Sahar Iqbal
Akhund Forbes, Karachi
sahar.iqbal@akhundforbes.com

AI-generated inventions and patent eligibility

The emergence of artificial intelligence (AI)-generated inventions, which has led to heated discussions about patent eligibility, is one of the most urgent issues of the day. In Pakistan and many other jurisdictions, the issue of whether AI-conceived ideas are eligible for patent protection is still up for debate. Similarly, blockchain technology is becoming a potent instrument for protecting intellectual property (IP). It has drawn a lot of attention due to its potential to completely transform copyright protection and digital rights management. Notwithstanding these developments, Pakistan’s current IP regime is still insufficient and desperately needs to be changed to keep up with the swift advancement of these technologies.

Current IP legislation in Pakistan

The foundation of IP protection in Pakistan has historically been provided by the Trade Marks Ordinance (TMO) 2001,^[1] the Copyright Ordinance (CO) 1962^[2] and the Patents and Designs Act (PDA) 2000.^[3] However, due to inadequate enforcement methods, these laws do not match international standards, making IP protection challenging.

Counterfeit goods and trademark infringement

The widespread sale of counterfeit products, particularly in sectors like electronics, apparel and pharmaceuticals, is a significant problem in Pakistan. Despite legislation, such as the Counterfeit Goods Act (CGA) 2019 and the TMO, counterfeiters thrive due to weak enforcement, frequently imitating packaging and the representation of existing products in order to trick customers. Because of a lack of awareness and insufficient enforcement, trademark infringement is still a major issue. Furthermore, certain firms are now at risk of being the victim of online infringements due to the growth of digital piracy, which includes illicit streaming and downloading, surpassing the protections provided by the CO. Global pharmaceutical firms and public health are impacted by generic drug issues, which also pose a challenge to patent protection, particularly in the pharmaceutical industry.

Weak enforcement and inadequate IP protection

Inadequate enforcement methods in several areas, including monitoring systems, IP tribunals and customs, make Pakistan’s IP laws less effective than they could be. Even with the creation of specialised IP courts and the Intellectual Property Organisation of Pakistan, the legal system finds it difficult to keep up with new developments in technology. For example, blockchain technology and AI-generated ideas present new difficulties. AI-generated creations are not adequately protected by Pakistan’s current laws, such as the Patents and Designs Act 2000, which only acknowledges human inventors. Likewise, blockchain-based technologies, like decentralised copyright management systems, are not covered by the CO.

The need for legal reform to respond adequately to the risks posed by emerging technologies

Pakistan needs to make immediate legal changes in light of these issues in order to update its IP laws to reflect the realities of blockchain, artificial intelligence and other cutting-edge technology. Conforming to global norms, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement,^[4] is crucial. Furthermore, while preserving green technologies is becoming more and more important globally, Pakistan’s current laws, such as the PDA, do not include provisions for ecologically friendly ideas, which are becoming more and more well-known globally. Because the TMO is ill-prepared to manage these new kinds of IP, non-traditional trademarks like sound marks and holograms also present difficulties.

Challenges in regard to Pakistan’s IP system

Even though there have been some advancements, including the ratification of the Lisbon Agreement’s Geneva Act^[5] and the establishment of the IP Tribunal in 2020, Pakistan’s legal system still faces many obstacles. These include an outdated legal system, insufficient judicial knowledge and a failure to enforce procedures. Pakistan has to embrace emerging technology, strengthen its enforcement mechanisms and prioritise enacting comprehensive changes to the relevant laws in order to solve these problems and promote innovation, while ensuring efficient IP protection.

The impact of blockchain and AI on IP administration

Technologies like blockchain and artificial intelligence have made IP administration more difficult globally. For instance, the conventional idea of a ‘human inventor’ in patent law has been called into question by AI-generated inventions. Pakistan’s legal system must determine whether to acknowledge AI as an inventor, as the technology becomes more integrated into innovation. Digital rights management could be revolutionised by blockchain technology, but there is a regulatory vacuum because flexible copyright management solutions are not considered by the CO.

Exploring AI-powered IP enforcement technologies

Pakistan has started investigating AI-powered IP enforcement technologies, including systems for managing patent portfolios and identifying infringements. The existing legislation, such as the CO and the TMO, is ill-prepared to deal with these novel forms of IP protection. Despite being a signatory to numerous international IP agreements, such as the TRIPS Agreement, Pakistan has not been prompt in implementing these agreements. Rapid technical improvements in IP law globally have presented issues that have not been entirely addressed by the International Protection Organisation Pakistan Act 2012.

Strides in IP law and obstacles to overcome

Pakistan has made some strides towards updating its IP laws, but there are still many obstacles to overcome. Ineffective enforcement, outdated legal systems and a lack of judicial experience impede the effective protection of IP in the country. Pakistan needs to embrace emerging technologies, prioritise legal reforms and encourage innovation in both traditional and non-traditional IP areas in order to address these challenges. To develop a dynamic IP system that fosters growth in the digital age, cooperation between legal, technological and business sectors will be crucial.