SOCIO-ECONOMIC AND ETHICAL VALUES OF INTELLECTUAL PROPERTY RIGHTS IN SOCIETY: A CASE LAW STUDY OF PAKISTAN

Abstract

Encouragement and praise of creativity in the fields of research and science is one of the most
influential and vital contributor in “Socio-Economic and Cultural Development of the
Society”. Adequate enforcement of Intellectual Property Law provides the necessary incentive
for creator, inventor, and copy right holder in the legal regime of the WTO, such incentives
help in overall promotion of skill, and disseminate knowledge based growth and socio
economic development. Ethically speaking, it is the responsibility of the society not to abuse
the inventions of the originators without the prior permission of the holder in due course.
Hence, “IP Law” aims to establish a balanced approach between public and private interest
in society, the sociologist is of the view that the “Intellectual Property Law” acts as an
instrumental force to promote the Socio-Economic and cultural development by introducing
the new technologies, inventions and accelerate the commercial activities of the society. The
“TRIPS Agreement” is one of the major multilateral trade agreements under the WTO regime.
This Agreement covers intellectual property areas such as “copy right and related rights”,
“trademarks including service marks”, “geographical indications”, “industrial designs”,
“patents including the protection of new varieties of plants”, “the layout-designs of integrated circuits”, and “undisclosed information”. Results of this research paper shows that a strong
intellectual property regime in line with the aims and objectives of the “TRIPS Agreement” is
a tool to promote Socio- Economic and ethical values in society. Moreover, this Agreement
does not only protect and enforce the rights of the creators but also imposed social and ethical
responsibilities on the part of the society. In this perspective the Courts of Pakistan may play
a pivotal role for the enforcement and protection of “IP Rights” and also for the promotion of
economic, social and ethical values in the country. A case-law study divulges that the Pakistani
courts are now-a-days very much vigilant in reorganization of the intellectual property regime
under the multilateral trading system. Moreover, the prevention of abuse of “IP Rights” is a
highly encouraging factor for attracting foreign investment in Pakistan.