Border Measures of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

Abstract

Border measures of trademark enforcement is an administrative method required to be implemented through executive and administrative customs authority of Pakistan, Malaysia and United States of America (USA). Border measures of trademark enforcement runs under Customs Act 1969 and Trade Marks Ordinance 2001 in Pakistan, under Customs Act 1967 and Trade Descriptions Act 2011 in Malaysia and under Tariff Act 1930 and Lanham Trademark Act 1946 in USA. Trademark is name, mark, smell, sign, or a sound distinguishes services and goods of one undertaking from services and goods or other undertakings, it is required to be non-descriptive, distinctive and losses its distinctiveness when registered owner of trademark does not take prompt and speedy action against its infringement. The registered owner of trademark may avail administrative, civil, criminal procedures, provisional and border measure for protection of his registered trademark. Border measure is required to be adopted by registered trademark owner when there is likelihood of exportation and importation of suspected infringed goods which contains suspected identical infringed trademark. This article is qualitative method of research as it focusses on comparative analysis of border measures of trademark enforcement in Pakistan, Malaysia and USA. The purpose of border measure is to prevent importation and exportation of infringed goods through administrative customs authority on its own or on application and complaint of registered trademark owner. After comparative analysis of border measure of trademark enforcement in Pakistan, Malaysia and USA, it is found that the owner of registered trademark should be required to furnish his details and details of his registered trademark and prescribed goods or services before administrative customs authority immediately after registration, thereupon the customs authority would promptly act on importation and exportation of counterfeiting trademark goods.