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Pakistan’s intellectual property (IP) landscape has undergone significant transformation over the years, shaped by its participation in international agreements, bilateral treaties, and regional trade blocs.

As the country strives to align its IP regime with global standards, it faces both opportunities and challenges in fostering innovation, attracting investment, and ensuring public access to essential goods.

Pakistan’s participation in international IP agreements

Pakistan is an active participant in the global intellectual property system, having ratified several key international agreements. The cornerstone of its IP framework is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which Pakistan adopted as a member of the World Trade Organization (WTO) in 1995.

TRIPS mandates minimum standards for IP protection, including patents, trademarks, copyrights, and industrial designs. To comply, Pakistan has enacted laws such as the Patents Ordinance (2000), Copyright Ordinance (1962, amended in 2000), and Trademarks Ordinance (2001).

Beyond TRIPS, Pakistan is a member of other significant agreements, including the Paris Convention for the Protection of Industrial Property (joined in 2004), the Berne Convention for the Protection of Literary and Artistic Works (acceded in 1948), and the Patent Cooperation Treaty (PCT) (joined in 2006). These agreements provide a framework for protecting industrial property, copyrights, and patents on an international scale.

Additionally, Pakistan’s membership in the World Intellectual Property Organization (WIPO) since 1977 has enabled it to access technical assistance and participate in global efforts to harmonize IP standards.

Despite these advancements, challenges remain. Enforcement of IP laws is weak due to limited resources, lack of awareness, and institutional inefficiencies. Counterfeiting and piracy, particularly in the pharmaceutical and textile sectors, continue to undermine the effectiveness of Pakistan’s IP regime. For instance, the widespread availability of counterfeit medicines and pirated software not only harms legitimate businesses but also poses serious risks to public health and safety.

Bilateral IP agreements and regional cooperation

Pakistan has also entered into several bilateral agreements that include provisions for IP protection. For instance, the US-Pakistan Trade and Investment Framework Agreement (TIFA) emphasizes cooperation on IP enforcement, particularly in combating counterfeiting and piracy.

Similarly, the Generalized Scheme of Preferences Plus (GSP+) granted by the European Union requires Pakistan to comply with international conventions, including those related to IP, in exchange for enhanced market access.

With China, Pakistan’s Free Trade Agreement (FTA) includes provisions for protecting geographical indications (GIs) and trademarks, which are crucial for promoting trade in products like Basmati rice and handicrafts. Regional cooperation within frameworks such as the South Asian Association for Regional Cooperation (SAARC) and the Central Asia Regional Economic Cooperation (CAREC) has also been explored, though progress remains limited due to political and economic disparities among member states.

These agreements highlight Pakistan’s commitment to strengthening its IP framework, but their success hinges on effective implementation and enforcement. For example, while the GSP+ status has provided Pakistan with preferential access to EU markets, maintaining this status requires continuous improvements in IP enforcement and compliance with international standards.

Adapting to contemporary challenges: TRIPS and beyond

One of Pakistan’s most significant challenges is adapting its IP laws to contemporary issues, particularly in the digital age. While the country has made strides in aligning its laws with TRIPS, gaps remain in areas such as data exclusivity and the protection of undisclosed information.

The rise of digital platforms has exacerbated issues like software piracy, online content theft, and counterfeiting, necessitating updates to the Copyright Ordinance to include digital rights management (DRM) and anti-circumvention measures.

Public health is another critical area where Pakistan has utilized TRIPS flexibilities. Provisions such as compulsory licensing have allowed the country to ensure access to affordable medicines, particularly during public health emergencies like the COVID-19 pandemic. However, balancing IP protection with public health needs remains a delicate task, especially in a country where access to essential medicines is a pressing concern. For instance, while strong patent protections encourage innovation in the pharmaceutical sector, they can also limit access to life-saving drugs for low-income populations.

