Imagine working your entire life to build a company, a brand. And when you have finally built a business and a reputation, someone just swoops in, takes your business’ name and starts pawning it off as their own. Even worse, they steal intellectual property; a recipe, a code, even a piece of music. Something that is truthfully yours.
From a coffee stall on a hill station to the up and coming software houses, Pakistanis take intellectual property as a joke. The system supports those that look past it and of all the problems that plagues the market; copyright and trademark theft is looked at as no crime whatsoever.
But what does the stealing of intellectual property entail? How is it categorised as stealing and how does it harm businesses and the country?
Trademark theft?
We all know that when we see a big golden “M,” it means the food is from McDonald’s. Not only us, the majority of the people around the globe know this for a fact. Now, imagine if someone started using the same golden “M” to sell their food, even though they’re not McDonald’s. That’s not fair because it can confuse people. A person would walk into the store thinking of getting their favourite big mac, a burger that Mcdonald’s has spent years marketing and specialising but in turn would receive a cheaper, possibly worse-tasting version.
The problem here is that the owner of this fake Mcdonalds is reaping the benefits of a sale, which was paid for by Mcdonald’s in marketing and research.
Trademark theft is when someone uses a company’s special name or symbol without asking, and they try to trick people into thinking it’s from that company. It’s like pretending to be someone you’re not.
Some of the common ways in which it is done is Counterfeiting, Trademark Hijacking, Domain name Hijacking, or simply Passing off.
Copyright theft?
Copyright theft is an even more rampant problem in Pakistan. Women’s clothing brands are an example. The larger design houses come up with exclusive prints to sell. What a majority doesn’t know, however, is that those and many other prints across brands, designer firms and even boutiques are not only copied, but printed in bulk in textile companies and are easily available across local markets in garment stores. And this is just the beginning of how it is happening.
Ever noticed how all motorbikes manufactured in Pakistan have more or less the same design?
These actions not only erode the revenues of local and international designers but also disrupt the ecosystem of creativity that drives the industry. Similarly, allegations of copying software codes have cast a shadow over the software development sector, undermining the value of proprietary software products and deterring potential foreign investors.
Copyright theft, copyright infringement or piracy, encompasses the unauthorised use, reproduction, distribution, or adaptation of copyrighted materials. Within the diverse sectors of Pakistani industries, this issue takes on various forms, ranging from textiles and software development to entertainment and literature. The implications of such acts resonate not only ethically and legally, but also resonate deeply within economic realms.
From Plagiarism, to piracy, copyright infringement might just be the most commonly committed crime that happens in Pakistan without any ramifications.
Blurred lines
This doesn’t always mean that anyone’s work that has a resemblance to someone else’s work is infringement. For example; let’s say a fast food joint sells fried chicken strips with a particular crunchy outer, called zinger strips. Does that forbid all fast food joints to make such a dish? No. But does it stop them from naming their dish “Zinger strips”? It most likely does.
Imagine you draw a picture that looks like another one you’ve seen before. Is it a copy or just a coincidence? Sometimes, artists unknowingly make similar things, and the “Copyright Guardian” has to figure out if it’s a mistake or something more serious.
An even more confusing case is that of parodies. Parodies are an attempt at humour through comedic imitation of something original, most likely mainstream, culturally prevalent and well-known, in most cases. But the tricky part is, if the joke goes too far, it might not be funny anymore. Parodies often involve using copyrighted material for humour or commentary. While some parodies may be protected under fair use, others might cross the line into infringement.
A prominent example of that is the famous coffee shop in Karachi and Islamabad by the name of “Sattar Buksh”. While the global brand, the Seattle based US coffee behemoth Starbucks has so far avoided the Pakistani market for various reasons, ‘entrepreneurs’ here decided to make a joke, depicting a moustached man on their logo in place of the iconic siren. They made a play on the brand’s name, comically equating it to a local man’s name.
Allegedly, they got served with a legal notice from the global brand. The management of Sattar Buksh has been reached out to for the purpose of comment by this scribe but to no avail. Sattar Buksh, is still however, one of the examples of the blurred line that is, parody in trademark laws.
Some other examples are those of fan-art, and unintentional infringement. Both of which would also be up for litigation if they were ever moved against.
