Intellectual Property Law

The Copyright Ordinance, 1962

Ordinance No. XXXIV of 1962 An Ordinance to amend and consolidate the law relating to copyright. CHAPTER I PRELIMINARY Short title, extent and commencement.—(1)ย This Ordinance may be called the Copyright Ordinance, 1962. (2)ย ย ย ย ย ย ย  It extends to the whole of Pakistan. (3)ย ย ย ย ย ย ย  It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint. Definitions.—In this Ordinance, unless there is any thing repugnant in the subject or context,— (a) โ€œadaptationโ€ means:— (i)ย in relation to a dramatic work, the conversion of the work into a non-dramatic work; (ii)ย in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise. (iii)ย in relation to a literary or dramatic work, any abridgment of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and (iv)ย in relation to a musical work, any arrangement or transcription of the work; (b)ย โ€œarchitectural work of artโ€ means any building or structure having an artistic character or design, or any model for such building o structure; (c)ย โ€œartistic workโ€ means:- (i)ย a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possess artistic quality; (ii)ย an architectural work of art; and (iii)ย any other work or artistic craftsmanship; (ca)ย โ€œaudio-visual workโ€ means a work which consists of a series of related images which are intrinsically intended to be shown by the use of a machine or device, such as a projector, viewer or electronic equipment,ย  together with accompanying sound, if any, regardless of the nature of the material object, such as film or tape, in which the work is embodied; (d)ย โ€œauthorโ€ means:— (i)ย ย in relation to a literary or dramatic work, the author of the work; (ii)ย in relation to a musical work, the composer; (iii)ย in relation to an artistic work other than a photograph, the artist; (iv)ย in relation to a photograph, the person taking the photograph; (v)ย in relation to a cinematographic work, the owner of the work at the time of its completion; and (vi)ย in relation to a record the owner of the original plate from which the record is made, at the time of the making of the place; (e)ย โ€œBoardโ€ means the Copyright Board constituted under section 45; (f)ย โ€bookโ€ includes every volume, or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan, separately printed or lithographed, but does not include a periodical or newspaper; (g)โ€calendar yearโ€ means the year commencing on the first day of January; (h)โ€cinematographic workโ€ means any sequence of visual images including video filmsย  of every kind, recorded on material of any description (whether translucent or not), whether silent or accompanied by sound, which, if shown (played back, exhibited) conveys the sensation of motion; (ha) โ€œcopyโ€ includes any material object in which a work is fixed by any method and from which the work can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device; (hb) โ€œcounterfeit copyโ€ means a copy which is an imitation of another copy and appears to be, but is not, genuine; (i)ย โ€œdeliveryโ€ in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast or telecast; (j) โ€dramatic workโ€ includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematographic work; (k)ย โ€œengravingsโ€ includeโ€ etchings, lithographs, woodcuts, prints and other similar works, not being photographs; (l)ย โ€œexclusive licenseโ€ means a licence which confers on the licensee or on the licensee and persons authorized by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work and โ€œexclusive licenseeโ€ shall be construed accordingly; (m)ย โ€œGovernment workโ€ means a work which is made or published by or under the direction or control of:- (i)ย the Government or any department of the Government; or (ii)ย any court, tribunal or other judicial or legislative authority inย Pakistan; (n)ย โ€œinfringing copyโ€ means,— (i)ย in relation to a literary, dramatic or artistic work, a reproduction thereof otherwise than in the form of a cinematographic work; (ii)ย in relation to cinematographic work, a copy of the work or a record embodying the recording in any part of the sound track associated with the film; (iii)ย in relation to a record, any record, embodying the same recording; and (iv)ย in relation to a programme in which a broadcast reproduction right subsists under section 24, a record recording the programme:— if such reproduction, copy or record is madeย  or imported in contravention of any of the provision of this Ordinance; (o)ย โ€œlectureโ€ includes address, speech and sermon; (p)ย โ€œliterary workโ€ includes works on humanity, religion, social and physical sciences, tables โ€œcompilations and computer programmes, that is to say programmes recorded on any disc, tape, perforated media or other information storage device, which, if fed into or located in a computer or computer-based equipment is capable of reproducing any informationโ€ (q)ย โ€œmanuscriptโ€ means the original document embodying the work, whether written by hand or not; (r)ย โ€œmusical workโ€ means any combination of melody and harmony or either or them, printed, reduced to writing or otherwise graphically produced or reproduced; (s)ย โ€œnewspapersโ€ means any printed periodical work containingย  public news or comments on public news published in conformity with the provisions of sections 5, 6, 7 and 8 of the Press and Publication Ordinance, 1960; (t)ย โ€œPakistani workโ€ means a literary, dramatic musical or artistic work, the author of which is citizen ofย Pakistanย and includes a cinematographic work or record made or manufactured inย Pakistan; (u)ย โ€œperformanceโ€ includes any mode of visual or acoustic presentation, including any such presentation by the exhibition of a cinematographic work, or by means of broadcast or by the use of a record,

