When the creator of a design files an application for the registration in his country, it gives him the right to file application in any other country on the basis of claiming priority for the proposed design. This priority claiming period is usually six months.
In Pakistan the Design Ordinance 2000 provides priority arrangements. This priority is for all member countries of World Trade Organisation (WTO) if application in Pakistan is filed within 6 months from the date of filing the application in the priority country.
Under the law any person who has applied the registration of the design in any of the member country of WTO either alone or jointly with any other person, is entitled to make an application for the registration of the same design in Pakistan, claiming priority of date for his registration. Similarly, any person who has filed an application for registration in Pakistan is entitled to claim the official date of application in Pakistan for any registration that may be affected in the aforesaid countries.
Following is the procedure for filing priority in Pakistan:
- An application under section 11 of the Designs Ordinance 2000 should be made on Form-16
- The application must be made within six months from the date of the first application in a foreign country
- The application should be accompanied by four identical representations.
- It must accompany a copy of the representation or specimen of the design filed or deposited abroad in respect of the first application in a foreign country duly certified by the Patents Office of that country
- If such certificate or document is in a foreign language, a translation thereof (in English)