IP enforcement at the heart of the firm since 1985
Intellectual-property litigation and rights enforcement are core strengths of Khursheed Khan & Associates. Since its inception in 1985, the firm has been actively engaged in protecting brands, creative works, technology and other intellectual assets in Pakistan.
The firm has acted for major international brands and globally operating companies seeking to protect their assets in Pakistan. Its enforcement work has also supported local and indigenous businesses, including Tapal Tea, in defending the value and identity of their brands.
The firm’s history includes association with the American Business Council (ABC) and the Overseas Investors Chamber of Commerce and Industry (OICCI) in initiatives concerning the protection of brands in Pakistan. This experience brings together an understanding of international rights holders’ concerns and the practical needs of domestic enterprises.
Pioneering urgent relief in Pakistan
The firm records among its early enforcement milestones obtaining Pakistan’s first Anton Piller-type orders and Mareva-type injunctions in the early 1990s, in work undertaken for Microsoft Corporation and other entities. These initiatives form an important part of the firm’s history of developing effective responses to intellectual-property infringement.
That experience continues to inform the firm’s approach to urgent litigation: identify the right, secure reliable evidence, assess the appropriate forum and frame the relief around the actual risk. Applications for exceptional interim measures require a case-specific legal and evidential assessment.
Focused representation across IP disputes
Trade mark infringement and passing off
We act in disputes concerning unauthorised brand use, confusing marks, product presentation and claims affecting goodwill. Preparation brings together ownership, registration and use records with evidence of the challenged conduct and its commercial context.
Copyright and software enforcement
We advise and act in disputes involving protected works, software, artwork, publications and audiovisual material. The case assessment addresses ownership, the relevant permissions, the alleged copying or use and the evidence needed to support the claim or defence.
Patent and design litigation
We bring legal and technical analysis together in disputes concerning inventions and registered designs. Work may involve examining the right, the accused product or process, technical records and expert evidence. The issues and relief are defined against the particular statutory framework.
Urgent injunctions and protective applications
We assess the need for immediate relief and prepare the supporting record where an application is appropriate. The work focuses on the alleged threat, urgency, evidence and legal requirements. The nature and scope of any order remain matters for the competent forum.
Counterfeiting and coordinated enforcement
We connect litigation strategy with rights verification, lawful evidence gathering and the identification of relevant sources and channels. Where several proceedings or agencies are involved, instructions and evidence should remain consistent and responsibilities clear.
Challenges to rights and contested ownership
We assist with disputes over the validity, ownership or continued protection of IP rights, including the relationship between a challenge and pending enforcement proceedings. The correct forum and procedure depend on the right and the relief sought.
Unfair competition and deceptive market conduct
We advise on disputes involving misleading presentation, market representations and other conduct affecting products or services. The response distinguishes IP claims from competition or contractual issues and identifies the appropriate route for each.
Appeals and defence of favourable orders
We review judgments and orders, assess available appellate grounds and prepare the record for the next stage. The work includes identifying the correct route, applicable deadlines and any separate application needed for interim protection.
Defence of infringement allegations
We also assess and defend claims against clients, examining the claimant’s rights, the alleged conduct and available responses. Early review can identify evidential weaknesses, commercial alternatives and issues requiring technical or local expertise.
Settlement and enforcement of outcomes
Where settlement serves the client’s objectives, we negotiate terms addressing future conduct, rights, payments and compliance. Following an order or agreement, we assess the steps needed to secure its intended effect under the applicable procedure.
From IP Tribunals to the Supreme Court
The firm offers representation from the initial competent forum through the available appellate stages, including IP Tribunals, the High Courts and the Honourable Supreme Court of Pakistan, through advocates qualified to appear before the relevant forum.
The route is determined by the subject matter, governing law and order under challenge. Access to an appellate forum may depend on statutory conditions or leave; every IP dispute does not follow an identical progression.
Our approach is to prepare each stage with the wider case in mind: pleadings, admissions, evidence, interlocutory applications and the record that may later be considered on appeal.
Litigation built around the client’s objective
- Identify the rights, parties, conduct complained of and the commercial outcome sought.
- Review ownership, standing, jurisdiction and any urgent deadlines.
- Preserve and assess documentary, product, digital and technical evidence.
- Prepare the claim or defence and assess any appropriate interim application.
- Conduct the proceedings with coordinated witnesses, experts and client instructions.
- Review the outcome, settlement opportunities and available appellate or enforcement steps.
Preparing an enforcement instruction
- Registration certificates, applications and ownership documents
- Licences, assignments and authority to act
- Evidence of brand use, reputation and relevant commercial activity
- Authentic and suspect products, packaging or protected works
- URLs, screenshots, purchase records and dated correspondence
- Technical material and potential expert information where relevant
- Previous notices, agreements, proceedings and orders
- The immediate commercial concern and all known deadlines
For urgent matters, identify the relevant dates and risk at the outset. Supporting material should be provided through an agreed channel.
Frequently asked questions
Does the firm act for local businesses as well as international companies?
Yes. The firm’s enforcement practice serves international rights holders and local businesses seeking to protect their intellectual assets in Pakistan.
Can the firm handle the case beyond the IP Tribunal?
Yes. Representation can extend through the available appellate routes, including the High Courts and Supreme Court, subject to the applicable law, any leave requirement and the instructions received.
Can urgent relief be guaranteed?
No. The application must satisfy the legal and evidential requirements of the competent forum, which decides whether and on what terms relief should be granted.
Should evidence be gathered before sending a notice?
The sequence should be assessed early. The nature of the suspected conduct and the risk to evidence may affect the appropriate first step.
Can related competition or cross-border issues be addressed?
Yes. The strategy can coordinate related proceedings and overseas advice while recognising the separate jurisdictions, procedures and mandates involved.