COPYRIGHT LAW IN PAKISTAN | PROTECTION OF COPYRIGHT & NEIGHBOURING RIGHTS UNDER TRIPS
Introduction: Copyright Protection in Pakistan and TRIPS Perspective
The protection of Copyright and Neighbouring Rights in Pakistan has evolved significantly over time and is not a new concept in this region. Contrary to common misconceptions, Pakistan possesses a well-developed legal framework for copyright protection, shaped by domestic legislation, judicial interpretation, and international conventions. This blog is structured in accordance with modern SEO standards and is based on a scholarly paper presented at the WIPO Regional Symposium on Copyright and the TRIPS Agreement for Asian and Pacific Countries.
Historical Development of Copyright Law in Pakistan
During the British India era, copyright protection was governed by the Berne Convention (1886) and the Imperial Copyright Act, 1911, later adopted as the Indian Copyright Act, 1914. Post-partition in 1947, Pakistan and India became foreign jurisdictions for copyright purposes, creating challenges in cross-border copyright enforcement.
Pakistani courts, however, consistently recognized foreign copyright protection through international conventions and Orders in Council, as affirmed in landmark judgments such as S. Sibtain Fazli v. Star Film Distributors (PLD 1964 SC 337) and Hotel Metropole Ltd. v. Performing Right Society Ltd. (PLD 1967 Karachi 168).
Copyright Ordinance, 1962 | Foundation of Modern Copyright Law
The promulgation of the Copyright Ordinance, 1962, effective from 1967, marked a significant milestone. It expanded copyright protection to:
- Literary works
- Dramatic works
- Musical works
- Artistic works
- Cinematographic works
- Sound recordings
Pakistani courts have consistently interpreted this Ordinance liberally to enhance copyright protection, as seen in Ruhul Ameen Nejamee v. Province of East Pakistan (1969 DLC 631).
Scope of Literary, Artistic & Digital Works under Copyright Law
The definition of literary work has been broadened through judicial interpretation to include maps, charts, plans, tables, and compilations. Amendments introduced in 1992 further extended protection to:
- Computer programs
- Digital compilations
- Electronic storage media
Similarly, artistic works, cinematographic works, dramatic works, and musical compositions have been defined expansively, ensuring protection regardless of artistic merit, provided originality exists.
Copyright Infringement & Judicial Interpretation in Pakistan
Pakistani courts have firmly held that copyright is a proprietary right, and ignorance is no defence to infringement. In Abbas Hussain Faruqui v. Royal Printing Press (PLD 1970 Karachi 554), it was established that originality, not quality, determines copyright protection.
Courts have also rejected administrative permissions that conflict with copyright ownership, as reaffirmed in Friends Education Publishers v. F.E.P. International (PLD 1997 Karachi 456).
Educational Exceptions & Public Interest under Copyright Law
Amendments introduced in 1973 allowed the Federal Government limited authority to reprint or adapt copyrighted works strictly for teaching, study, or research. While controversial, these provisions were intended to balance public interest with intellectual property rights.
Comparable doctrines of fair dealing and public interest, as recognized in English jurisprudence and international practice, continue to influence Pakistani copyright interpretation.
Copyright (Amendment) Act, 1992 | Strengthening Enforcement
The Copyright (Amendment) Act, 1992 revitalized enforcement mechanisms by:
- Introducing new definitions (audio-visual works, counterfeiting, copies)
- Granting police powers of search and seizure without warrant
- Making copyright infringement a cognizable and non-bailable offence
- Enhancing penalties up to three years imprisonment and heavy fines
Section 74-A empowered Magistrates to award monetary compensation to aggrieved copyright owners.
Civil and Criminal Remedies for Copyright Infringement
Under Section 60 of the Copyright Ordinance, 1962, copyright owners may seek:
- Permanent and interim injunctions
- Damages and accounts of profits
- Criminal prosecution
- Remedies before the Copyright Board
Enhanced penalties under Sections 66 to 70-B reflect Pakistan’s commitment to copyright enforcement.
Challenges in Copyright Enforcement in Pakistan
Despite strong laws, enforcement faces practical challenges, including:
- Lack of specialized training for police officers
- Procedural delays in criminal trials
- Absence of specialized copyright courts
The establishment of dedicated copyright Magistrates and awareness programs is crucial for effective enforcement.
Conflict with Publication of Books Ordinance, 1969
The Publication of Books (Regulation and Control) Ordinance, 1969 grants Provincial Governments powers that may conflict with copyright protections. Pakistani courts have clarified that such administrative permissions cannot override copyright ownership, emphasizing the supremacy of the Copyright Ordinance, 1962.
Legislative reform is urgently needed to align this Ordinance with international treaties and TRIPS obligations.
International Obligations: TRIPS & WIPO Conventions
Pakistan’s copyright regime is influenced by:
- TRIPS Agreement
- Berne Convention
- WIPO Copyright Treaties
Continuous legislative updates are essential to meet international standards and technological advancements.
Conclusion: Strengthening Copyright Protection in Pakistan
Pakistan possesses a comprehensive legal framework for copyright protection. However, effective enforcement requires:
- Legal awareness among copyright owners
- Institutional capacity building
- Legislative harmonization
- Specialized judicial mechanisms
With proper implementation, Pakistan can ensure robust protection of copyright and neighbouring rights, fostering creativity, investment, and compliance with international intellectual property standards.
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