Law of Intellectual Property in Pakistan

 

Introduction

The Pakistan Intellectual Property Rights Organization has been created under Pakistan Intellectual Property Rights Organization Ordinance 2005 to provide for protection of intellectual property in Pakistan. The Ordinance also provides for creation of Policy Board with functions to promote modern system for protection of intellectual property rights in Pakistan and to formulate procedures and necessary framework for utilization of funds generated or acquired through services, donations or grants, etc. More importantly, the Ordinance effects integration of the Trade Marks Registry, the Copyright Office and the Patent Office and makes them part of the Organization.

COPYRIGHT:

Copyrights are governed by the Copyright Ordinance 1962 which came into force in Feb. 1967 as amended by the Copyright (Amendment) Act 1992 and 2000 (for reference to the above ordinances and acts click the following link).

Nature and Term of Copyright.

A Copyright is property and an exclusive right to do or authorize others do such acts in relation to original work in question as are set out in Section 3 of the Ordinance.

Literary, Dramatic or Musical Work including Computer Software.

Copyright in the above mentioned works extends to acts of reproducing work in any material form; publishing or performing it in public; producing, reproducing, performing or publishing any translation; authorizing rentals of computer programs or cinematographic works; making an adaptation of work; using such work in cinematographic context or making record of it; communicating work by radio or loudspeaker. These works are provided for in the Dramatic Performances Act 1876 (for further reference click the following link). To protect the IT industry in Pakistan, recent amendments now define computer programs as literary works these ay be governed by the following Acts and Ordinance; Electronic Crimes Act 2003, Electronic Data Protection Act 2005, Electronic Transactions Ordinance 2005, Pakistan Registered Layout-Designs of Integrated Circuits Ordinance, 2000, Protection of Software Ordinance, 2000 (for further information click on the following link). A Term of copyrights is 50 years from beginning of calendar year next following year of author’s death if his true name is published or 50 years after publication of work if true name not published, provided that where identity of author is published before expiry of this 50 year period copyright will subsist until 50 years after his death. For joint authorship, copyright runs from death of survivor.

Artistic Work

Copyrights in artistic work extend to acts of reproducing work in any material form; publishing it; using it in cinematographic work; televising it or adapting it. Term of copyright is as mentioned above.

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