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Notice Of Infringement Template for Pakistan

A formal legal document used in Pakistan's jurisdiction to notify alleged infringers of intellectual property rights violations and demand immediate cessation of infringing activities. The document operates under Pakistani IP laws, including the Copyright Ordinance 1962, Trademarks Ordinance 2001, and Patents Ordinance 2000, while also considering international IP treaties to which Pakistan is a signatory. It serves as an initial step in IP enforcement, providing detailed documentation of the alleged infringement, proof of rights ownership, and specific demands for resolution, while establishing a formal record for potential future legal proceedings.

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What is a Notice Of Infringement?

The Notice of Infringement is a crucial document in Pakistan's intellectual property protection framework, serving as a formal communication between rights holders and alleged infringers. This document is typically used when there is clear evidence of unauthorized use, reproduction, or exploitation of protected intellectual property rights, including patents, trademarks, copyrights, or design rights. The notice must comply with Pakistani legal requirements while potentially considering international IP treaties, particularly when dealing with cross-border infringement. It includes specific details about the protected intellectual property, evidence of ownership, description of the infringement, and demands for resolution. The document often serves as a prerequisite to legal action, demonstrating the rights holder's attempt to resolve the matter amicably before pursuing court proceedings.

What sections should be included in a Notice Of Infringement?

1. Sender Details: Full name, address, and contact information of the rights holder or their legal representative

2. Recipient Details: Full name, address, and contact information of the alleged infringer

3. Subject Line: Clear identification that this is a Notice of Infringement, including any relevant reference numbers

4. Property Rights Declaration: Statement of ownership or right to enforce the intellectual property rights in question, including registration numbers where applicable

5. Description of Infringement: Detailed description of the alleged infringement, including specific instances, dates, and locations of infringement

6. Legal Basis: Citation of relevant laws and legal provisions being violated

7. Demand for Action: Clear statement of demanded actions (cease and desist, removal of content, etc.) and timeline for compliance

8. Consequences of Non-Compliance: Statement of legal actions that will be taken if the recipient fails to comply

9. Closing and Signature: Formal closing, date, and signature of the authorized representative

What sections are optional to include in a Notice Of Infringement?

1. Without Prejudice Statement: Optional disclaimer preserving legal rights, used when attempting to negotiate settlement

2. Settlement Terms: Optional section offering terms for amicable resolution, included when the rights holder is open to immediate settlement

3. Previous Communications Reference: Reference to any previous attempts to resolve the matter, included when there have been prior communications

4. Undertaking Request: Request for written undertaking from the infringer, included when formal commitment is desired

5. Damages Calculation: Detailed calculation of damages suffered, included when monetary compensation is being sought

What schedules should be included in a Notice Of Infringement?

1. Evidence of Rights Ownership: Copies of relevant registration certificates, patents, or other proof of IP ownership

2. Evidence of Infringement: Photographs, screenshots, samples, or other documentation proving the alleged infringement

3. Comparison Chart: Side-by-side comparison of original work and infringing material

4. Power of Attorney: If notice is sent by legal representative, authorization document from rights holder

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Pakistan

Document Type

Copyright Notice

Sector

IP

Cost

Free to use

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