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 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.

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.

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.

Comparative analysis of the trade policy of Barack Obama and Donald Trump

2020 ◽  
pp. 59-71
Author(s):  
V. Iordanova ◽  
A. Ananev
Keyword(s):  
United States ◽  
Economic Development ◽  
Comparative Analysis ◽  
Trade Policy ◽  
World Economy ◽  
The United States ◽  
Barack Obama ◽  
Scientific Article ◽  
Donald Trump ◽  
Entire World

The authors of this scientific article conducted a comparative analysis of the trade policy of US presidents Barack Obama and Donald Trump. The article states that the tightening of trade policy by the current President is counterproductive and has a serious impact not only on the economic development of the United States, but also on the entire world economy as a whole.

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