Border Measures of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

Border measures of trademark enforcement is an administrative method required to be implemented through executive and administrative customs authority of Pakistan, Malaysia and United States of America (USA). Border measures of trademark enforcement runs under Customs Act 1969 and Trade Marks Ordinance 2001 in Pakistan, under Customs Act 1967 and Trade Descriptions Act 2011 in Malaysia and under Tariff Act 1930 and Lanham Trademark Act 1946 in USA. Trademark is name, mark, smell, sign, or a sound distinguishes services and goods of one undertaking from services and goods or other undertakings, it is required to be non-descriptive, distinctive and losses its distinctiveness when registered owner of trademark does not take prompt and speedy action against its infringement. The registered owner of trademark may avail administrative, civil, criminal procedures, provisional and border measure for protection of his registered trademark. Border measure is required to be adopted by registered trademark owner when there is likelihood of exportation and importation of suspected infringed goods which contains suspected identical infringed trademark. This article is qualitative method of research as it focusses on comparative analysis of border measures of trademark enforcement in Pakistan, Malaysia and USA. The purpose of border measure is to prevent importation and exportation of infringed goods through administrative customs authority on its own or on application and complaint of registered trademark owner. After comparative analysis of border measure of trademark enforcement in Pakistan, Malaysia and USA, it is found that the owner of registered trademark should be required to furnish his details and details of his registered trademark and prescribed goods or services before administrative customs authority immediately after registration, thereupon the customs authority would promptly act on importation and exportation of counterfeiting trademark goods

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

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

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

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

Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention

Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan

Protection of Performers’ Rights in Indonesian Copyright Law: Copyrighted Works Uploaded to YouTube

The Beijing Treaty allows performers to benefit from using audiovisual fixation for commercial purposes. This treaty is the first treaty specifically to protect against the head of the show. Indonesia has ratified the Beijing Treaty in order to give protection to the performers. There are provisions that performers can maintain moral rights until death (but not after death) and until the end of economic rights and refuse all forms of distortion, excision and modification that damage the reputation of performers. This article analyses the protection of the rights of performers whose works were uploaded without permission to YouTube under Indonesian Copyright Law 2014. This research is normative juridical research with a conceptual and statutory approach. The result is that the show performers’ performance rights under the Beijing Agreement have been adopted in the 2014 Indonesian Copyright Act, even though there are some differences in defining the fixation and scope of the show rights to the fixed performance terms. The 2014 Indonesian Copyright Law has indefinitely maximised the protection of performers' moral rights. Moreover, the Indonesian Copyright Law 2014 Act No. 28 states that the rights of performers cannot be eliminated or cannot be removed for any reason, including their economic rights, such as a  right to carry out themselves, give permission, prohibit broadcast or communication the performance to other parties, come under by using online media. Therefore, when an illegal act such as uploading the performance of performers without permission violates Copyright Law, dan perpetrators can be sued

Society 5.0: A New Challenge to Legal Norms

Society 5.0 is a new term used to indicate the future world. This society is based on ubiquity, learning machines, the internet of things, big data, cloud computing, cryptography, and biometrics. All these technologies will be merged to create a new mode of life. The new way of life will inevitably influence human beings’ values, concepts, and conduct. The result of these changes will consequently bring challenges to many legal areas. This paper addresses the challenges that brought society 5.0 to legal norms. It utilises the analytical approach to examine the capability of pre-existing legal norms to cope with new realities created by society 5.0. The paper analyses the legal implications of society 5.0 in their sociological context. It presents a jurisprudential vision to establish legal norms compatible with the new society. Three fundamental principles should be considered to establish new legal. First, social facts that trigger legal regulation can simultaneously occur in multiple places. Secondly, what the study called duality of legal rules will not survive in society 5.0 era. Third, the paper turns the spotlight on new intelligent systems which may introduce new law addressees

Review of Trademark and Its Enforcement Provisions under TRIPS

Trademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things, e.g., enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions, e.g., lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS

