Evolution, Institutional Reforms and Enforcement Challenges of Intellectual Property Rights in Pakistan: A Critical Analysis in the Context of CPEC and TRIPS Compliance

Abstract

Pakistan’s intellectual property (IP) regime has undergone remarkable transformation over the past two decades, driven by obligations under the TRIPS Agreement and the need to create an attractive investment climate for the multi-billion-dollar China–Pakistan Economic Corridor (CPEC). The establishment of the autonomous Intellectual Property Organization of Pakistan (IPO-Pakistan) through the IPO-Pakistan Act, 2012 consolidated previously fragmented trademark, patent, and copyright offices into a single, modern institution. Legislative amendments brought Pakistan’s statutes largely into conformity with international minimum standards. However, effective enforcement remains the weakest link. Jurisdictional overlaps between IPO-Pakistan and the Federal Investigation Agency (FIA) were resolved by the Supreme Court of Pakistan, which confirmed the FIA’s plenary jurisdiction over copyright and certain trademark offences irrespective of whether the rights holder is governmental or private. Despite this judicial clarity, systemic deficiencies persist: customs border measures are under-utilised, criminal prosecution suffers from low conviction rates and inadequate penalties, civil remedies are slow and unpredictable, and specialised IP adjudication is virtually non-existent outside major cities. These enforcement gaps continue to expose domestic and foreign investors—particularly Chinese enterprises under CPEC—to widespread counterfeiting and piracy. Drawing on statutory provisions, landmark judicial pronouncements, and empirical studies, this article critically evaluates the evolution of Pakistan’s IP framework, analyses persistent enforcement bottlenecks, and offers concrete, policy-oriented recommendations to achieve genuine TRIPS-compliant protection capable of supporting CPEC’s long-term objectives.