Pakistan Lawyers Articles related to Advocacy, Judiciary and Justice in Pakistan |
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News Consumer Protection Laws |
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On
Monday, 7 July, the much heralded Consumer Protection (Definition of
Goods and Services) Bill 2001 became law. The new legislation has
significant implications for lines companies: It brings all products
and services ordinarily supplied for domestic consumer use, including
electricity, under consumer law.
It exposes suppliers who do not
have direct contractual relationships with end-consumers to liability
for losses suffered (including consequential losses) as a result of the
supplier failing to meet certain implied warranties. The amendments in
the 1998 decision Electricity Supply Association of New Zealand
Incorporated vs. Commerce Commission, the High Court held that
electricity and associated line function services were neither goods
nor services for the purposes of the Consumer Guarantees Act 1993 (the
Act). Since then, there has been doubt whether electricity, associated
line function services and other utility products and services were
covered by the Act, the Commerce Act 1986 or the Fair Trading Act 1986.
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Copyright
is the legal means of protecting expression. Copyright attaches to a
work when the work becomes "fixed" in a tangible medium, which can be
paper, magnetic tape or silicon. This fixation occurs when an
expression is "sufficiently permanent or stable to permit it to be
perceived, reproduced, or otherwise communicated for a period of more
than a transitory duration."1 The rights attach immediately, without
need for a copyright symbol. The date also attaches immediately. A
violation of copyright occurs when someone without authorization of the
copyright owner displays or makes an exact duplicate of the work or
creates a derivative work based on the copyrighted expression. Most of
the exceptions to this rule lie within the doctrine of "fair use”.
While the specifics of the doctrine are set forth in federal law, the
application of those specifics becomes fuzzy very quickly. Courts
determine whether facts fall within the ambit of the doctrine on a case
by case basis. Thus, reliance on the doctrine of fair use is a dicey
proposition at best.
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Registration of a Company and Commencement of Business in Pakistan |
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The
first step toward incorporation of a company in Pakistan is to file an
application before the Registrar of Companies for availability of name.
If the proposed name of the company is available and it is not in
contravention to the provisions of the Companies Ordinance, 1984 and
the Rules formed there under, then the Registrar shall issue a
certificate stating that the proposed name is available to be adopted.
The next step is to file the Memorandum of Association and Articles of
Association, which in effect, is the constitution of any company, with
the Registrar of Companies in the Province where proposed company is to
be incorporated, along with other necessary forms prescribed under the
Companies Ordinance, 1984. When the company has been registered, the
Registrar issues a Certificate of Incorporation. Once such a
certificate has been issued by the Registrar, a private limited company
may commence its business immediately. Nonetheless, a public limited
company cannot commence its business or exercise its borrowing powers
yet unless the Registrar has issued a Certificate for Commencement of
Business. The Registrar issues the Certificate for Commencement of
Business only if the following requirements have been fulfilled:
- Shares
held subject to the payment of the whole amount thereof in cash have
been allotted to an amount not less in the whole than the minimum
subscription
- Every
director of the company has paid to the company the full amount on each
of the shares taken or contracted to be taken by him and for which he
is liable to pay in cash
- No
money is or may become liable to be repaid to applicants for any shares
or debentures which have been offered for public subscription by reason
of any failure to apply for or to obtain permission for the shares or
debentures to be dealt in on any stock exchange
- There
has been a duly verified declaration filed with the Registrar of
Companies in the prescribed form by the chief executive or one of the
directors and the secretary that the aforesaid conditions have been
complied with and the Registrar of Companies has issued a Certificate
of Commencement of Business
- In
the case of a company which has not issued a prospectus inviting the
public to subscribe for its shares, there has been filed with the
Registrar of Companies, a statement in lieu of prospectus
A
public limited company may either be listed or unlisted. In case of a
listed company, its shares may be quoted and dealt with on one of the
three stock exchanges of Pakistan viz. Karachi Stock Exchange, Lahore
Stock Exchange and Islamabad Stock Exchange. Whereas the shares of an
unlisted public limited company may not be listed on a stock exchange.
A public limited company that intends to have its shares listed on a
stock exchange must obtain permission from the relevant stock exchange
under the listing regulations of that stock exchange. |
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Legal Identity Documentation
Attorneys manages the groundwork on any type of business notes and
delivers legal and tactical counseling. Our attorneys / advise also
manage and consult contracts or agreements. We have great capability to
register companies, businesses, copyrights, trademarks or legal
identity for commercial and non commercial organizations. |
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PROTECTION OF INTERNATIONAL & WELL KNOWN TRADE MARKS IN PAKISTAN
A
Trade Mark is entitled to limited protection in Pakistan, even if it is
not registered in Pakistan, provided that it is considered a well known
Trade Marks under the Paris Convention. The relevant law in respect of
Trade Marks, unfair competition
Read more . . .
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