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Intellectual Property Protection [Autosaved]

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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
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