Intellectual Property and Technology
This is one of our important departments of TMT, through which we provide services in complete range of IP & Tech matters, i.e., Trade Marks, Domain Names, Copyrights, Patents and Designs including searches, registrations, watching services, technoloy licensing, rendering of opinions, prosecuting court cases, and conducting of police raids. Our areas of expertise in this field include but are not limited to Pharmaceuticals, Bio-Tech and other Emerging Technologies, Brand Acquisitions, Franchise Operation, and Litigation. A brief introduction of this department is as under:
IP Litigation: IP department of TMT has full-fledged and experienced litigation wing that handles cases from trial to appellate courts. Partners offirm personally conducts / supervises the IP related litigation. No other IP law firm in Pakistan can claim to have a more experienced litigation wing.
IP Counseling: If you do not understand the difference between trademark and copyright, design and patent, it is ok, because you do not spend hours and hours every day in figuring out the intricacies of these concepts, we do. That is why we are adept at counseling clients on how to secure and exploit IP rights to the maximum benefit. The extensive legal expertise of our attorneys, coupled with the Firm's vast experience in intellectual property transactions, allows us to better understand the intellectual property problems counted by campiness in today’s environment. We advise our clients on the best strategies to protect their key intellectual assets, to evaluate litigation risks and, where possible, to avoid conflicts with the intellectual property rights of others. When a potential dispute does arise, we offer counseling regarding available dispute resolution mechanisms and strategies.
IP transactions (licensing and technology transfer agreements): The recurring emergence of new technologies has given rise to need for integration of businesses which consequently given rise to complex legal transactions involving licensing or transfer of intellectual property rights. TMT has the expertise to support intellectual property and technology transfers in a myriad of commercial settings. Our deep understanding of patents, trademarks, copyrights and the procedures for obtaining and enforcing rights these assets, permits us to approach each transaction with unique insights regarding the scope and value of the asset involved and the benefits and potential pitfalls of various transaction structures. TMT provide complete range of services in this regard, including structuring transactions, drafting/vetting the agreements and getting the same registered with concerned authorities. Our attorneys are also proficient in the use of license and other business relationships to resolve intellectual property disputes, and have negotiated favorable settlements for many clients.
International Practice: Owing to its old relationship with renowned international law firms is reciprocal and gives leverage to TMT in terms of selecting most competent and cost effective options for protecting intellectual property rights of its clients in various parts of the word.
Portfolio Management: We help our clients in assessing, building and maintaining their intellectual property portfolios. We assess the strengths and weaknesses of existing intellectual property assets of our client. We recommend steps to protect their strengths and remove their weaknesses. Once a desired level of intellectual property assets is achieved, we help our clients in maintaining the same. For new businesses, we also recommend and execute the steps involved in building a desired intellectual property portfolio. As TMT provides services in all major areas of intellectual property, therefore we are able to handle the entire intellectual portfolio and the client has not to deal with different law firms for their trademark, patent, design and copyright matters, Because Management of entire portfolio by a qualified and experienced law firm is not only cost effective rather it provides a complete peace of mind to corporation enabling to focus on its business and making better, more informed decisions regarding what to protect, how to protect it, and when and for how long to protect it. We serve the needs of businesses of every size and have worked with intellectual property portfolios of different sizes and have successfully assisted many of our long term clients, regardless of size of their portfolio, with their portfolio management issues for years to their entire satisfaction.
Product Consultation: Sale of an otherwise successful product may be jeopardized if it infringes trademark, copyright, design or patent of any competitor. Considering the costs of resolving legal disputes, the monetary penalties available against infringers, and the possibility of injunctive relief and enhanced damages, the consequences of introducing an infringing product in the marketplace can be severe. It is always advisable that before launching a new product, intellectual property rights of Competitors be identified, assessed and avoided. TMT offers product consultation services to its Pakistani clients and to its foreign clients planning to introduce a product in Pakistan. Product consultation is handled by attorneys having the appropriate background to fully understand the relevant technical features of the product, and the possible alternatives. At the time of assessment of product, if an infringement concern is identified, we guide the product development toward a non-infringing design, trademark etc. Firm's litigation experience enables us to assure a realistic assessment of the potential scope of competitive rights and the risks associated with each proposed alternative. During the consultation, we always remain mindful of the time constraints dictated by business considerations of our clients.
Trademarks: Trademark of a business is its identity. Recent globalization has even made it more significant for businesses to adopt, popularize and protect brand names in the economies where they intend to sell their products or services in future. South Asia being the most populous part of the world has always been a target of multinational corporations. Years of advertising are finally paying off and people in this part of the world have finally trying to recognize and demand famous brands.
