Major step taken to punish copyright violation

Customs-IPO tie up to detect and slap penalties on illegal goods flow

ISLAMABAD: Things are finally moving in the right direction, as far as economic data gathering, sharing and analysis are concerned.

One of the largest data collecting agencies, Pakistan Customs, has struck a deal in the shape of a memorandum of understanding (MoU) with the Intellectual Property Organization (IPO). This deal is meant to allow the IPO get online data for facilitating actions taken by the Pakistan Customs against illegal movement of goods imported or exported.

The data of these actions and of these goods would enable the IPO to set its own record straight. It would have easy access to the Customs-monitored activity of companies registered with a name, patent, trademark, etc.

This movement, once captured, would enable the IPO to analyse the actual business of companies that operate through brands but indulge in patent-copying which is a crime against intellectual property rights (IPR).

The basic effort for such a deal was initiated by the Director General IPR Enforcement, Imtiaz Ahmad Khan, a senior customs official, who explained that the violation of IPR and suppression of import and production/distribution activity would now easily be detected once the regulations under this MoU are in place and online sharing of data between the two sides is started.

A mechanism is being evolved by the two sides to protect the rights of producers and distributors under the patent, copyright and trademark. At present, the violation of IPR is so flagrant that even reputed foreign companies feel threatened from those who create patents and trademarks of the similar content and shapes to steal the consumers and subscription.

A number of foreign companies that enthusiastically developed their financial and production/distribution assets in Pakistan to do lucrative business under the flag of their IPR, have closed down and left the country. This situation has long been mourned by the Pakistani bureaucracy but there has been little initiative to do something concrete.

Trademark details

The MoU states that details of registered copyright, trademarks, patents, industrial designs and other types of intellectual property would be shared by the two sides. The enforcement of IPR would be ensured through analysis of data about movement of goods to and from Pakistan.

A periodical data would be provided by the DG Enforcement about counterfeit and pirated goods and consignments detected and seized by the Customs. Details about stoppage of goods, original right owner, infringer, current status of cases and convictions would be provided to the IPO.

It is common knowledge now that goods of internationally reputed brands are made in Pakistan and are supplied not only inland but abroad too. It is the Customs that detects and seizes such supplies.

Similarly, the Customs also detects and confiscates consignments of goods produced and exported into Pakistan under spurious brands in violation of the copyright. Each member country of the International Customs Organization has to take such actions to protect the owners of IPR.

The enforcement office being run under the DG would be receiving technical assistance from the IPO and vice versa. This exercise would enable both sides to make successful detections, seize cargo and impose penalties on the violation of IPR.

Trouble-free engagement

A dispute resolution clause has also been inserted into the MoU for the IPO and the IPR Enforcement Directorate, which indicates that the engagement has been made thorough and trouble-free. If there is a dispute in supervision, analysis, etc, the DGs of the two sides would be consulting to remove irritants and make the process smooth for preventing delays.

It has been a common feature in the conduct of bureaucracy in Pakistan that when a party infringing upon the rival companies’ rights desired delay in dispute resolution, they took advantage of the absence of clauses in relevant laws that were created to ensure a swift disposal of cases.

Not in this issue though, as the DG IPR Enforcement saw to it that no irritants should come in the way of a smooth application of regulations.

The writer has worked with major newspapers and specialises in the analysis of public finance and geo-economics of terrorism 

Published in The Express Tribune, November 2^nd, 2015.

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