How Lawyers Can Help Protect Your Intellectual Property Rights in the Cyber World

No matter who you are—an author, composer, designer, inventor, etc.—you should understand the use of the internet. Most likely, users of the web should know that they would come into conflict with the underlying currents of the technology. While some people post your work somewhere without your permission, it is illegal and steps should be taken to protect your rights.Josh and Mak International, Law Firms In PakistanIn general, there are ways in which you can establish your rights as an intellectual property owner. Protecting your valuable online intellectual property assets and deterring other people to use them is very important to ensure your products and services are distinct, and you can use some professional solutions to solidify remedies should people infringe upon them.

The following are some of the areas that we here at Josh and Mak International can help you with intellectual property rights in the cyber world:

Internet Law

Internet law is typically comprised of a variety of traditional practice areas that are updated and narrowed down for effective use in the coming years. As you can see, there are many things that come with the digital economy, along with its standards, so you should be familiar with the new ways of doing things on the net. Internet law balances competing interests in the cyber world, and one of the most prevalent problems in it is piracy. Now, you and other content producers, as well as those purchasing your rights, have to identify those people downloading your content through the internet. Well, our company can help you on any area, including the process of finding out the identity of infringers and protecting anonymity.

Trademarks

By tapping on the expertise of professionals who have experience with all the facets of intellectual property protection on the internet, you will be assisted with registration applications, trademark searches, portfolio management and transfers. Uniquely qualified to protect you against infringement risks, they will be able to help you with prosecuting and stopping infringers of your brand and defend you in domain name disputes. As you can see, these professionals’ expertise spans across an array of areas on the web, including consumer products, entertainment and technology.

Copyrights

As you can see, our firm can work with you on all internet-related activities involving copyrighted material, working with you side by side to enforce and secure your copyright. If you have a legal concern pertaining to foregoing copyright issues, we can provide you legal advice with regards to the best course of action to enforce and protect your intellectual property rights on the internet.

Our experience we here at Josh and Mak International enables us to help you to maintain the value of your online intellectual property brands—we have seen some success in negotiating and litigating disputes related to cutting-edge copyright, patent, trademark and other issues related to internet law.

Frequently Asked Questions on Copyrights

Copyright Registration & Infringement

Disclaimer: Any information contained herein this article is intended for informational purposes only and should not be construed as legal advice.

Which law regulates Copyright laws in Islamic Republic of Pakistan?

Copyright laws are regulated by the Copyright Ordinance, 1962 and Copyright Rules, 1967 which extend to whole of Pakistan.

Who is the first owner of copyright as per copyright laws?

The author of any work is considered to be the first owner of the copyright.

Is copyright registration necessary for protection in Pakistan?

Copyright Ordinance, 1962 does not require compulsory registration of copyright as it is secured automatically when the work is created, but registration does provide certain rights and is highly recommended.

Are computer software programmes protected by copyright law in Pakistan?

Yes, computer software programs are protected by copyright law. Copyright protects an author’s original expression in a computer programme.

I am writing for a company. Who owns the copyright, me or the company?

The general rule is that the person who creates a work is the author of that work but if the work is “made for hire,” then the employer, and not the employee, is considered the author. The employer may be an individual, firm, company or an organization.

Someone infringed my copyright, what can I do?

A Court action will do the needful to stop them.

What is the duration of copyright?

Copyright Ordinance 1962 provides that in any literary, dramatic, musical or artistic work published within the life-time of the author until fifty years from the death of the author. Terms of copyright in cinematographic, records and photographs shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is published.

What is the legal definition of plagiarism?

This is the attempt to pass off someone’s work as your own.

If something like a website, book etc. doesn’t have a copyright notice can it be copied?

No, copyright applies as soon as the work is created you need to get permission from the author.

Can I copyright my website?

Yes and from a business perspective, it will be a useful exercise.

Who owns a copyright in a film and song?

The producer of the film is the first owner of the copyright subject to any prior agreement. As a song has various components in it like music, lyrics etc. and thus include multiple subject matters of copyright which cannot be merged. Thus, no single person owns a song and cannot have copyright over it but there are a few exceptional cases which are considered where the music, lyrics and all the other components are created by the same person.

