INTELLECTUAL PROPERTY RAMEEN ZAHRA QURESHI(2017-BCS-021) Intellectual Property Trademark GROUP MEMBERS RABIA RIZWAN (2017- BCS – 056) CopyRight LAIBA SABIR (2017- BCS – 011) Patents COPYRIGHTS PRESENTED BY RABIA RIZWAN (2017- BCS – 056) Copyright Copyright Subsist First owner of copyright Rights of owner Term of copyright OVERVIEW Copyright office and legislation Registration of Copyright Copyright Board Copyright Infringement Offences and Penalties Copyright Cases Copyright is set of authors exclusive rights to COPYRIGHT permit certain acts such as reproduction, publication, public performance, adaptation related to literary and artistic creations such as books, music, paintings and sculptures, films and technology based work ( such as computer programs and electronic databases). Literary COPYRIGHT SUBSIST IN Dramatic Artistic work Cinematographic works Records In any cinematographic work if a substantial part of work is infringement of the copyright of other work. COPYRIGHT NOT SUBSIST IN In any record made in respect of literary, dramatic or musical work in making record. In the case of an architectural work of art, copyright shall subsist only in the artistic character and design and shall not extend to the process or methods of construction. Author Photographer FIRST OWNER OF COPYRIGHT Artist Composer Government , in case of government work Employer, in case of employment To reproduce work in any material form To publish work To perform the work in public RIGHTS OF COPYRIGHT OWNER To make adaptation of work To use mark in cinematographic work To make record in respect of work To produce, reproduce, perform or publish any translation of work. In case of literary, dramatic or musical work copyright subsists in lifetime of author until fifty years after the death of author. In case of cinematographic work copyright subsists fifty years from the date on which work is published. In case of posthumous work copyright subsists fifty TERM OF COPYRIGHT years from the date on which work is published. In case of photograph and record copyright subsists fifty years from the date on which work is published. If author identity is known and work is not publish posthumously within fifty years after death of author it shall fall into public domain. In case of unknown author it shall fall in public domain after fifty years from date of creation. After independence in 1947, Pakistan adopted the British Copyright Act, 1911; The British Copyright Act, 1911 was replaced by the Copyright Ordinance, 1962; COPYRIGHT OFFICE & LEGISLATION The Copyright Office, at Karachi in 1963; The Copyright Rules of, 1967 as amended in 2002; Registration started in 1967; The International Copyright Order, 1968; The Copyright Board (Procedure) Regulations 1981; Branch office in 1984 at Lahore; Part of IPO-Pakistan since 2005. Copyright Office provides registration of a copyright work. services for The registration of copyright work is voluntary REGISTRATION OF COPYRIGHT and granted only if an owner files an application as per prescribed method. Registration of copyright work is endorsed, as a certificate issued by the Copyright Office work as prima-facie evidence to prove the ownership of copyright before the court of law. Filing of application STEPS OF REGISTRATION OF COPYRIGHTS Examination Publication in newspaper (Artistic Work only) Opposition, if any Issuance of Certificate by Registrar (Registration) Board acts as appellate authority against any order of registrar. Board consist of chairman and three to five other members. COPYRIGHT BOARD It represent various stakeholders of copyright Rectification and Expunction of entries Compulsory licensing Appeal against the orders of board lies in high or supreme court. Copyright infringement includes: When a person without the permission of COPYRIGHT INFRINGEMENT owner of copyright does anything which includes in exclusive rights of owners. Intentional use of copyrighted work for profits e.g. sells, create copies, imports or exports. Reproduction of literary, dramatic musical or artistic work in form of cinematography work. Copyright infringement excludes: A fair dealing of literary, dramatic musical or artistic work for research or private study. COPYRIGHT INFRINGEMENT A fair dealing of literary, dramatic musical or artistic work for purpose of reporting event and for criticism or review. The reproduction of literary, dramatic musical or artistic work for judicial purposes. The adaptation of literary, dramatic musical or artistic work for sole purpose asked by instructor or to answer questions in examination. When copyright work is infringed the owner of copyright shall be entitled to all remedies of injunction, damages, accounts or may be conferred by law. CIVIL REMEDIES In case of literary, dramatic musical or artistic work a name claiming to be author or publisher the person whose name so appears in any proceedings in respect of infringement of copyright in such work, be presumed, unless the person is proved to be the author or the publisher of the work. If owner of copyright work is unable to institute immediate legal proceedings, the any other person having interest in copyright work apply to court for orders to prevent infringement. SPECIAL REMEDIES The court may pass interim orders without prior notice to offender if the court is satisfied that applicant has some interest in copyright work and the right of the applicant is likely to be infringed, effected or prejudiced and any delay in passing such orders is likely to cause irreparable harm to the applicant. Any person who knowingly publishes a collection OFFENCES & PENALTIES of works which have been adapted, translated or modified in any manner without the authority of the owner of the copyright in the original works, or who fraudulently tends to mislead the public or create confusion with another work published earlier, shall be punishable with imprisonment which may extend to 3 years, or with fine which may extend to 100,000 or with both. Penalty OFFENCES & PENALTIES for authorized and unauthorized reproduction or distribution of fake copies of sound recording and cinematographic work, for exploitation and adoption of recording or audio visual work planned for private use, for business profit and gain shall be punishable with imprisonment which may extend to 3 years, or with fine which may extend to 100,000 or with both. COPYRIGHT INFRINGEMENT CASE Rozee.PK files a copyright case against Right Jobs before Intellectual Property Tribunal with a plea that Right Jobs had been copying its job postings on its website without its permission or the permission of the companies that posted the jobs originally on Rozee’s site. Tribunal issued an interim order and heavily restrained Right Jobs from displaying, offering, advertising job postings copied from Rozee.PK in addition to ordering of removal of all previous jobs ads copied from rozee.pk on their site. THANK YOU