TMT provides services to its clients which cover all commercial areas concerning trademarks almost in the whole region.
An overview of services offered by TMT in this area is under:
(Counseling and Consultation)
From the years of experience with the Trademark Registry of Pakistan and in depth knowledge of Pakistan Trademark law we advise our clients on the strength and weaknesses of their marks. If a mark is weak we recommend steps to increase the possibility of its registration and enforcement.
(Conducting Searches)
Conducting a trademark search prior to filing of a trademark application is always recommended. Considering the costs and time involved in prosecuting opposition and resolving legal disputes, it is always prudent to conduct a prior search, so that proper strategy could be formulated in advance. Even otherwise, if a search comes clean it becomes a piece of evidence and also proves extremely helpful in overcoming many possible official objections. Our firm handles both official and personal searches and renders opinions regarding search results.
(Preparation and Prosecution)
TMT has extensive experience in preparing and prosecuting trademark applications.
(Oppositions, Rectifications and Revocations)
TMT has a stellar track record in prosecuting oppositions, rectifications and revocations. Our experience in litigation distinguishes us from regular IP law firms and most of the time we are able to get desired results from these proceedings.
(Watch Services)
We offer our clients watch services that include reporting of any infringing trademark published in the official Trade Mark Journal as well as reporting any infringing trademark used in the market.
(Assignments and Licensing)
TMT provide complete range of services in this regard, including structuring transactions, drafting/vetting the agreements and getting the same registered with concerned authorities.
(Renewals)
We file a large number of renewals every year. We will keep your registration valid as long as you want it to remain in force.
(Anti Counterfeiting)
TMT is well experienced in Anti Counterfeiting laws. Our Anti Counterfeiting wing is manned by well-trained investigation staff (including retired Police Officers) and has performed numerous raids and investigations for different sectors.
Domain Names: In Pakistan Domain names have been recognized as worth protecting. Certain domain names can be registered as trademarks under the new law. TMT provides services of registration of domain names as trademarks as well as registration of domain names with “PK” extension. TMT also has the ability to negotiate, settle or prosecute domain name disputes.
Copyrights: Copyright law is a highly neglected field. People, as a routine, get their trademark registered as a copyrightable work, which registration most of the time do not serve any useful purpose. Except for this erroneous use, invocation of copyright law is a rarity in Pakistan as people do not understand the strength of protection provided by copyright registration. In addition to providing clients with counseling regarding the proprietary or otherwise of copyright registration, firm's copyright practice covers almost all aspects of copyright law. TMT offers a full range of services relating to the protection of copyrights and advises its clients regarding the registration, licensing, policing and enforcement of their copyright rights. As mentioned above, there are also trademark issues that can arise in copyright contexts. Although a work might not constitute a copyright infringement, it might be a trademark violation and vice versa. Since most of our IP lawyers are proficient in trademark law, therefore we are always able to give useful insight to our clients. Our attorneys also assist the firm's clients in the enforcement of copyright rights and against claims of infringement brought by others.
Designs: Not every new product contains a patent able invention, but most new products contain novel designs which make them prominent from the competition. This novelty is achieved by hard work and one does not want others to get benefit out of his work. The ability to protect and capitalize on innovation is becoming crucial for sustaining business growth and profitability. This is why registration of designs is becoming more and more common every day. The concept of registration of designs is still alien to Pakistani businesses and foreign multinationals also have only recently started in acquiring protection for their designs in Pakistan, therefore, there are not many law firms in Pakistan having ability and experience to handle design applications. However, despite this rarity of design applications, TMT has been filing design applications since many years. TMT is perhaps the leading law firm in Pakistan in terms of filing design applications. We render opinions as to design strategy, application filing and prosecution. We provide advice to clients who are preparing to invest in new products on the strength and the scope of the designs involved. We also render opinions for clients who may have been accused of infringement of designs.
Patents: Since the world is advancing in technologies, the ability to protect and capitalize on innovation is becoming crucial for sustaining business growth and profitability. Businesses tend to protect their innovations and attack others. We provide legal opinions for both defensive and offensive purposes. A significant portion of our patent practice is devoted to patent strategy, application filing and prosecution. We provide advice to clients who are preparing to invest in new businesses, products or technology on the strength and the scope of the patents involved. We also render opinions for clients who may have been accused of infringement. Whether your company is new to the patenting process, or has a well-developed patent program, we can help you in drafting, filing and/or prosecuting patents. Our patent section has the services of experts who have degrees including Ph.D. in scientific disciplines.