An action would also lie against any person who for instance sold or distributed such copies here. Copy Right Act Presented to: Ma’am Fatima Presented by: Asma Maqsood (510) Kanwal Javed (495) Mahajabeen Awan (475) Tayyaba Yousaf (485) Aliza Ahmed (490) 8- (B) Rights of exclusive licenses versus free movement of goods. In a country like Pakistan where laws are very difficult to implement, copyright infringement has always been a concern, and the country has been on the Special 301 Watch List since 1989. In addition to government sanctioned laws, there is also Islamic law to consider in Pakistan. In addition to Pakistani and foreign owners of copyright, for purposes of civil remedies, Section 59 of the said Ordinance provides, in relevant part, that “unless the context otherwise requires the expression’ owner of copyright’ shall include………… (a) an exclusive Licensee………” Furthermore, sub-section (2) of section 74 of the said Ordinance, in connection with offence and penalties sates, in relevant part that “Any person having an interest in any copies of a work…………may within fifteen days of such seizure (of infringing copies) make an application to the Magistrate for such copies plates or recordings equipments being restored to him…………..”. 5. However, it is provided in sub-section 5 of Section 18 that no Court shall take cognizance of an offence punishable under the said section except upon complaint by the Censorship Board or a person authorized by it. The basic legal instrument governing copyright law in Pakistan is the Copyright Ordinance, 1962[1] as amended by the Copyright (Amendment) Ordinance, 2000. Section 202 of the Customs Act 1969 must be read with Section 63 of the Ordinance. However, in Penguin Books Limited, England v/s Indian Book Distributors and others AIR 1985 Delhi 29 reliance was placed on Time-Life International v/s Interstate Parcel Express Co. in order to prove secondary infringement by the importer. Under S.53 it is confiscation. In the main there are three types of piracies namely, piracy of the printed word, sound recordings and cinematographic works. o), the reproduction or publication of certain Government works (unless prohibited; cl. In the circumstances, it is possible to conclude that outside the U.S.A. and the EEC there is no general “concept International exhaustion” in national copyright regimes. The Federal Investigation Agency can take cognizance of such cases where violation of some Government work is involved. Pakistan has to face a tremendous pressure from Western countries due to widespread book piracy. (iv) Expected time and place of import of the infringing copies into Pakistan. 6- (E) Infringement of copyright. American books may be lawfully published in America. However, you may need to advise other people that you are the author of that work. We will fabricate a law office zeroed in on offering quality legitimate types of assistance, devoted to customer administration and noted for its trustworthiness. The importer cannot disregard the laws of other countries. Our expertise includes company formation, IP registration, protection and compliance management of foreign companies, franchises and distribution in Pakistan. Pursuant to Section 10(1) of the Copyright Ordinance 1962 (hereinafter referred to as the said Ordinance) copyright subsists, throughout Pakistan, in the following classes of works: (i) original literary dramatic, musical and artistic works; (ii) cinematographic works (including video films of every I've removed an old neutrality tag from this page that appears to have no active discussion per the … A large number of people illegally read photocopied books, watch copied movies and yet no … In the U.S.A. the Government has brought suits against various, British and American Publishers on complaints that their Agreements were in breach of the Anti-Trust Laws of the U.S.A., (commonly known as the Sherman Act) and consent decrees have been secured which ensure that the publishers are enjoined directly or indirectly from preventing any purchaser of a lawfully published work from importing or exporting such works to or from the U.S.A. In the circumstances, it is possible to conclude that foreign works of most countries of the world including the U.S.A. and those in Europe are protected in Pakistan. Works protected under Pakistan copyright law Original literary works Original dramatic works Original musical works Original artistic works Cinematographic films Records7 Exclusive rights of copyright owners in Pakistan (in general, please consult law for specific rights for each type of copyrighted work) To reproduce the work in any material form To issue copies of the work to … Recommend 0. In my respectful opinion he was wrong. LAW PRACTICE AREAS IN PAKISTAN Our central goal is to establish a climate to help a group of lawyers and staff that has an enthusiasm for our vision. Section 54 of the said Ordinance, in relevant part, states : (C) Registration of Copyright is not mandatory : (D) New disclosure requirements in respect of. India Distributors are infringing this right. Time-Life was exploiting its copyright in certain books by licensing them exclusively to a Dutch subsidiary, which in turn sublicensed an exclusive distributor in Australia. 5- (D) New discloure requirements in respect of records and video films. copyright in a work and "exclusive licensee" shall be construed accordingly; (m) "Government work" means a work which is made or published by or under the direction or control of:- (i) the Government or any department of the Government; or (ii) any court, tribunal or other judicial or legislative authority in Pakistan; The International Intellectual Property Alliance recommended last year that Pakistan remain on the Watch List, and USTR agreed, while noting "greater efforts to combat copyright … h), the performance of a literary, dramatic or musical work by the staff and students of an educational institution (cl. Its high time Pakistan put an end to it and enable modern civilized rules of equal right and rule of law in Pakistan & not 100% biased against Mon-Muslims. The object is to avoid payment of legitimate taxes to the Government and royalty to owners of copyright works. The act of copying of work, which is entitled to copyright protection, by any method, either directly or with the aid of a machine or device constitutes an infringement of the copyright in the work. We enable you to transfer rights to a third party should you wish to transfer copyright after being paid for the work you have created. A person interested in the Copyright may file a First Information Report under Section 15A the Criminal Procedure Code regarding the infringement. It is therefore, clear that for the purposes of civil and criminal remedies in Pakistan an exclusive licensee shall be deemed to be an owner of copyright to the extent of his interest and an aggrieved party in any legal proceedings to combat piracy in Pakistan. However, once the said incorporation