PROTECTION OF TRADEMARKS IN ISLAMIC LAW AND ITS VIOLATIONS IN PAKISTAN

Abstract

This article highlights several issues not only in regard to importance of trademark but also its impact on growth of economy and consumer protection. Trademark protection law is facing great challenges in Pakistan as it has failed to provide an adequate remedy to the victims. Its violations become more often when there is confusion in masses that whether under Islamic Law it falls in the definition of asset or not? Violation of intellectual property rights (IPRs) as a whole and specially trademark is one of the major reasons behind low foreign direct investment in Pakistan and also low spending on research and development in trade and business. Some sectors bear more losses and some comparatively less but overall these laws are less effective in Pakistan due to many reasons. Strong protection of trademark can lead toward a confident business environment where not only traders but also consumers will enjoy the confidence. Trustworthy situation will attract more enterprises as well as multinational firms in the country and ultimately result in growth of business and ballooning of economy. Violation of trademark casts human lives sometime. According to CNN almost 45 to 50% of the total medicines in Pakistan are counterfeited with the fake packaging. We still remember when 120 people died together by taking such fake heart medications at Punjab Institute of Cardiology Lahore in 2012. Supreme Court of Pakistan had also observed in a case The Seven-UP Company vs. Kohinoor Thread Ball Factory etc. that this is not so to merely protect the proprietor of registered trade mark but to safeguard the interest of public. Fake culture promotes dishonesty and mistrust in the society which shakes the moral values and believe upon principled life so government should play a vibrant role to curb this menace.