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Thursday March 28, 2024

Know your IP rights

By Lubna Jerar Naqvi
December 05, 2016

French brand Chanel has been in a brand fight with an Australian chocolate company to protect its famous perfume No.5.  https://goo.gl/z09yXY.  There have been other such incidents in which brands - especially in the fashion industry - have gone to protect their logos or brands from being copied.

We saw plagiarism in the local market when Pakistani designers copied patterns and motifs literally taken off the internet and used them in "award winning" prints. https://goo.gl/nSLQe5

Intellectual Property (IP) is 'property that is the result of creativity, such as patents, copyrights'. These also include creations like inventions; literary and artistic works; designs; logos; symbols; names and images.

And protecting IP rights is not only restricted to the fashion industry but it affects many aspects of one's life, as well as the economy which is losing money to an abyss which is not giving back to the country or its people.

For people living in a country like Pakistan where the majority of the population is deprived of the most fundamental rights provided by the constitution, asking for ones Intellectual Property rights would sound quite absurd.

So it is no wonder that Pakistan ranks 126th when it comes to protection of IP rights in the Global Competitiveness Index, World Economic Forum. https://goo.gl/OTfhhr

However, if we delve deeper into the significance of IP rights, it will become apparent that a large section of the population is affected and that it is necessary to protect them. By protecting IP rights the government will be able to regulate that people are getting quality products and not being cheated of money and sometimes their lives.

Lax IP rights allow counterfeit products to be sold easily in the markets, including fake food items and medicines.

"...around two million deaths are caused due to unsafe food annually" - Secretary General, CRCP Mr. Abrar Hafeez https://goo.gl/Qv2hkL This  statement puts a grave problem faced by thousands of people in Pakistan into perspective.

Pakistan has a great market of counterfeit products i, which are being sold at a lower rate than the original. Apart from fake products, Pakistan also has "spinoff" products that look like the original and easily fool the consumers - the majority being illiterate.

Interestingly, sometimes as is the case in Pakistan, consumers are aware that they are buying fake products, but they don't seem to care as long as they are getting a bargain. Others try to satisfy themselves saying that the products are actually real but sold at a reduced price due to defective packaging or something.

They are being themselves to be swindled because they are either unaware they have rights as consumers or because they would rather save money. But the number of such consumers is probably less as a large section of society is illiterate and usually buys products by recognising the specific colours, logos or designs of the packaging. They automatically buy a product they are familiar with, without usually checking whether it is real or not.

Another interesting thing about Pakistani consumers is that many classify different brands of the same product under one name. For example if they ask for "surf" - which as we know is an actual brand of a detergent - they mean any detergent to wash clothes. The only way they differentiate between the existing brands in the market is by asking for 'red' or 'blue' surf; 'surf' with e.g. a wheel on its packet and the demand is met. These products  usually cost less than the actual product, and therefore sell more.

But the counterfeit market does not stop at detergents, there is a huge market for fake food items and even medicines. And with no regulations or laws implemented this is a flourishing market.

Many times people are aware of the dangers of consuming these fake items but they are hapless since they usually have no choice.

In a country like Pakistan which has a non-existent healthcare system and expensive medicines, the sick have no option but to buy cheaper medicines which are usually fake. There are two kinds of consumers: one that is completely unaware of the quality and authenticity of the product and buy them because the doctor has prescribed them. Or simply as in the case of a simple pain killer like say paracetamol - commonly known as the 'sher (lion) wali goli' or red 'sher wali goli' - the consumer is familiar with it.

Of course a thriving fake products industry is also depriving original producers of their rightful profit and affecting different industries which either take their business elsewhere or close down due to lack of funds.

 Industries like pharmaceuticals and medicine that are based on research have to stop work due to the lack of money to carry on.

The government needs to not only spread awareness against counterfeit products in the market but needs to pass new and stronger laws; amend and implement old ones to come down strong on the counterfeit industry. This will not only help to improve the economy but also save many lives.