Thursday, 10 April 2014

Seminar on Trademark Registration Challenges and IP Issues in Afghanistan held on April 10, 2014

PAJCCI collaborated with Ali & Associates and organized a half day seminar in Karachi which covered following topics.

• IP issues in Afghanistan
• Important considerations for both traders and businesses while entering into Afghanistan, which important organizations and registrations they must do to avoid issues.
• Distribution monopoly in Afghanistan, related challenges and how to overcome them via proper contractual bindings.

Speaker Profile:

ALI KABIR SHAH - Partner, Ali & Associates

Mr. Shah is a trial lawyer specializing in commercial and corporate affairs and is a member of the firm’s acclaimed litigation practice. With his superb knowledge of the market Mr. Shah brings a fresh approach to the law and the firm. He has also represented various associations negotiating with government ministries and agencies.

Mr. Ali Kabir Shah graduated from the University of Kent from where he received Masters in Public International Law and International Relations and Bachelors in Law with honors.

Prior to joining the firm Mr. Shah was an International Law researcher based at the University of Kent and worked on the Copy South Project – a multi-university academic project that assessed the impact of International Intellectual Property Regulations on local cultures in developing countries.

Areas of Specialization

Specializes in commercial and corporate affairs and advises leading national and international companies on commercial and corporate matters with specialized focus on IP, media and technology.

Achievements

• Counselor Asian Patent Attorney Association; Pakistan representative on APAA Patent Committee.
• Represented the Pakistan Pharmaceutical Manufacturers' Association during negotiations on implementation of Data Protection and Patent Linkage laws
• Member Advisory Board, Concern for Children Trust.
• Delegate International Visitor's Leadership Program U.S.-Department of State on Rule of Law in Pakistan.

Professional Affiliations

• International Trademark Association (INTA)
• Asian Patent Attorney Association (APAA)
• European Association representing the interests of Trademark owners (MARQUES)
• International Bar Association (IBA)
• Pakistan Intellectual Property Rights Association (PIPRA)
• Sindh Bar Council
• Karachi Bar Association

Program Summary:

(KARACHI) “It is vital to register Trade brand or Trade Mark before engaging into business activities”. This was stated by Mr. Ali Kabir Shah while speaking at a seminar organized by PAJCCI in collaboration with Ali & Associates.  He added that trade balance between Pakistan and Afghanistan is immense and in this context it is highly important that companies should focus on Trade Mark registration on prompt basis else their identities may be misused or registered by other parties on first mover advantage.

Ali further elaborated that this law has been into implementation since 2008 only therefore still Afghanistan does not have solidified forum to eradicate fake registrations. At this instance, Mr. Zeeshan Ibrahimi, Commercial Attache – Afghan Consulate in Karachi specified that official trade figures between the two countries is $ 2.5 billion but actual trade goes beyond $ 5 billion therefore it’s imperative that such issues may be dealt with proactively so that trade between the two is not harmed. He stated that Afghan government and relevant ministries are working zealously to curb this menace and developing proper policies to stop arrival of fake products.

Mr. Karimullah Adani, Partner, Ali & Associates requested Commercial Attache to facilitate them in accessing trade journals depicting registered Trade Marks in Afghanistan. As in most of the countries this information is available online but in Afghanistan it is released in form of trade journal which is only in Dari language making it difficult and time-consuming to decipher the information. In case any registration is to be challenged on behalf of the client, lawyers and consultants face immense difficulties as the time to challenge is only one month that is spent in accessing the trade journal first then translation is proceeded with which reduces the available time at hand. In other countries, though, time available to challenge is 2 months plus 2 months, depending on the scenario.

Ms. Faiza, Secretary General PAJCCI concluded the session by elaborating on cases faced by PAJCCI members in Afghanistan and related arbitrations conducted by PAJCCI in this context. PAJCCI intends to continue with such sessions in future in Peshawar, Lahore and Quetta.