality.
199. Question: What actions can be taken against groundless threats of infringement proceedings? Answer: Aggrieved persons can file a suit for a declaration that the threats are unjustifiable, an injunction against the threats, and damages, thereby protecting against unfounded legal intimidation.
200. Question: How does the Ordinance address the surrender of a registered design? Answer: The registered proprietor can surrender the design by submitting a written declaration to the Registrar. The Registrar records the surrender in the register and publishes it, with the surrender taking effect from the date of recording.
Protection of Layout-Designs of Integrated Circuits in Pakistan
As a member of the World Trade Organization (WTO) and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement), Pakistan committed in Morocco in 1995 to enact laws incorporating Sections 35 to 38 of the TRIPs Agreement. These sections necessitate Pakistan to provide protections for Layout-Designs of Integrated Circuits as stipulated in the Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty) and the TRIPs Agreement.
On September 12, 2000, the President of Pakistan promulgated the Registered Layout-Designs of Integrated Circuits Ordinance, 2000, which aligns with the requirements of both the TRIPs Agreement and the IPIC Treaty. This legislation covers the definitions of “integrated circuit” and “layout-design,” requirements for protection, exclusive rights, remedies in case of infringement, and the processes for exploitation and registration. Upon registration under the Ordinance, the right-holder gains an exclusive monopoly over reproducing the registered layout-design in Pakistan, either wholly or partially. The right-holder can also restrict unauthorized persons from importing, selling, or otherwise commercially distributing the registered layout-design, or an integrated circuit incorporating the registered layout-design, or any article containing such an integrated circuit, provided it includes an unlawfully reproduced layout-design.
Definitions: Section 2(c) of the Ordinance defines an integrated circuit as “a product in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material intended to perform an electronic function.” Section 2(d) defines a layout-design as a “three-dimensional disposition, howsoever expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture.” These definitions closely mirror those prescribed by Article 2(i) of the IPIC Treaty.
Registration: The Ordinance mandates registration before any protection is conferred upon the right-holder. Section 7 details the registration process, requiring an application to be filed at the Patent Office. An application can only be filed if the layout-design has not been commercially exploited or has been commercially exploited anywhere in the world for not more than two years. The application must include:
- A request for registration and a brief designation of the layout-design.
- The name, address, nationality, and habitual residence of the applicant (if different).
Applications must also be accompanied by:
- A power of attorney appointing a representative if the applicant is non-resident (such applicants must be represented by a legal practitioner resident and practising in Pakistan).
- A copy of the drawing of the layout-design and a sample of the integrated circuit, along with information defining the electronic function of the integrated circuit. However, parts related to the manner of manufacture may be omitted, provided the remaining parts suffice for identifying the layout-design.
- Payment of the prescribed fee to the Patent Office.
- Specification of the date of first commercial exploitation (if applicable).
- Particulars establishing the applicant’s right to the layout-design.
Effect of Protection: The Ordinance stipulates that the following acts are unlawful without the right-holder’s authorization:
- Reproducing the registered layout-design, whether by incorporation in an integrated circuit or otherwise, except for reproducing any part that does not meet the originality requirement.
- Importing, selling, or otherwise commercially distributing the registered layout-design, or an integrated circuit incorporating the registered layout-design, or any article containing such an integrated circuit, provided it includes an unlawfully reproduced layout-design.
Infringement and Enforcement of Rights: The Ordinance provides both civil and criminal remedies for infringement. Infringement consists of performing any act reserved for the right-holder. The right-holder, or their licensee if the right-holder refuses or fails to act, may request the District Court to grant an injunction to prevent infringement or imminent infringement, award damages, and grant other relevant remedies.
Offences and Penalties: Any unauthorized person knowingly performing an unlawful act under the Ordinance is guilty of an offence punishable by up to two years of imprisonment, a fine of at least two hundred thousand rupees (approximately USD 2,000), or both. The court may also order the seizure, forfeiture, and destruction of the layout designs, integrated circuits, and any materials or implements predominantly used in committing the offence.
