Brand equity and commercial reputation built over decades can be severely damaged within days by counterfeit manufacturers producing deceptively similar logos, packaging, or brand names in Pakistani markets.
Under the Trademarks Ordinance 2001, registered trademark owners possess statutory exclusive rights. When infringement occurs, brand owners can file an Intellectual Property Suit before the High Court of Sindh to seek immediate injunctive relief.
The High Court routinely grants ex-parte interim injunctions restraining infringers from manufacturing or selling counterfeit products. Furthermore, the court appoints a High Court Commissioner accompanied by police authorities to conduct surprise raids on counterfeit factories, seal machinery, and confiscate fake stock.
In addition to civil injunctions, trademark infringement constitutes a criminal offence under the Pakistan Penal Code, enabling simultaneous police FIRs and customs border enforcement to stop import/export of fake goods.
Our intellectual property practice at Naich Law Firm manages trademark registration with IPO Pakistan, conducts opposition proceedings, and enforces High Court anti-counterfeiting suits.
Practical Key Takeaways for Litigants & Clients
- Prior trademark registration with IPO Pakistan provides statutory presumption of ownership.
- High Court Commissioners conduct surprise factory raids to seize fake stock and machinery.
- Ex-parte interim injunctions halt counterfeit sales immediately across Pakistan.
- Damages and account of profits can be awarded against intentional brand infringers.
- Customs border enforcement prevents international export of counterfeit items.