Protect Early, Enforce Early: Hasan Irfan Khan Shares Pakistan IP Insights with The Legal 500
Hasan Irfan Khan, Senior Partner at United Trademark & Patent Services, has contributed to The Legal 500’s Legal Landscapes: Pakistan – Intellectual Property guide, sharing practical perspectives on the current IP environment in Pakistan, the priorities for rights holders and the developments shaping the practice of intellectual property law.
Drawing on UTMPS’s experience advising domestic and international businesses, Hasan highlights a central principle for companies protecting intellectual property in Pakistan: act early, secure rights early and enforce them before problems escalate.
In the guide, he explains that timely registration can make enforcement considerably more straightforward and cost-effective. Delays in filing or taking action against infringement can place even established and well-known brands at risk, particularly where third parties have already begun building competing rights or commercial presence.
A broad and active IP landscape
Pakistan’s intellectual property environment encompasses a wide range of matters, from trademark clearance, filing and opposition proceedings to copyright and patent enforcement, licensing, franchising, competition law and border measures.
For businesses operating or expanding in the market, this means IP strategy cannot be viewed solely as a registration exercise. Portfolio protection increasingly requires coordination between prosecution, commercial advice and enforcement, particularly where valuable brands, technologies or other rights are exposed to infringement.
Hasan also identifies quality of legal service as an important consideration for rights holders. While price remains a factor in selecting advisers, he cautions that decisions based primarily on unusually low costs can create greater risks if work is not handled with the level of expertise required. In intellectual property matters, deficiencies in advice, filing strategy or enforcement can ultimately affect the rights themselves.
Technology is changing the way IP work is delivered
The guide also considers the growing role of artificial intelligence and other technological tools within legal practice.
Hasan notes that AI can help improve efficiency in areas such as reviewing pleadings, preparing summaries and organising evidence, particularly in litigation matters. Used effectively, these tools can reduce response times and help control costs for clients while allowing legal teams to focus resources on substantive strategy and advocacy.
The opportunity, therefore, is not simply automation. It is using technology to make sophisticated legal services faster, more efficient and commercially responsive.
Testing the boundaries of patent enforcement
Hasan also discusses a significant patent dispute recently handled by the firm involving attempts to prevent the launch of generic versions of a patented pharmaceutical product.
A central issue concerned whether Pakistan’s patent legislation could support a restraining order against health authorities responsible for granting marketing authorisation, on the basis that such authorisation could constitute an act making future infringement more likely.
The IP Tribunal accepted the argument that the relevant health authorities could be treated as proper and necessary parties to the patent infringement proceedings and that the law permitted preventive relief aimed at stopping infringement before it occurred.
The resulting restraining orders prevented the launch of a number of generic products. The matter has since proceeded before the High Court, where arguments have been heard and judgment has been reserved.
The case demonstrates the importance of looking beyond conventional enforcement approaches and considering how existing statutory provisions can be applied strategically to address emerging or complex commercial circumstances.
A practical approach to IP protection
Across the discussion, one message remains consistent: effective intellectual property protection depends on being proactive.
From securing registrations and selecting appropriate advisers to embracing technology and pursuing enforcement before infringement becomes entrenched, businesses are better positioned when IP considerations form part of their commercial planning from the outset.
