scholarly journals Administrative Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2019 ◽  
Vol 2 (1) ◽  
pp. p113
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Intellectual Property ◽  
Administrative Authority ◽  
Goods And Services ◽  
Administrative Procedure ◽  
The People ◽  
Trademark Registration ◽  
Prompt Action ◽  
Similar Kind

Trademark is one of the component of Intellectual Property (IP). It is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Trademark enforcement procedures including administrative procedure must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Administrative procedure starts when application for trademark registration is opposed by the registered trademark owner before the concerned administrative authority. Trademark registration authorities are: (i) Trademark Registry under Intellectual Property Organization of Pakistan (IPO-Pakistan) in Pakistan, (ii) Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia, and (iii) United States Patent and Trademark Office (USPTO) in United States of America (USA). The registered owner of trademark may apply before the concerned administrative authority against the registration of identical trademark by adopting administrative procedure of trademark enforcement. This study is qualitative method of research a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA, it is found that there are only three IP Tribunals in Pakistan and there is a need of more IP Tribunals which is required to give its decision within 90 days resultantly saves time and money of the people. It is also found that there is Trademark Trial and Appeal Board at USPTO, where appeal against decision of the Registrar may be filed by the aggrieved party thus a similar kind of body is required to be established at Trademark Registry in Pakistan. Furthermore, IP experts should be hired at IP Tribunal and at Trademark Registry for smooth implementation of administrative procedure of trademark enforcement in Pakistan.

scholarly journals Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2019 ◽  
Vol 3 (2) ◽  
pp. 95
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Intellectual Property ◽  
The United States ◽  
Civil Procedure ◽  
District Court ◽  
Registered Trademark ◽  
Goods And Services ◽  
Civil Suit ◽  
Prompt Action

<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>

scholarly journals Provisional Measures of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2021 ◽  
Vol 4 (1) ◽  
pp. p7
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
United States Of America ◽  
World Trade ◽  
Qualitative Method ◽  
Trademark Law ◽  
Goods And Services ◽  
Administrative Procedure ◽  
Injunctive Relief ◽  
Prompt Action

Trademark is mark, name, sign, smell or a sound distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Provisional Measures of trademark enforcement is a measure initiated by the owner of trademark during civil or administrative procedure of trademark enforcement to prevent further counterfeiting of his trademark and to protect evidence he relies upon during civil or administrative procedure of trademark enforcement. Provisional Measures of trademark enforcement in member states of World Trade Organization (WTO) must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Provisional measures of trademark enforcement is a civil procedure where owner of trademark may ask the Court to prevent counterfeiter from trademark counterfeiting. This study is qualitative method of research a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA, it is found that Lanham Trademark Act 1946 is comprehensive trademark law of United States of America (USA) prescribed grounds to grant and refuse to grant injunctions to prevent trademark counterfeiting. It is also found that there is a requirement in Lanham Trademark Act 1946 for a person against whom injunctive relief is passed to submit report in writing about manner and method of compliance with injunction order. These findings are required to be prescribed in trademark law of Pakistan for betterment of provisional measures of trademark enforcement.

Intellectual Property Rights and Ethics in Archaeology

2008 ◽  
Vol 30 (3) ◽  
pp. 38-41
Author(s):  
H. Hale
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Southeastern United States ◽  
The People ◽  
Maritime Environment

I began working as an ethnoarchaeologist in Yarsuit, also known as Kuna Yala, or Commarca de San Blas in 1995. I was interested in studying how a population living in a tropical, maritime environment formed middens with their refuse. I wanted to know what they considered refuse, when it became refuse, and how the people disposed of it. This information would be used to offer insights for valid interpretation of midden samples from the coastal peninsulas along the Georgia, Florida, and Alabama coastline in the Southeastern United States.

scholarly journals The Good, Bad, and Ugly of Populism: A Comparative Analysis of the U.S. and Slovakia

2017 ◽  
Vol 17 (2) ◽  
pp. 166-183 ◽  
Author(s):  
Aaron T. Walter
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Political Parties ◽  
Political Process ◽  
The United States ◽  
Political Campaigns ◽  
Late Nineteenth Century ◽  
Neoclassical Realism ◽  
The People ◽  
Personalization Of Politics

Abstract The dynamics of political campaigning is as unique as the people and party platforms that inhabit the campaign period. The progress of certain political personalities or of political parties themselves insure a positivity to the political process in contrast to statism. Not all change is welcome surely, but the fact that such activity occurs within pluralist democracy is a sign of vitality in both practice and principle. One such change in recent political campaigns has been the increased popularity of candidates and parties espousing populist platforms and rhetoric. While in the United States, such represented interest is historically based from the late nineteenth century, in Slovakia it is more recent, but no less significant in its historical roots. In the following paper the methodology of a comparative analysis is employed to investigate populism within the United States and Slovakia while utilizing the theoretical context of neoclassical realism that has populism in the national context: personalization of politics, catch-all policies, media centricity, professionalization and political marketing.