Economic ramifications
There is a large global debate around brand equity being a part of a company’s financial statements. Even though there is no progress in attempts to quantify a brand’s value, it does draw serious conclusions about copyright and trademark theft. It means that by doing this, one would essentially be stealing off from a company’s equity.
But for a country like ours, the implications of copyright theft go beyond immediate financial losses of private stakeholders. Intellectual property serves as a catalyst for innovation, playing a pivotal role in driving economic growth. When businesses engage in copyright infringement, they disrupt the creative ecosystem that is essential for progress. The act of copying not only stifles the original creators’ motivation to innovate but also deters potential investors who fear their investments might be compromised due to weak IP protection.
Furthermore, copyright theft can strain international trade relations. Countries with high levels of copyright infringement may face sanctions or restrictions on their exports, negatively impacting economic growth and global standing. This creates a vicious cycle where the nation’s reputation is tarnished, discouraging foreign investment and collaboration.
Understanding intellectual property as an asset is crucial. It encompasses intangible creations like inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangibles hold intrinsic value that can be leveraged for economic gain. Just as physical assets like real estate and machinery contribute to a company’s worth, intellectual property assets contribute significantly to a business’s overall value.
Pakistan doesn’t care. Why?
There are several factors that converge to give rise to copyright theft within the Pakistani business landscape. Economic challenges, deficient legal enforcement, lack of awareness, and deeply ingrained cultural norms are just some of the reasons that have collectively contributed to the persisting problem.
On top of that are Pakistan’s economic challenges. The ebb and flow of Pakistan’s economic conditions have left some businesses grappling with financial constraints. Consequently, copyright theft becomes a tempting route to circumvent the expenses associated with acquiring proper licences and permissions. Not to mention the amount of red tape and rent seeking one has to navigate to get something of the sort legalised.
Therefore, even while intellectual property laws are in place, enforcement remains inconsistent. This vacuum inadvertently cultivates an environment where copyright infringement can thrive, largely unimpeded.
Not having to spend the time and money on coming up with an original idea, building it into a brand and marketing it profitably is also a very enticing shortcut for so-called ‘entrepreneurs’.
Another major reason why it remains rampant is a lack of awareness. A significant number of businesses, particularly smaller enterprises, lack a comprehensive understanding of intellectual property rights and the repercussions linked to copyright infringement.
On the condition of anonymity, a business owner who has set up shop by the name of a renowned middle eastern fast food chain said that, “People love our product, sometimes even more than they loved the original. If we were doing something wrong, the police would have shut down our shop by now. I have worked in the real chain for a number of years and I am not lying to the people in terms of what I sell”.
Ironically, lying is exactly what trademark infringers are doing.
This unawareness fuels a cycle of misappropriation. Historical norms of replication in certain industries, such as fashion and textiles, have perpetuated a culture of copying. To overcome these deeply entrenched patterns becomes a much more formidable challenge.
How will they care?
“Enhancing intellectual property laws and their enforcement mechanisms should be a priority. This includes establishing clear guidelines, increasing penalties for copyright infringement, and streamlining the legal process for pursuing cases.” says Ali Kabir, a copyrights and Trademark lawyer from Karachi, while talking to Profit.
On top of that, collaborative efforts among government bodies, educational institutions, and industry leaders can pave the way for comprehensive awareness campaigns. These campaigns should elucidate the value of intellectual property and the far-reaching consequences of its infringement.
One of the ways to counter this problem is that the government provides financial incentives such as grants and tax breaks for businesses that invest in research, development, and innovation. This approach encourages companies to create original works, reducing the temptation to engage in copyright theft.
Partnering with international organisations, governments can access expertise and best practices in intellectual property protection. This collaborative approach facilitates the development of effective strategies against copyright theft.
The prevalence of copyright theft within Pakistani businesses demands a comprehensive strategy that addresses legal, cultural, and economic aspects.
Recognizing intellectual property as an invaluable asset is essential for fostering innovation, promoting economic growth, and respecting the hard work of creators. By proactively tackling copyright infringement, Pakistan can pave the way for a future where intellectual property is revered, creativity thrives, and the nation’s economic landscape flourishes.
In this journey, a collaborative effort involving governments, businesses, educational institutions, and society at large is pivotal to creating a sustainable and innovative future.
