Offenders of Pakistani Intellectual Property Rights (IPR) and Federal Shariah Court

Abstract

Intellectual Property Rights (IPR) violations present a significant challenge in Pakistan, affecting various sectors and hindering economic growth. Despite legislative measures, enforcement remains inadequate. The purpose of this study was to investigate the IPR violators in Pakistan and the Federal Shariah Court's involvement. This study examines the role of the Federal Shariah Court in addressing IPR offenses, considering the intersection of Islamic jurisprudence and contemporary legal systems. Through legal analysis and qualitative research, it evaluates the effectiveness of Shariah-based approaches in deterring offenders and protecting intellectual property. The study uncovers substantial hurdles in enforcing IPR laws in Pakistan, despite existing legal frameworks for copyright, trademark, and patent protection. Judicial inefficiency, resource scarcity, and limited expertise obstruct effective implementation, leading to widespread IPR violations. Moreover, it highlights the unique role of the Federal Shariah Court in adjudicating IPR cases within Pakistan's dual legal system, raising concerns about harmonizing Sharia principles with modern intellectual property concepts. The study underscores the necessity of comprehensive reforms to boost IPR protection, including legal framework enhancements, judicial capacity building, awareness raising, and international cooperation, while also addressing socio-economic challenges like poverty and education.