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NOTE: The information given here is
intended to be general information and is not intended to
provide legal or other advice. We strongly recommend taking
professional legal advice relating to the registration of
intellectual property and it's protection under the relevant
laws.
The Copyright law in Pakistan is governed by the Copyright
Ordinance 1962 ("the Ordinance") which is modelled on the
English Act of 1914. The Copyright Rules 1967 have been framed
for the proper working of the Ordinance. Significant changes
in the Ordinance were introduced through the Copyright
(Amendment) Act 1992 and the Copyright (Amendment) Ordinance
2000.
Pakistan is a member of both the Berne Copyright Union and the
Universal Copyright Convention and under the International
Copyright Order 1968 (issued under section 54 of the
Ordinance) all the provisions of the Ordinance which apply
exclusively to Pakistani works also apply to any work first
published in a country being a member of either of the above
two conventions in like manner as if such work was first
published within Pakistan. Accordingly, the copyright
subsisting in any work in any member country is protected in
Pakistan under the Ordinance. Pakistan is also a member of the
TRIPS Agreement which contains provisions of the Berne
Convention for the Protection of Literary and Artistic Works
(1971).
The types of work protected under the Ordinance are original
(1) literary works, including, computer programmes; (2)
dramatic works; (3) musical works; (4) artistic works,
including drawings, maps, photographs and architectural works;
(4) cinematographic works and (5) records. It was only in 1992
that an amendment was made in the definition of "literary
work" to extend coverage to computer programmes.
Sections 18 to 23 of the Ordinance lay down the term of
copyright in respect of different works. For example, the
period of copyright of a published literary, dramatic, musical
or artistic work (other than a photograph) is the life of the
author and 50 years after his death. In the case of a
cinematographic work, record and a photograph, copyright
subsists until 50 years from the beginning of the calendar
year from publication of the work.
It is possible under the Ordinance to assign the copyright in
a work either wholly or partially and either generally or
subject to limitations and either for the whole term of the
copyright or any part thereof. The owner of a copyright can
also grant any interest in the right by licence which should
be in writing and signed by him or his duly authorised agent.
The licence may be exclusive or non-exclusive and it can also
be granted by the Copyright Board as a compulsory licence. A
non-exclusive licensee cannot sue for infringement of
copyright unless he joins the copyright proprietor as
co-plaintiff.
Registration of copyright in Pakistan is not mandatory, it is
however recommended, as the certificate issued upon
registration may be used in court to subsequently establish
ownership should the need arise. The Ordinance therefore
enables a copyright owner to register his copyright with the
Copyright Office and the certificate of registration is fully
enforceable in a court of law and is prima facie evidence that
copyright subsists in the work and that the registrant is the
owner thereof.
The following information is required at the time of filing a
copyright application.
- Name, address and nationality of the applicant
- Nature of the applicant's interest in the copyright of the
work (e.g. author, publisher, owner, etc.)
- Class and description of the work (e.g. literary,
dramatic, musical, artistic, etc.)
- Title of the work
- Language of the work (if any)
- Name, address and nationality of the author and if the
author is dead, the date of his death
- Whether work is published or unpublished
- Year and country of first publication and name, address
and nationality of the publisher
- Years and countries of subsequent publishers, if any, and
names, addresses and nationalities of the publishers
- Names, addresses and nationalities of the owners of the
various rights comprising the copyright in the work and the
extent of rights held by each, together with particulars of
assignment and licenses, if any
- Names, addresses and nationalities of the other persons,
if any, authorised to assign or license the rights
comprising the copyright
- If the work is an artistic work, the location of the
original work, including name, address and nationality of
the person in possession of the work (in the case of an
architectural work the year of completion of the work should
also be mentioned)
- In the case of literary, dramatic, musical and artistic
works: (1) If the work to be registered, whether the work is
(a) an original work (b) a translation of a work in the
public domain (c) a translation of a work in which copyright
subsists (d) an adaptation of a work in public domain (e) an
adaptation of a work in which copyright subsists; (2) If the
work is a translation or adaptation of a work in which
copyright subsists: (a) title of the original work (b)
language of the original work (c) name, address and
nationality of the author of this original work and if the
author is dead, the date of his death (d) name, address and
nationality of the publisher, if any, of the work (e)
particulars of the authorization for a translation or
adaptation including the name, address and nationality of
the party authorising.
An
application for registration of a copyright is filed at the
Central Copyright Office on prescribed form and is accompanied
by statement of particulars and statement of further
particulars. The applicant is also required to file specimens
or copies of the work in question and a duly signed and
notarised copy of a power of attorney (as per the prescribed
form) along with the application fee. According to a change
brought in 2000, in the case of an artistic work, the
applicant is also required to advertise the work in a
newspaper (as may be prescribed) within one month (or within
such extended time as determined by the Registrar) of the
filing of the application. Two copies of the advertisement are
sent to the Registrar and if within one month (or within the
extended time not exceeding two months) of the advertisement
no objection to the registration of particulars of the work is
received by the Registrar, the particulars of the work are
entered in the Register of Copyrights and a certificate of
registration is issued. The Registrar of Copyrights may also
require the applicant to file an affidavit from the artist or
author stating, inter alia, that he has no objection if the
copyright is granted to the applicant.
The Ordinance also provides for enforcement of copyright, and
allows three types of remedies to the person whose copyright
has been infringed. These remedies are civil, criminal and
administrative, which though are distinct and independent, can
be availed of simultaneously.
Civil remedies include injunction, damages, accounts, delivery
of infringing copies and damages for conversion. In the case
of innocent infringements some of these remedies are not
available, e.g., innocent infringers are not required to pay
any damages to the copyright owner, but do have to cease the
infringing activity or pay the owner a sum representing the
reasonable commercial value of that use. An employer is
vicariously liable under the Ordinance for the offences that
his servants and agents may commit in the course of their duty
and within their authority, even though he has no knowledge of
the act of infringement and despite the fact that he has given
a general order to his servants prohibiting the doing of acts
which might amount to infringement. In the case where a
copyright owner is unable to institute immediate regular legal
proceedings against the infringer for sufficient cause, the
Ordinance provides for special remedies to such owner. An
application is made to the Court for immediate provisional
orders to prevent infringement of copyright and for
preservation of any evidence relating to such infringement.
Criminal remedies provide imprisonment of the accused or
imposition of fine or both, seizure of infringing copies, and
delivery of infringing copies to the owner of the copyright.
In particular, there is an express provision in the Ordinance
which deals with the offences by companies. According to this
provision if a company commits any offence under the Ordinance
every person who was in charge of and responsible to the
company for the conduct of its business, as well as the
company will be deemed to be guilty of such offence and will
be liable to be proceeded against and punished accordingly.
However, if a person proves that the offence was committed
without his knowledge or that he exercised due diligence to
prevent the commission of the offence, will not be held liable
to any punishment. Further under the Ordinance a police
officer is also empowered to seize without warrant for
production before a Magistrate infringing copies of the work
and the equipment etc. used in connection therewith.
Administrative remedies consist of moving the Registrar of
Copyrights to ban the import and export of infringing copies
in Pakistan. An application may be made to the custom officer
(functioning under Customs Act, 1969) for examination and
detention of any consignment intended to be imported into or
exported out of Pakistan which is suspected to contain
infringing copies of any work which is the subject of
copyright.
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