TODAY’S PAPER | December 01, 2025 | EPAPER

Trademarks, AI and future of Pakistan's innovation economy

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Laraib Fatima December 01, 2025 4 min read

Artificial intelligence is not just another technological phenomenon anymore; it is a force that shapes the modern global economy. The emergence of machine learning, data-driven analytics and automation has altered competitive advantage and innovation in the industry. However, as these systems gain more commerce centrality, questions regarding their protection, both legally and economically, become increasingly pressing. The border between AI, trademarks and trade secrets requires careful consideration in Pakistan, where the intellectual property legislation is still immature, and the digital age needs to be addressed.

Current AI systems are not tools but assets. They are not valuable in terms of tangible elements but in the intangible algorithms, data models and decision-making structures that stand out in them. Everything, including financial forecasting and logistics optimisation, healthcare diagnostics and targeted advertising, is kindled by the innovations that are intangible. In this kind of an economy, protection of intellectual property is not a formal process but the foundation of competitiveness.

Conventional legal processes, however, were never fashioned to this fact. An example is patents, which necessitate the publication of the inner mechanisms of an invention - something that is incongruous with the business requirement of secrecy in the AI development. A neural network cannot be covered by a copyright to protect the source code or logic or a decision path. The trademarks, however efficient in brand identity protection, do little to protect the ingenious technology behind the trademarks. This has led to the development of trade secrets as a choice of protecting artificial intelligence, as used in the world today.

In Trade Secrets as a Substitute to AI Protection: A Critical Inquiry into various aspects of Trade Secrets, Ahmed Raza, Legal Scholar, evaluates the role of trade secrecy as a viable and more popular mechanism of protecting AI innovation. Raza contends that trade secrets enable AI-powered businesses to keep proprietary information, algorithms and models secret without disclosure to others. This secrecy provides businesses with a sustainable competitive advantage because the secrecy persists as long as the information is not shared. In such areas, flexibility offers legal and strategic reinforcement.

Nevertheless, secrecy depends on price, as Raza cautions. Criminal justice, healthcare or financial industries are examples of industries that used opaque AI systems, which have ethical and legal issues of fairness and accountability. In situations where proprietary systems, which are concealed by trade secrecy, are involved in making decisions that have a societal impact, e.g. credit rating, medical diagnosis or job screening, citizens and regulators lack transparency. The issue of this conflict between creativity and openness is the core of AI governance on a global scale.

Such a discussion assumes an economic and ethical meaning in the context of Pakistan. The technological and manufacturing industries of the country are more and more reliant on brand recognition and algorithmic differentiation, where trademarks (as well as trade secrets) become critical. The trademarks assist the firms to gain consumer confidence and to differentiate the genuine items within a flooded marketplace, whereas the trade secrets safeguard their innovative procedures. They alone constitute an ecosystem capable of developing the digital and industrial competitiveness in Pakistan.

In order to achieve this potential though, reform and modernisation of the intellectual property infrastructure is necessary in Pakistan. Intellectual Property Organization (IPO-Pakistan) has done strides in terms of digital registration and awareness campaigns, yet enforcement is very poor and disjointed. The small and medium enterprises (SMEs) that constitute the foundation of the national economy are often not knowledgeable or have resources to acquire their IP rights in a good way. Devoid of legal confidence and institutional back-up, innovators in Pakistan are likely to lose their technological advantage to other firms who will be in a better position to defend and commercialize their ideas.

According to Raza, the solution must balance trade secrets, patents and copyrights with openness and privacy, allowing the inventions made in the field of AI to be answerable to society provided they are compensated. The collaborative paradigm would also aid in drawing in foreign investment because transnational companies would choose jurisdictions that have well-known and balanced IP regulations. In this regard, Raza's work has played a significant role in informing the national discourse about AI and intellectual property, covering the unanticipated divide between law and new technology. His work still motivates policymakers and practitioners who want to juggle between innovation and accountability.

So, artificial intelligence is not merely informing the future of technology, but it is transforming the economic growth infrastructure as well. In the case of Pakistan, the dilemma is that Pakistan must make sure that its legal systems develop quickly enough to safeguard innovation with no choking of the same. As it is argued by Raza, trade secrets provide flexibility and duration of time; however, they should be accompanied by transparency and ethical control. Trademarks, in its turn, can assist in the establishment of recognisable trust within a digital economy that is becoming reputation-based, as opposed to the raw material-based one. Nations that invest in their intellectual property intelligently not only fuel the economy but also determine the moral and economic outlines of the future.

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