The Pakistan Context: Legal and Sharīʿah Dimensions of Copyright, Replicas and Fashion Design

 1. Introduction

While intellectual property (IP) has become a central concern of global creative industries, its implications in Pakistan are particularly complex because three normative systems overlap:

1. The modern legal framework of Pakistan (copyright, trademarks, industrial designs, IPO-Pakistan);
2. The Islamic sharīʿah framework, constitutionally recognised as a key source of law;
3. The informal market practices of the fashion and textile sector, where replica culture is widespread.

For fashion designers, textile houses and retailers in Pakistan, questions surrounding copyright, copying, and replicas are not merely technical legal issues; they are questions of religious ethics, professional integrity, and economic survival.

This chapter situates the debate on copyright and replicas specifically within Pakistan, mapping:

• The evolution of Pakistan’s IP regime;
• The way current laws apply to fashion and textile design;
• How Pakistani Islamic scholarship and sharīʿah discourse have engaged with IP;
• The tension between law, fatwā and market reality, with special reference to replica fashion and counterfeit apparel.

 

2. Evolution of Intellectual Property Law in Pakistan

2.1 Historical Background

Pakistan inherited much of its early IP framework from British colonial legislation. Copyright matters were initially governed by the British Copyright Act 1911, subsequently replaced in Pakistan by the Copyright Ordinance, 1962, as part of efforts to build a national copyright regime compliant with international obligations.(WIPO)

Over time, Pakistan acceded to key international instruments such as the Berne Convention, the TRIPS Agreement, and other World Intellectual Property Organization (WIPO) treaties, which further shaped domestic reforms and enforcement obligations.(WIPO)

2.2 Current IP Framework

Today, Pakistan’s IP regime rests primarily on four pillars:

1. Copyright Ordinance, 1962 (as amended) – governing original literary, artistic, dramatic, musical, and certain related works;(Khalid Zafar)
2. Trade Marks Ordinance, 2001 (as amended) – governing registration, protection and enforcement of trademarks;(Pakistan Law)
3. Registered Designs Ordinance, 2000 – governing protection of industrial designs, including ornamental features of products;(Daudpota)
4. Intellectual Property Organization of Pakistan Act, 2012 – establishing IPO-Pakistan as a central body to administer IP offices and strengthen enforcement, including dedicated IP tribunals.(Wikipedia)

Collectively, these instruments aim to provide both civil and criminal remedies against infringement and to encourage investment and creativity in Pakistan’s burgeoning creative economy.(Pakistan Law)

 

3. IP Law Applied to Fashion and Textile Design

Fashion and textiles implicate multiple layers of IP protection in Pakistan.

3.1 Copyright Protection for Artistic Works and Prints

Under the Copyright Ordinance, 1962, artistic works include paintings, drawings, graphic works, and works of artistic craftsmanship. Textile print designs, surface patterns, artwork for embroideries, catalog layouts, and lookbooks generally fall under this category once they are “fixed” in a tangible medium (sketch, digital file, print, etc.).(Khalid Zafar)

The Ordinance provides that:

• The creator of an original artistic work enjoys exclusive rights to reproduce, publish, adapt, and communicate it;
• Unauthorized reproduction or adaptation of such works constitutes infringement, attracting civil and, in some cases, criminal liability.(Pakistan Law)

For fashion, this means that copying someone’s print, catalog art, or embroidery drawing without permission is, in principle, a violation of Pakistani copyright law regardless of whether the copy is produced for high-street retail, local boutique wear, or informal markets.

3.2 Industrial Design Protection for Garment and Textile Designs

The Registered Designs Ordinance, 2000 protects the visual design of objects that are not purely utilitarian, including patterns, lines, shapes, or ornamentation applied to an article.(Daudpota)

In fashion/textiles, the following can potentially be registered as industrial designs:

• Distinct garment silhouettes;
• Unique stitch lines and construction details (when forming a visual pattern);
• Repeating motifs applied to fabric as a “design” rather than mere artwork;
• Ornamental aspects of accessories (bags, shoes, belts, etc.).

Once registered, these designs enjoy exclusive protection; unauthorized reproduction in industrial production may constitute infringement.

3.3 Trademarks and Brands in Fashion

Fashion is also heavily dependent on brand identity, making trademark law highly relevant. The Trade Marks Ordinance, 2001 defines a trademark as any sign capable of distinguishing the goods or services of one enterprise from another, including names, logos, monograms, labels, color combinations, and even distinctive packaging.(Pakistan Law)

For Pakistani fashion brands (e.g., prêt labels, bridal couture houses, footwear brands):

• Registration grants exclusive rights to use the mark in commerce;
• The Ordinance explicitly prohibits registration of marks identical or confusingly similar to earlier marks, especially when such use would take unfair advantage of or harm the reputation of the original mark;(Pakistan Law)
• Civil and criminal remedies exist for infringement, passing off, and false representation of trademarks.(Lexology)

In the replica market, falsely applying a famous logo (local or international) onto clothing, bags, or shoes is squarely within the domain of trademark infringement and counterfeiting.