and/or sale occurs the remedy of the owner of copyright is only by way of an action for conversion. Change ), You are commenting using your Facebook account. Registration of copyright is merely optional. [6], Certain acts are said not to constitute an infringement of copyright (s. 57). Without a doubt importation of a work illegally made in the country of manufacture would fall within the ambit of Section 58 of the Ordinance and that of paramateria sections in any national copyright legislation. It is true that in each case the common factor is an ‘infringing copy’. Pakistan: Data Protection Laws and Regulations 2020. Rule 19 of the said Rules requires the Registrar or any person authorized by him in this behalf to collaborate with the customs authorities for the purpose of examining alleged infringing copies on any ship vehicle dock or other premises where such copies may be found. On this issue the Court held at page 32 in para 10 as follows : “Copyright law is a territorial concept and each nation has its own laws. I would decide against the freedom (“liberty” as the learned Judge phrased it) from restriction claimed by India Distributors. Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves –, (a) that he was not aware that copyright subsisted in the work and he had reasonable ground for believing that copyright did not subsist in the work of which such copies are alleged to be infringing copies; or, (b) that he has reasonable ground for believing that such copies or plates do not involve infringement of the copyright in any work.”. Licenses may also be granted by the Copyright Board to republish a work withheld from the public (s. 36). There is a move discussion in progress on Talk:United States copyright law which affects this page. When copyright is infringed (s. 56), the owner of copyright (as well as the exclusive licensee) is entitled to certain civil remedies (injunction, damages, accounts; s. 60), either before the Court of the District Judge or the Copyright Board (s. 65; cf. XII. In this connection section 74 of the Ordinance provides Police Officer with the power to seize infringing copies plates and recording equipments. VII. So the nature of the remedy is different. All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof. The Court held at page 34, para 22, as follows : “Importation of books which are ‘infringing copies of the work’ is an infringement. The Court observed at page 35, para 23, that ; “Infringing copy” is defined in S. 2(m). The exclusive rights granted to owners of copyright in respect of copyright in respect of cinematographic works and records are given in sub-sections © and (d) of Section 3 of the Ordinance which are reproduced below : (c) in the case of a cinematographic work, to do or authorize the doing of any of the following acts, namely :–. The said Section in relevant part, provides as follows : “Any police officer, not below the rank of sub-Inspector, shall if he is satisfied that an offence under Chapter XIX in respect of infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant equipments used for the purposes of making infringed copies of the work and all plates and recording equipments u used for purpose of making infringed copies of the work, wherever found, and all copies, plates and recording equipments so seized shall, as soon as practicable, be produced before a Magistrate.”. (C) ) Procedure for application to restrain import of infringing copies : Pursuant to rule 18 of the Copyright Rules 1967 an owner of (which would include an exclusive licensee) or his duly appointed agent may make an application to the Registrar of Copyright on Form (VI), accompanied by the specified fee given in the second schedule, giving the particulars of the importation of infringing copies of the work. Our expertise includes company formation, IP registration, protection and compliance management of foreign companies, franchises and distribution in Pakistan. However, registration of copyright under Section 39 of the Ordinance by the author (owner) or other person interested in the work such as an exclusive licensee (distributor in Pakistan) shall constitute according to Section 42 of the Ordinance prima facie evidence that copyright subsists in the work and that the person shown in the certificate as the owner of the copyright is the owner of such copyright. On this issue the Court observed that the argument was meritless it was of the view that Section 53 (corresponding provision in Pakistan Section 58) gives an additional remedy. The failure to comply with the said provision is punishable with imprisonment which may extend to 3 years and/or with fine which may extend to Rs. A parallel importer brought copies in the U.S.A., where it was first published, from the American licensee. ENFORCEMENT OF ORDER OF REGISTRAR PROHIBITING IMPORT OF INFRINGING COPIES : Once an order, under Section 58 of the Ordinance, has been made by the Registrar, the import of infringing copies shall be deemed to be illegal and prohibited and all provisions of the Customs Act shall apply to the impugned import. Foreign works are covered by section 54 read with the International Copyright Order, 1968.[4]. Mumtaz & Associates is a Top Law firm of Pakistan, its head office is located in Karachi. In order to combat this particular form of piracy stringent amendments have been made in the copyright laws of many third world countries at the insistence of International Organisations and the countries at the insistence of International Organisations and the countries which are badly affected by such illegal acts. Although laser discs embodying sound recordings and cinematographic films were not conceived of at the time the traditional categories of copyright works were formulated. A large number of people illegally read photocopied books, watch copied movies and yet no … Finally, under Section 202 when a penalty is imposed on any person under this Act the appropriate officer may either (a) deduct such amount from money owing to such person which may be under the control of the Customs authorities, or (b) recover such amount by detaining and selling any goods belonging to such person which are under the control of the customs authority. In the light of the abovementioned cases it evident that in India and Australia, and in all probability in countries outside the EEC the national copyright law will prevail over claims of implied licence to import. The said section is reproduced here below : “Power to prohibit or restrict importation and exportation of goods. Definition of Trademark under the Trademarks Ordinance, 2001 Pakistan: "Trademark means any mark capable of being … The penalties for exhibiting an uncertified film are given in Section 18 of the Motion Pictures Ordinance which states, in relevant part, as follows, “18(1). In the case of subsequent offences, Section 70(B) of the provides for an enhanced fine upto rupees two hundred thousand. 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