Recent developments and enforcement challenges

In recent years, Pakistan has introduced several reforms to strengthen its IP regime. The establishment of the Intellectual Property Organization of Pakistan (IPO-Pakistan) in 2005 marked a significant step toward centralizing IP enforcement. Amendments to trademark and copyright laws have also been introduced to address emerging challenges, such as digital piracy and counterfeiting.

Despite these efforts, enforcement remains a major hurdle. Weak enforcement mechanisms, limited technical expertise, and a lack of public awareness about IP rights hinder progress. Counterfeiting and piracy are rampant, particularly in sectors like pharmaceuticals, textiles, and digital content. Addressing these issues requires increased funding for enforcement agencies, specialized IP courts, and greater coordination between federal and provincial authorities.

For example, the Intellectual Property Tribunal, established in 2012, has been instrumental in adjudicating IP disputes. However, its effectiveness is limited by a lack of resources and expertise. Similarly, while the Federal Investigation Agency (FIA) has been tasked with combating digital piracy, its efforts are often hampered by the rapid evolution of technology and the sheer scale of the problem.

Implications for economic development

A robust IP regime is critical for Pakistan’s economic development. Strong IP protections can attract foreign direct investment (FDI), foster innovation, and promote exports in key sectors such as technology, pharmaceuticals, and agriculture. For instance, the protection of geographical indications (GIs) can enhance the export potential of products like Basmati rice and Peshawari chappals.

However, the benefits of IP protection must be balanced with public access to essential goods. While strong IP laws encourage innovation, they can also limit access to affordable medicines and other critical products. Pakistan’s ability to leverage TRIPS flexibilities, such as compulsory licensing, will be crucial in addressing these concerns.

For example, during the COVID-19 pandemic, Pakistan utilized TRIPS flexibilities to ensure access to affordable vaccines and treatments. This not only helped mitigate the public health crisis but also demonstrated the importance of a balanced IP regime that prioritizes both innovation and public welfare.

Future policy recommendations

  1. Enhance enforcement: Increase funding for enforcement agencies, establish specialized IP courts, and improve coordination between federal and provincial authorities. Strengthening the capacity of the Intellectual Property Tribunal and the Federal Investigation Agency (FIA) should be a priority.

  2. Address public health concerns: Utilize TRIPS flexibilities to ensure access to affordable medicines while promoting local pharmaceutical innovation. This includes leveraging compulsory licensing and parallel import provisions to address public health emergencies.

  3. Adapt to the Digital Economy: Update IP laws to address challenges posed by digital innovations, including software and online content. Strengthen anti-piracy measures and promote awareness of digital rights. Collaboration with tech companies and international organizations can help develop effective strategies for combating digital piracy.

  4. Promote regional cooperation: Strengthen regional IP frameworks within SAARC and CAREC to combat cross-border counterfeiting and piracy. Harmonizing IP laws and facilitating cross-border enforcement can enhance regional trade and investment.

  5. Build capacity: Invest in training programs for IP professionals, enforcement agencies, and the judiciary. Launch public awareness campaigns to highlight the importance of IP protection. Engaging universities and research institutions in IP education can also help build a culture of innovation and respect for intellectual property.

  6. Encourage innovation and FDI: Develop policies that incentivize research and development (R&D) in key sectors such as technology, pharmaceuticals, and agriculture. Strengthening IP protections can attract foreign investment and boost exports, contributing to economic growth.

Pakistan has advanced in aligning its IP regime with global standards but faces challenges in enforcement, digital adaptation, and balancing IP protection.

Strengthening the IP framework is vital for innovation, investment, and economic growth. By addressing these issues and implementing reforms, Pakistan can unlock its IP potential and secure a brighter future. Collaborative efforts can build a balanced IP system, positioning Pakistan as a competitive global player and improving citizens’ quality of life.

Copyright Business Recorder, 2025

Dr Murtaza Khuhro

The writer is an Advocate, techno-economist and former civil servant. [email protected]

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