The Copyright Ordinance, 1962

Trade Marks Ordinance, 2001. SC lawandpolicychambers

Engaging in Preparatory Steps or Carrying the Intention to Use Another’s Trademark Into Effect is also an Infringement of the Trade Marks Ordinance, 2001. SC

The Supreme Court has delivered a significant judgment, CLD 2022 SC 615, regarding the jurisdiction of the Intellectual Property Tribunal. In this ruling, the Court addressed two important questions. Firstly, is it possible to file a suit before the Tribunal when the dispute involves a co-proprietor of the trademark? Secondly, does such a dispute amount to passing off and violate the provisions of Section 40 of the Trade Marks Ordinance, 2001? The Court has answered both of these questions affirmatively, holding that if an agreement restricts a co-owner or proprietor from granting permission to a third party to use the name and style of the trademark without the consent of another co-owner/proprietor, any such act infringes on the rights of the other co-proprietor and falls under the jurisdiction of the Tribunal. Therefore, the Tribunal is competent to adjudicate such suits. Furthermore, the Court emphasized a crucial aspect of the case that could bring about significant changes to IP-related cases. It clarified that in order to establish a case of IP infringement under the Intellectual Property Ordinance, it is not necessary to demonstrate that the respondent has physically used the trademark and derived benefits from it. To bring a case before the Tribunal, it is sufficient to demonstrate the respondent’s intention to use the trademark and the steps taken to actualize this intention. This interpretation expands the scope of Section 40 of the Ordinance, considering an intention to use the trademark and preparatory steps as infringement within its provisions. This interpretation serves as a preventive measure to address potential infringements at an early stage. Click to Download

Engaging in Preparatory Steps or Carrying the Intention to Use Another’s Trademark Into Effect is also an Infringement of the Trade Marks Ordinance, 2001. SC Read More ยป

Competition Appellate Tribunal in passing off dispute lawandpolicychambers

SC Upholds Order of The Competition Appellate Tribunal in passing off dispute.

A very pertinent and highly significant judgment of the Supreme Court of Pakistan on the construction of Section 10 (2) (a) and 10 (2) (d) of the Competition Act, 2010; Justice Mansoor Alo Shah has authored the judgment and showed respect and complete restraint to interfere with the views of the Competition Appellate Tribunal and Competition Commission while adjudicating an appeal inย  Civil Appeals No. 444 & 445 of 2017. The Court has set many issues at rest including the meaning and the constituent ingredients ofย  passing off and injurious falsehood. The issue involved in the case was that Rahim Foods/Appellant had passed off its products as that of the Respondent, K & N Foodsย in contravention of the provisions of Competition Act, 2010. The Competition Commission after conclusion of the inquiry and subsequently the case found the Appellant guilty of violation of Section 10 (2) (a) and 10 (2) (d) of the Act. The Commission deemed it appropriate to fine the Appellant two million PKR collectively under these two provisions of the Act; one million under each. The appellant appealed against the order of the Commission to the Appellate Tribunal wherein the Tribunal set aside the order to the extent of section 10 (2) (a) saying that no direct harm to the Respondent was caused as the Appellant had not spread misleading information regarding the product of the Respondent. Thus the offence under the said section was not made out and fiNE to the tune of one millionย  imposed under the section was declared as illegal. Feeling aggrieved by the said order, Appellant and Commission both approached the Supreme Court to address their grievances. The Court held that no entity or a person can represent the goods he is selling as the goods of the rival competitor or manufacturer. The Court also held that in our statutory law, changes have been made to the concepts of injurious falsehood and passing off by incorporating the phrase harming the business interests of another undertakingโ€™ in subsection (a). The falsehood requires malice to be its constituent and passing off requires no such intention to cause harm to the rival. However, the Act has made the sate of mind relevant in case of passing off while omitting the same in the case of injurious falsehood under subsection (a). The Court further expounded upon the concept of confusing similarity and held that it is not necessary for the unwary purchase to be enough intelligent and vigilant to understand minute ingredients of a product. Over all impact of characteristics not the minute details of a good is sufficient toย  prove the confusing similarity between the products. At the end of the judgment, the Court also questioned if a quasi judicial forum feeling aggrieved by the order of its appellate forum may go into appeal against such order. In short words, whether a quasi judicial forum can be said to be an aggrieved party if its order has been set aside by appellate or upper forum. The Court, to this extent, held that no tribunal or quasi judicial forum can go into appeal by holding that he is aggrieved by the order of appellate forum. Click to Download  

SC Upholds Order of The Competition Appellate Tribunal in passing off dispute. Read More ยป

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