I am translating a book from English into French? Do I need permission from author or publisher?

Yes, you do need permission to translate a book and you can also apply to the relevant country’s Copyright Board  for a licence to produce and publish a translation.

What is a copyright license agreement?

This is an agreement by which the owner of the copyright for a work permits another person to exercise his rights and the said agreement has to be in writing.

I found an image on “Google Images” can I use it?

 

Your question is answered by Google Images itself; “The images identified by the Google Image Search service may be protected by copyrights. Although you can locate and access the images through our service, we cannot grant you any rights to use them for any purpose other than viewing them on the web. Accordingly, if you would like to use any images you have found through our service, we advise you to contact the site owner to obtain the requisite permissions.”

After the author’s death how will the right of inheritance will be transferred in regard to copyright?

Inheritance law will be applied and rights will be transferred, unless they have been assigned elsewhere.

When is copyright infringed?

Copyright in a work shall be deemed to be infringed when any person without the consent of the owner of the copyright, without a licence granted by such owner or from the Registrar of Copyrights does anything to infringe it such as copying, using etc. The exclusive right to do which is must be via a copyright ordinance conferred by the owner of the copyright.

I bought a book protected by copyright, am I free to make copies as I wish?

No, you should always abide by copyright laws. Buying a copy of book, computer programme, video, CD etc. by itself does not necessarily give you the right to make further copies. That right will remain with the owner, whose permission is necessary.Interesting in the UK, there is a rule that you cannot photocopy more than 10% of a book.

When can I use a work under an exception to copyright or what acts which do not constitute infringement?

Copyright Ordinance includes a number of limitation and exceptions which both limit the scope of copyright protection, and which allow free use of works under certain circumstances. The object of these provisions is to encourage private study, research and promotion of education. The exceptions contained in the copyright ordinance also include the fair dealing of a copyrighted work.

According to Copyright Ordinance what are the civil remedies for copyright infringement?

A copyright owner can take legal action against any person who infringes their copyright. The copyright owner is entitled to remedies by way of injunctions, damages and accounts and otherwise as are or may be conferred by law for the infringement of copyright.

What are the remedies for infringement of copyright?

Copyright law enables rightful holders to take legal action against anyone encroaching on the exclusive rights of the copyright holder. There are three kinds of remedies against infringement of copyright according to Copyright Ordinance, 1962; civil remedies, criminal remedies and administrative remedies.

A copyright offence was committed by a company, who will be responsible?

According to section 71 of the Copyright Ordinance, 1962 where any offence under the said ordinance has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such an offence and shall be liable to be proceeded against and punished accordingly.

What are the offences and penalties for infringement of Copyright law in Pakistan?

The relevant Offences and Penalties are as follows:

  • The penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and cinematographic work shall be punishable with imprisonment which may extend to three years or with a fine or with both.
  • The penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and cinematographic work shall be punishable with imprisonment which may extend to three years or with a fine or with both.
  • The penalty for exploitation and appropriation of recording or audiovisual work intended for private use shall be punishable with imprisonment which may extend to three years or with a fine or with both.
  • The penalty for making copies or reproductions in excess of those authorized by the copyright owner or his successor in title shall be punishable with imprisonment which may extend to three years or with a fine or with both.
  • The penalty of unauthorized rental of cinematographic works and computer programmes shall be punishable with imprisonment which may extend to three years or with fa ine or with both.
  • The possession of plates for the purpose of making infringing copies shall be punishable with imprisonment which may extend to two years or with a fine or with both.
  • The penalty for making false entries in the register, etc., or producing or tendering false evidence shall be punishable with imprisonment which may extend to two years or with a fine or with both.
  • The penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with a fine or with both.
  • The penalty for making false statements for the purpose of deceiving or influencing any authority or officer shall be punishable with imprisonment which may extend to two years or with a fine or with both.
  • False attribution or authorship, etc. shall be punishable with imprisonment which may extend to two years or with a fine or with both.

If you have an internet-related intellectual property matter, do not hesitate to call on an experienced internet trademark and copyright lawyer for consultation and solutions to get things done.Our team is available at 0092-300-5075993

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