U.S. and China: The world's high-tech industry pre-eminent powers. A comparative analysis of positions

2021 ◽  
Vol 19 (3) ◽  
pp. 400-428
Author(s):  
Irina A. RODIONOVA ◽  
Aleksandra A. UGRYUMOVA
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Industrial Development ◽  
The United States ◽  
High Tech ◽  
High Tech Industry ◽  
Goods And Services ◽  
The World ◽  
Knowledge Intensive ◽  
World Industry

Subject. This article deals with the issues related to industrialization and spatial realignment of forces in the world industry architecture at the regional and global levels. Objectives. The article aims to describe the processes in the modern manufacturing industry and show the growth of China's share in the global production and export of knowledge-intensive and high-tech industry products in comparison with the indicators of the United States, the previous world industry leader. Methods. For the study, we used a comparative analysis. Results. The article compares the changes in industrial development indicators of the United States and China since the beginning of the 21st century and defines the positions of these countries in the development of knowledge-intensive and high-tech goods and services. Conclusions. China came out on top in the world concerning the export of all groups of high-tech goods and services. It is also the leader in global production and exports of medium- and high-tech products. China is slightly inferior to the United States in the production of high-tech industry products with the most intensive use of engineering development.

E-Marketplace Regression of National Trucking Exchange

2011 ◽  
pp. 413-417
Author(s):  
Hope Koch
Keyword(s):  
United States ◽  
Critical Mass ◽  
The United States ◽  
Business Environment ◽  
Transportation Industry ◽  
Goods And Services ◽  
The People ◽  
Unused Capacity ◽  
Business To Business

This article discusses a business-to-business (B2B) electronic marketplace’s (e-marketplace’s) turnaround. National Trucking Exchange (NTX), a pseudonym, became one of the first true B2B e-marketplaces when it transferred its dial-up exchange to the Internet in 1996 (Patsuris, 2000). For 5 years, NTX struggled to conduct transactions. When the business environment changed and NTX incorporated powerful organization’s preferences, its turnaround began. NTX’s experience shows how using power and overcoming competition facilitates bringing a critical mass of competitive organizations together to form an information-technology initiative benefiting the entire industry. The article discusses NTX’s background, describes its business, and offers lessons from NTX’s turnaround. These insights are based on a case study (Dube’ & Pare’, 2003; Eisenhardt, 1989) of NTX’s B2B e-marketplace. The study spanned the dot-com boom, bust, and stabilization. The research included field visits with NTX, its organizational members, and a buyer and a seller that declined NTX’s membership invitations. Data collection included participant observations, system demonstrations, interviews, surveys, and internal and external document reviews. We interviewed the people in each organization responsible for the organization’s NTX participation. NTX is a B2B e-marketplace for the United States transportation industry. B2B e-marketplaces bring together businesses wishing to sell and those wishing to buy goods and services. They promise trading communities increased business purchasing efficiency and economy by replacing traditional, limited seller-buyer networks with a B2B e-marketplace with many more sellers competing on cost, quality, and service. Sellers can contact more buyers more efficiently. NTX’s founder and a venture capitalist group formed NTX in 1994 to solve the transportation industry’s unused-capacity problem. Unused capacity occurs when carriers deliver products along their routes and their remaining trailer capacity is empty (Patsuris, 2000). The American Trucking Association estimates that United States carriers travel 12% of their miles without a payload (Patsuris).

Introduction

2010 ◽  
Vol 53 (2) ◽  
pp. 3-5 ◽  
Author(s):  
Elizabeth Schmidt
Keyword(s):  
United States ◽  
Good Governance ◽  
The United States ◽  
President Obama ◽  
Popular Imagination ◽  
Goods And Services ◽  
The People ◽  
Health Strategy ◽  
New Policies ◽  
The Military

The euphoria greeting the election of Barack Hussein Obama as the forty-fourth president of the United States seized the popular imagination in Africa, much as it did in the U. S. There was hope and enormous goodwill on the continent, derived from President Obama's special tie to Africa—the dreams from his father that he has translated so eloquently. There was hope that the Obama administration would initiate new policies based on mutual respect, multilateral collaboration, and an awareness that there will be no security unless there is common security—and also that security must be broadly defined, extending beyond the military to include the environment, the economy, and health, as well as political and social rights. Yet as many anticipated, given the enormous and wide-ranging problems confronting the new administration, Africa has not been front and center on its agenda. Although President Obama visited Egypt in June and Ghana in July 2009, only a few months into his presidency, Africa has not become a centerpiece of his foreign policy.In his much-publicized speech in Accra, President Obama lauded Ghana for its “repeated peaceful transfers of power,” declared that “development depends on good governance,” and urged Africans to take responsibility for their continent: “to hold [their] leaders accountable, and to build institutions that serve the people.” He pledged that the United States would support their efforts and committed his administration to opening the doors to African goods and services in ways that previous administrations have not. He pledged $63 billion to a new, comprehensive global health strategy that would promote public health systems and combat HIV/AIDS, malaria, tuberculosis, polio, and other devastating diseases. In the months that followed, he pledged to double American foreign aid to $50 billion a year and to develop a multilateral program to combat hunger.