 

4. Replica Culture and Counterfeit Fashion in Pakistan

4.1 Prevalence of Replicas

Despite the legal framework, Pakistan’s fashion and textile markets are saturated with replica and counterfeit products, including:

• “Replica lawn” of major Pakistani designers;
• “Replica bridal” inspired by well-known couture houses;
• Counterfeit Western luxury brands (e.g., “Gucci”, “LV”, “Nike”) sold in local bazaars;
• Wholesale copying of prints and catalog designs for small retailers.

Academic analyses of copyright and trademark enforcement in Pakistan consistently highlight pervasive infringement, weak enforcement, limited public awareness, and low cost of piracy as driving factors.(ResearchGate)

4.2 Trademark Counterfeiting and Clothing

A recent study on trademark counterfeiting in Pakistan notes:

• The Trade Marks Ordinance, 2001 provides for both civil and criminal sanctions against counterfeiting and passing off;
• However, counterfeiting of branded apparel, footwear, and accessories remains widespread due to enforcement challenges, resource constraints, and consumer demand for low-cost “branded” items.(thejrr.com)

From a legal standpoint, many of the garments sold as “replica [Brand X]” in Pakistan’s retail markets are unambiguous infringements, especially when:

• The design is substantially similar; and
• The brand name, logo, hangtag, or packaging imitates the original brand.

4.3 Copyright Violations in Creative Industries

Studies focusing on copyright in Pakistan’s creative industries indicate that:

• Violations are ubiquitous across sectors including publishing, music, software, and visual arts;
• Ambiguities around “originality” and “fair use” combined with limited case law make enforcement inconsistent;
• Designers and creators often avoid litigation due to cost, delays, and low expectations of successful enforcement.(ResearchGate)

In fashion and textiles, this translates into a culture where copying is normalized, even though the normative legal framework is strongly protective of IP.

 

5. Sharīʿah, the Constitution, and Intellectual Property in Pakistan

5.1 Constitutional and Institutional Context

Pakistan’s Constitution declares that no law shall be repugnant to the injunctions of Islam, and the Objectives Resolution as well as Article 227 embed Islamic principles into the legal order. This has resulted in the creation of institutions such as:

• The Council of Islamic Ideology (CII);
• The Federal Shariat Court;

which review laws and make recommendations from an Islamic perspective.

Although no major case has directly challenged the IP statutes on sharīʿah grounds, academic work has begun to explore how Islamic principles underpin or complement IP protections in Pakistan.(pdfpk.net)

5.2 Pakistani Scholarship on IP and Islam

Several Pakistan-based studies examine copyright and IP from an Islamic perspective, including:

• Analyses of how classical fiqh concepts (māl, ḥuqūq, ḍarar, maṣlaḥah) support the recognition of IP rights;(iefpedia.com)
• Discussion of scholarly divisions where a majority of contemporary scholars favour IP protection, while some Hanafi-leaning academics question the notion of exclusive rights over knowledge;(UMT Journals)
• Meta-analytical work connecting IP, Islam, and Pakistan’s legal system, suggesting that Pakistani IP law is broadly compatible with sharīʿah objectives, especially regarding prevention of fraud, plagiarism, and exploitation.(pdfpk.net)

These studies converge on a key conclusion: modern IP laws, including those of Pakistan, can be grounded in Sharīʿah principles of protecting wealth, enforcing contracts, preventing harm, and promoting public interest.

 

6. Sharīʿah Evaluation of Replica Fashion in the Pakistani Context

6.1 Ethical Lens: Fraud, Exploitation, and Harm

Sharīʿah is deeply concerned with:

• Prohibiting fraud (ghish) and deceit (tadlīs);
• Preventing exploitation of others’ efforts and resources;
• Protecting private property and lawful earnings (ḥifẓ al-māl).

Replica fashion in Pakistan often involves:

• Copying creative labour without permission;
• Leveraging the reputation and goodwill of another brand;
• Confusing (or intentionally misleading) consumers regarding authenticity;
• Undercutting original creators who have invested in design, branding and marketing.

From an Islamic legal-ethical standpoint, these elements strongly indicate that most replica and counterfeit fashion activity falls within prohibited (ḥarām) behaviour, even if it is normalized in practice.

6.2 Compliance with State Law as Sharīʿah Obligation

In contemporary fiqh, many jurists stress that abiding by state IP laws in a Muslim-majority country like Pakistan is itself an Islamic duty, so long as those laws do not contradict clear sharīʿah texts. Here:

• Pakistan’s IP laws aim to protect legitimate economic interests, prevent fraud, and promote creativity;
• They do not require anything inherently harām;
• Violating them implies unjust consumption of wealth and breach of lawful agreements.

