Copyright Defined Copyright is a legal term describing rights given to creators for their literary and artistic works. Kinds of works covered by copyright.

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Presentation transcript:

Copyright Defined Copyright is a legal term describing rights given to creators for their literary and artistic works. Kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography;

Copyright Defined artistic works such as paintings, drawings, photographs and sculpture; architecture; advertisements, maps and technical drawings.

Legal Definition of Copyright According to The Copyright Ordinance, 1962 The exclusive right  to reproduce the work in any material form  to publish the work  to perform the work in public  to produce, reproduce, perform or publish any translation of the work  to broadcast the work  to make any adaptation of the work

Book Piracy Deliberate infringement of copyright on intellectual property and an absolute disregard for ownership or authorship of literary works Using another person’s opinion, ideas or works as if they were one’s own and without making any attempt at acknowledging their true source

The Copyright Ordinance, 1962 Salient features:  Period of copyright is the life of the author and 50 years after his death  Registration of copyright is not mandatory but recommended  Allows reproduction for ‘Fair Use’ in research, teaching, private study, criticism, review, news reporting, and judicial proceeding  Provides 3 types of remedies against infringement:  Civil  Criminal  Administrative

Copyright Amendment, 2000 Criminal penalties up to three years imprisonment or a fine of Rs.100,000 which are doubled for second or subsequent offenses Civil ex parte search orders (without notice to the defendant) Registrar’s authority to prohibit (seize, detain, etc.) the export and import of infringing copies A new right in “typographical arrangement” of a published edition of a work

Pakistan’s Response Pakistan Intellectual Property Rights Organization (PIPRO) was established in 2004 The Trade Marks Ordinance, 2001 The Copyrights Ordinance, 1962 The Patents Ordinance, The Registered Designs Ordinance, The Registered Layout-Designs of Integrated Circuits. Ordinance, 2000.

The Intellectual Property Organization of Pakistan Ordinance, 2005

PIPRO To establish the Intellectual Property Organization of Pakistan To provide for the protection of Intellectual Property Rights in Pakistan and for matters connected The Organization shall be a corporate body corporate having perpetual succession and a common seal with powers, to hold and dispose of the property both movable and immovable and shall by the said name sue and be sued.

PIPRO The Organization shall be an autonomous Organization but under the administrative control of the Cabinet Division. The Federal Government may setup offices of the Organization at such places, as it may deem necessary, as and when required.

Policy Board The Federal Government shall constitute a Policy Board of the Organization Consisting of the Chairman, Vice- Chairman and such other members from the public and private sectors, as it may deem fit. The Director-General shall act as ex officio Secretary of the Board.

Functions of the Chairman The Chairman shall be the Head of the Organization. He shall directly oversee the Director-General in the performance of his duties and responsibilities under this Ordinance, shall guide and direct him, as deemed necessary He will liaise and consult with the Federal Government, on behalf of the Board,

Functions and powers of the Board The Board shall be responsible for setting of objectives and policy guidelines of the Organization in accordance with the powers and functions as provided in ordinance. Approve policies, plans and programs of the Organization. The Board shall promote a modern system for the protection of intellectual property rights in Pakistan;

The powers and functions of the Organization Administer and coordinate all government systems for the protection and strengthening of intellectual property rights Advise the Government of Pakistan on policy relating to intellectual property rights; Plan for development and up-gradation of the intellectual property infrastructure and capacity in Pakistan; Propose and initiate intellectual property rights legislation for the protection of these in Pakistan

The powers and functions of the Organization Supervise and coordinate the working of all intellectual property offices including the Patent Office, Trade Marks Registry and Copyright Office; Prescribe, regulate or implement measures and standards on any matter related to or connected with intellectual property right;

The powers and functions of the Organization Accredit or certify and regulate any person as intellectual property agent; Levy such charges or fees as may be reasonable for services and facilities provided by the Organization Initiate and monitor the enforcement and protection of intellectual Property rights through designated law enforcement agencies of the government

The powers and functions of the Organization The law enforcement agencies shall keep the Organization regularly and appropriately informed of their actions 'arid operations against violations of intellectual property rights and ensure full liaison and cooperation with the Organization; Advise the Federal Government regarding the international negotiations in the area of intellectual property

The powers and functions of the Organization liaise and interact with counterpart Intellectual Property related organizations in other countries for capacity building and exchange of information; Coordinate, monitor or engage, in conjunction with other authorities, international agencies or Organizations, in any study or cooperation project related to intellectual property; Promote education and research in the field of intellectual property;