E-Marketplace Regression of National Trucking Exchange

2011 ◽  
pp. 1138-1144
Author(s):  
Hope Koch
Keyword(s):  
United States ◽  
Critical Mass ◽  
The United States ◽  
Business Environment ◽  
Transportation Industry ◽  
Goods And Services ◽  
The People ◽  
Unused Capacity ◽  
Business To Business

This article discusses a business-to-business (B2B) electronic marketplace’s (e-marketplace’s) turnaround. National Trucking Exchange (NTX), a pseudonym, became one of the first true B2B e-marketplaces when it transferred its dial-up exchange to the Internet in 1996 (Patsuris, 2000). For 5 years, NTX struggled to conduct transactions. When the business environment changed and NTX incorporated powerful organization’s preferences, its turnaround began. NTX’s experience shows how using power and overcoming competition facilitates bringing a critical mass of competitive organizations together to form an information-technology initiative benefiting the entire industry. The article discusses NTX’s background, describes its business, and offers lessons from NTX’s turnaround. These insights are based on a case study (Dube’ & Pare’, 2003; Eisenhardt, 1989) of NTX’s B2B e-marketplace. The study spanned the dot-com boom, bust, and stabilization. The research included field visits with NTX, its organizational members, and a buyer and a seller that declined NTX’s membership invitations. Data collection included participant observations, system demonstrations, interviews, surveys, and internal and external document reviews. We interviewed the people in each organization responsible for the organization’s NTX participation. NTX is a B2B e-marketplace for the United States transportation industry. B2B e-marketplaces bring together businesses wishing to sell and those wishing to buy goods and services. They promise trading communities increased business purchasing efficiency and economy by replacing traditional, limited seller-buyer networks with a B2B e-marketplace with many more sellers competing on cost, quality, and service. Sellers can contact more buyers more efficiently. NTX’s founder and a venture capitalist group formed NTX in 1994 to solve the transportation industry’s unused-capacity problem. Unused capacity occurs when carriers deliver products along their routes and their remaining trailer capacity is empty (Patsuris, 2000). The American Trucking Association estimates that United States carriers travel 12% of their miles without a payload (Patsuris).

The Geography of Federal Fiscal Politics in the United States of America: An Exploration

1983 ◽  
Vol 1 (4) ◽  
pp. 377-400 ◽  
Author(s):  
J C Archer
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Federal Spending ◽  
Substantial Portion ◽  
Goods And Services ◽  
Pork Barrel ◽  
The People ◽  
The Usa ◽  
Geographical Element

Two of the major tasks of government are representing the interests of citizens and making budgetary allocations for the provision of public goods and services. In the United States of America, these two tasks are interdependent and both have a territorial base; elected members represent particular parts of the country and, in performing their representational role, advance the interests of the people living in the areas they represent. The result, according to both popular and academic theory, is pork-barrel politics, whereby representatives seek to direct a substantial portion of that part of the budget under their control to the benefits of their constituents. Academic analyses seeking the consequent geographical element to federal spending in the USA have failed in general however to substantiate that hypothesis. In this paper, I review that literature and suggest reasons for the failures.

scholarly journals Apa Itu Ekonomi dan Mengapa Kita Membutuhkannya?

2011 ◽  
Vol 2 (2) ◽  
pp. 798
Author(s):  
Heri Sukendar Wong
Keyword(s):  
United States ◽  
Economic Crisis ◽  
Modern Society ◽  
The United States ◽  
Economic Policies ◽  
Community Groups ◽  
Economic Problems ◽  
Goods And Services ◽  
The People

This paper aims to explain what the problems of modern society in meeting the necessities of life and efforts in improving their welfare. Determination of the wrong economic policies undertaken by a group of people will result in suffering for the people themselves, and even spread to other communities where the economic linkages between groups of people so closely with one another. The economic crisis experienced in the United States that occurred in the year 2007 till now influent to other countries. Economic problems arise because of scarcity, which resulted in the society should allocate its resources efficiently and optimally. The differences of geography, talent and expertise of community groups demanding to produce goods and services into its superiority. Raises production specialization trade, and commerce will take place efficiently with the help of money. Everything is dedicated to improving the welfare of society itself.

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