Therefore, the violation of copyright and trademark laws in Pakistan is, in principle, a violation of sharīʿah as well, not just of state regulations.

6.3 “Inspired by” vs. “Replica”: A Sharīʿah Distinction

Drawing on both global and Pakistani scholarly discourse, a workable ethical distinction emerges:

1. “Replica” / Counterfeit
• Near-identical copying of designs, prints, embroidery placements;
• Use of another brand’s logo, monogram, name or similar identifiers;
• Marketing the product in a way that capitalizes on consumer confusion.
  → Sharīʿah ruling: Prohibited, as it combines theft of incorporeal rights, deception, and violation of state law.
2. “Inspired by” / Trend-aligned Design
• Taking general inspiration from prevailing silhouettes, cultural motifs, or global trends;
• Substantially reworking design elements (composition, colours, placements);
• Avoiding confusing similarity in logos, trade dress, and key signature features.
  → Sharīʿah ruling: Permissible, provided there is no deception and the design embodies genuine originality.

Because Pakistan’s market is heavily trend-driven, a halāl professional pathway exists: designers can research and absorb trends, but are expected Islamically and legally to convert them into distinctive, original work.

 

7. Tension Between Normative Frameworks and Market Reality

7.1 Normalisation of Infringement

A key sociological feature of Pakistan’s fashion industry is the normalisation of IP infringement:

• Consumers often expect “replica” options as a routine part of the market;
• Retailers may feel compelled to sell replicas due to price pressure;
• Many small designers or boutiques begin their careers by imitating established brands.

However, from both a legal and Islamic perspective, normalization does not equal legitimation. The gap between “what is common” and “what is just” is central to this chapter’s argument.

7.2 Practical Barriers to Enforcement

Weak enforcement of IP law in Pakistan is frequently cited: lack of specialized training, expensive litigation, procedural delays, and a historical culture of tolerance toward copying.(ResearchGate)

This enforcement deficit creates a moral hazard: because infringement is rarely punished, many actors assume it is socially acceptable or religiously neutral. The sharīʿah perspective, however, rests on principle rather than probability of getting caught.

7.3 Opportunity for Ethical Leadership in the Fashion Sector

For designers, brand owners, and educators, this tension provides an opportunity to exercise ethical leadership:

• Integrating IP ethics and fiqh of copying into fashion curricula;
• Explicitly branding studios as “original-design only”;
• Developing industry self-regulation codes that align with both Pakistani law and sharīʿah;
• Using fatwā-backed positions in public awareness campaigns to shift consumer expectations.

 

8. Synthesis: A Pakistan-Specific Fiqh Position on Fashion Replicas

On the basis of the legal and sharīʿah analysis above, a Pakistan-focused position can be summarised as follows:

1. Copyright, trademarks, and industrial designs are legally recognised forms of property in Pakistan, with clear remedies against infringement.(Khalid Zafar)
2. Contemporary Islamic scholarship globally and within Pakistan overwhelmingly recognizes intellectual property as a legitimate right, grounded in classical concepts of māl, ḥuqūq, ḍarar, and maṣlaḥah.(hrj.com.pk)
3. Replica and counterfeit fashion that copies designs, prints, or logos without permission is both illegal under Pakistani law and prohibited under sharīʿah, particularly when it involves deception of consumers or unjust exploitation of others’ creative labour.(thejrr.com)
4. “Inspired-by” or trend-aligned designs, which avoid substantial similarity and do not misuse trademarks, are generally permissible and lawful, and represent the ethically preferable mode of participation in the fashion market.
5. In a Muslim-majority state whose constitution embeds Islamic principles, compliance with IP laws is itself part of religious compliance, unless those laws demand something explicitly contrary to textual sharīʿah; Pakistan’s IP regime does the opposite it directly supports sharīʿah objectives of justice, honesty, and protection of wealth.

 

9. Conclusion

Within Pakistan, the issues of copyright, replicas, and fashion design cannot be treated as a purely technical question of “what I can get away with.” Legally, Pakistan has constructed a robust IP framework that protects fashion and textile design through copyright, trademarks and industrial design law. Sharīʿah-based scholarship increasingly affirms that these protections harmonise with Islamic objectives, especially in preventing fraud and exploitation. The Pakistani fashion sector therefore stands at a crossroads: it can either continue to operate in a grey market of normalized infringement, or consciously pivot toward a culture of originality, ethical collaboration, and respect for both law and sharīʿah. For designers, educators and studios, this chapter suggests that rejecting replicas and committing to original design is not only a commercial necessity but a religious and ethical imperative in the contemporary Pakistani context.