IPO-Pakistan shifts into high gear

Following the promulgation of a presidential ordinance in December 2005, the Intellectual Property Organisation of Pakistan emerged as the sole body for protection and enforcement of intellectual property rights in the country. After passage of nearly six years, and despite being under the administrative control of the cabinet division, the IPR track record of Pakistan looks unsatisfactory. For its inadequate and ineffective policies to protect and enforce IPR, Pakistan was placed on a Priority watch list, among 11 other countries, by the office of the United States Trade Representative, in May 2011. Being on that list can hurt the bilateral trade ties between the US and Pakistan, which stood at $5.4 billion during 2010 with Pakistan exporting goods worth $3.5 billion mostly textile-related. Pakistan doesn fare well among its regional peers either. The Global Competitiveness Report (2011-12) ranked Pakistan below China, India and Sri Lanka on IPR protection. While the USTR appreciated the enhanced cooperation between industry and IPO-Pakistan, it noted that "widespread copyright piracy and trademark counterfeiting persists. Further work is needed to reform Pakistans copyright law. IPO-Pakistan has largely been in slumber since its inception, however, the current management seems to realise the gravity of situation. IPO-Pakistan has been operating without a legal cover since the lapse of 2005 ordinance. A draft IPO ordinance, prepared by the organisation, has been approved by the cabinet division and is currently in the vetting process at the Ministry of Law and Justice. IPO-Pakistans spokesperson told BR Research: "After vetting is done, the draft would be sent to the Presidency and hopefully get signed into an ordinance. Thereon, provincial stakeholders will be consulted and after that, the ordinance would go to the Parliament for enactment". The draft proposes interesting measures, which may endow the organisation with wings and teeth, both necessary to shake things up. IPO-Pakistan has proposed that the policy board of the organisation should constitute high-ups from the Ministry of Interior, FBR, and regulators such as PTA and PEMRA. The objective is to have across-the-board participation and ownership of IPR-related policies and decisions. IPO-Pakistan is also seeking establishment of dedicated IPR tribunals in provinces for nationwide IPR protection and enforcement. This would expedite dispute resolution and quick enforcement of decisions. As for enforcement, IPO-Pakistan wants relevant law-enforcement agencies to enforce its mandate. Enforcement would be undertaken through FIA, police and customs authorities, through special IP cells in these departments. Bright officials would be sent on foreign training and appointed in these cells. The organisation is also lobbying the government to make IPR violation a penal offence. IPO-Pakistan has proposed to increase the financial penalty up to 5 million, with imprisonment up to 10 years for infringements of serious nature of IPR, especially in medicines and food. "Through reforms in new ordinance and collaboration with the industry, our immediate goal is to get Pakistan out of the USTR priority watch list within one year", said the spokesperson. IPO-Pakistan also plans to engage the chambers of commerce in major cities. A nationwide awareness campaign for IPR protection and its benefits for the businesses and the economy are also in the works. It is high time that the authorities and private sector should put IPR protection at the heart of their policy and business decisions. While the security conundrum and energy crisis may be resolved sooner or later, it is the countrys abysmal IPR profile which will likely discourage foreign investment, impede doing business and affect economic growth in the medium to long term.