Literasi perundangan media baharu dalam kalangan belia

Fungsi utama kewujudan suatu undang-undang ialah untuk menjamin kesejahteraan diri, masyarakat serta sesebuah negara. Dalam skop penggunaan internet, terdapat lima undang-undang yang mengawalnya seperti Akta Tandatangan Digital 1997, Akta Jenayah Komputer 1997, Akta Komunikasi dan Multimedia 1998, Akta Perlindungan Data Peribadi 2010 dan Akta Fitnah 1957. Perundangan media baharu ini bertujuan mengawal segala jenis penyalahgunaan media sosial yang dilihat semakin berleluasa akhir-akhir ini. Justeru, kajian ini bertujuan mengetahui tahap kefahaman dan kesedaran golongan belia mengenai perundangan media baharu. Dari segi metodologi, kajian ini menggunakan pendekatan kuantitatif untuk mendapatkan data kajian yang berkualiti. Dalam kajian ini, responden terbahagi kepada dua kumpulan, yang pertama terdiri daripada kalangan belia, majoritinya belia di Universiti Kebangsaan Malaysia. Sebanyak 227 set borang soal selidik telah diedarkan kepada responden kumpulan pertama ini. Manakala, bagi responden kumpulan kedua ialah mahasiswa dan mahasiswi di Politeknik Ungku Omar, Ipoh, Perak. Seramai 80 responden yang terlibat menjadikan jumlah keseluruhan responden dalam kajian ini ialah 307 responden. Hasil kajian mendapati majoriti belia mepunyai pengetahuan yang baik mengenai konsep media baharu. Selain itu juga, majoriti responden iaitu golongan belia juga menyedari serta memahami undang-undang berkaitan media baharu secara umum sahaja. Sungguhpun begitu, apabila menyebut beberapa jenis atau nama undang-undang berkaitan media baharu, majoriti responden masih berada pada tahap literasi perundangan yang sederhana

PROSPECT AND CHALLENGES OF USING ONLINE MEDIATION IN RESOLVING DOMESTIC VIOLENCE IN MUSLIM FAMILY DISPUTES IN MALAYSIA

Purpose of study: This article aims to review the challenges of Muslim family disputes in Malaysia resolving the disputes with the history of violence and analyse what online mediation may offer to overcome the said problem. Methodology: The methodology used in this article is qualitative research. The data had been collected by reviewing relevant mechanisms of resolving Muslim family disputes in Malaysia through the relevant books, articles, proceedings and relevant Acts existed in Malaysia. Result: The finding of this research is mediation is not an appropriate mechanism to resolve Muslim family disputes with the history of violence because it will cause more injustice to the victim. Thus, this paper concludes by suggesting online mediation as another alternative to resolve family disputes. Applications of this study: The study can be useful to enrich the current literature of resolving Muslim family disputes in Malaysia. Novelty/Originality of this study: The originality of this research is introducing a new mechanism to resolve Muslim family disputes which the current mechanism could not offer

Judges’ Acceptance of Sharia-Inspired Laws in Indonesia

It is fascinating how customary laws are accepted by judges in the Indonesian legal system. In Aceh, particularly, its customary law is inspired by sharia or Islamic law. In addition to the national law, this law also influences judges’ consideration in making their decisions. According to Van Den Berg’s theory of receptio in complexu, Islamic law has been recognized in Indonesian legal system as a customary law. This article tries to find out how judges accept sharia-inspired customary law to pass their decisions. The research used normative-legal method. Based on the research results, the author concluded the judge’s acceptance of customary law could be seen from a Sharia Court decision related to customary disputes. This decision was passed by the Takengon Sharia Court under No. 269/Pdt.G/2017/Ms-Tkn dated May 2, 2018. It concerned with the division of joint property. This decision referred to Islamic law in giving each party a half of the total assets after being deducted by the joint debts. This decision strengthened the foothold of Islamic law in customary law and national law enforcement, especially in Aceh Province. However, it would be a different case if the customary law was in conflict with Islamic law. In such a case, the panel of judges would not accept the customary law. An example of this was the case of adopted children. Rather than receiving an inheritance, as in the traditional parental communities, they would only receive a mandatory will. One of such decisions was the Aceh Sharia Court’s Decisions No. 125/Pdt.G/2011/MS and No.084/ Pdt.P/2016/MS.Bna