Copyright Ordinance 1962

The Copyright Ordinance 1962 is the primary law that protects

copyright in Pakistan. It was introduced to regulate the rights of
creators and prevent unauthorized use of their intellectual works
such as books, music, films, and artistic creations. Below is a
clear elaboration of the ordinance.

1. Purpose of the Copyright Ordinance 1962 The main

objectives are to:

• Protect the rights of authors and creators.

• Encourage creative and intellectual work.

• Prevent unauthorized copying, reproduction, or distribution

of works.

• Provide legal remedies and penalties against copyright

infringement.

2. Meaning of Copyright

Copyright is the exclusive legal right given to the creator of an

original work to control how the work is used.

These rights generally include:

• Reproducing the work

• Publishing or distributing it

• Performing it in public

• Broadcasting it

• Translating or adapting it

• Making copies in any form

No one can perform these actions without permission from the

copyright owner.

3. Works Protected Under the Ordinance

The ordinance protects several categories of works, including:

1. Literary Works
 • Books

• Articles

• Computer programs

• Lectures

• Tables or compilations

2. Dramatic Works

• Plays

• Scripts

• Dramatic performances

3. Musical Works

• Music compositions

• Songs (lyrics and melody)

4. Artistic Works

• Paintings

• Drawings

• Sculptures

• Photographs

• Architecture

5. Cinematographic Works

• Films

• Movies

• Videos

6. Sound Recordings

• Recorded music

• Audio recordings

4. Ownership of Copyright

Generally, the author or creator of the work is the first owner of

copyright.
However, ownership may change if:

• The work is created under employment

• The rights are sold or assigned

• The work is created for government purposes Rights of

Copyright Owner The owner can:

• Reproduce the work

• Distribute copies

• Publish

• Perform publicly

• Adapt the work

Others cannot use the work without permission.

5. Duration of Copyright Protection

The protection period depends on the type of work.

Common durations include:

• Literary, dramatic, musical, and artistic works: Lifetime

of the author + 50 years after death

• Films, photographs, and sound recordings: Usually 50

years from publication

After this period, the work enters the public domain.

6. Copyright Infringement

Infringement occurs when someone uses a copyrighted work

without permission.

Examples include:

• Copying a book without authorization

• Pirating movies

• Illegal downloading or distribution

• Using music commercially without license

7. Exceptions (Fair Use / Fair Dealing)

The ordinance allows limited use without permission in some

cases:

• Private study or research

• Criticism or review

• News reporting

• Teaching or education

These uses must be reasonable and non-commercial.

8. Registration of Copyright

Although copyright exists automatically once a work is created,

authors can register their work with the Intellectual Property
Organization of Pakistan.

Registration helps in:

• Proving ownership

• Taking legal action against infringement

• Easier to enforce rights

9. Penalties for Copyright Infringement

The law provides civil and criminal remedies, such as:

• Fines

• Imprisonment

• Seizure of pirated materials

• Compensation to the copyright owner

10. Importance of the Ordinance

The Copyright Ordinance 1962 is important because it:

• Protects intellectual property

• Supports authors, artists, and creators

• Promotes cultural and creative industries

 • Reduces piracy and illegal reproduction

11. Remedies

Under Copyright Ordinance 1962:

Civil

• Injunction (stop activity)

• Damages (money compensation)

• Account of profits Criminal

• Fine

• Imprisonment Administrative

• Seizure of pirated copies

Patents Ordinance 2000

The Patents Ordinance 2000 is the main law in Pakistan that
governs the registration and protection of inventions. It
replaced the older Patents and Designs Act 1911 to
modernize Pakistan’s patent system and align it with
international intellectual property standards.

Below is a detailed explanation of the ordinance.

1. Purpose of the Patents

Ordinance 2000 The ordinance was
enacted to:
• Protect new inventions.

• Encourage innovation, research, and technological

development.

• Give inventors exclusive rights over their inventions.

• Prevent others from making, using, or selling an invention

without permission.
 It also helps Pakistan comply with international agreements
such as the TRIPS Agreement under the World Trade
Organization.

2. Meaning of a Patent

A patent is a legal right granted by the government to an

inventor for a new invention.

This right allows the inventor to:

• Make the invention

• Use the invention

• Sell the invention

• License the invention to others

No one else can use the invention without the permission of

the patent holder during the protection period.

2. What is an Invention?

Under the ordinance, an invention is:

A new product or process that involves an inventive step and is

capable of industrial application.

For an invention to be patentable, it must satisfy three main

conditions:

1. Novelty (Newness)
Novelty means the invention must be completely new and
must not have been publicly disclosed anywhere in the world
before the patent application is filed.

If the invention was already:

• Published in a book or article

• Shown at a conference

• Uploaded online

• Already patented

• Already used in public then it lacks novelty and cannot be

patented.
 Example:
If someone invents a new type of battery and files a patent
before anyone else publishes or uses it, the invention is
considered novel.

But if the same battery design was already described in a

research paper, it is not novel

2. Inventive Step (Non-Obviousness)

The invention must not be obvious to a person skilled in that

field.

In simple words:
The invention must involve creativity or innovation, not just
a small or obvious change.

Patent law asks:

Would an expert easily think of this idea?
If the answer is yes, then it does not involve an inventive
step.

Example:

Not inventive
Changing the color of a phone from black to blue.

Inventive ✔
Creating a new battery technology that doubles charging
speed.

3. Industrial Application (Usefulness)

The invention must be useful and capable of being made or

used in industry.

It must have practical application.

“Industry” includes:

• Manufacturing

• Technology

• Agriculture

• Medicine

• Engineering
 If an invention cannot be used practically, it cannot be
patented.

Example:

Industrial application ✔
A machine that purifies water faster.

No industrial application
A purely theoretical idea with no practical use.

4. Types of Patentable Inventions Examples include:

• Machines and equipment

• Pharmaceutical products • Chemical compositions

• Manufacturing processes

• Technological devices

4. Inventions That Cannot Be Patented

The ordinance excludes certain things from patent

protection, such as:

• Scientific discoveries

• Mathematical methods

• Business methods

• Medical or surgical treatment methods

• Plants and animals (except microorganisms)

• Inventions contrary to public order or morality

4. Rights of the Patent Holder

A patent owner has exclusive rights to:

• Manufacture the patented product

• Use the patented process

• Sell or distribute the invention

• Import the patented product

• License or transfer the patent

Anyone using the invention without permission commits

patent infringement.

4. Duration of Patent Protection

Under the Patents Ordinance 2000, a patent is protected for:

20 years from the filing date of the application.

After this period, the invention becomes public domain,

meaning anyone can use it.

5. Patent Registration Procedure To obtain a patent in

Pakistan:
1. Application Filing
The inventor submits an application describing the
invention.

2. Examination
The patent office examines whether the invention meets
legal requirements.

3. Publication
The application is published for public information.

4. Grant of Patent
If approved, the patent is granted.

Patents are registered with the Intellectual Property

Organization of Pakistan.

9. Patent Infringement

Patent infringement occurs when someone:

• Makes the patented product without authorization

• Uses the patented process

• Sells or imports the patented invention without permission

10. Remedies and Penalties

If infringement occurs, the patent holder can take legal

action such as:
 • Court injunction to stop the infringement

• Compensation or damages

• Seizure of illegal products

10. Compulsory Licensing

In some situations, the government may allow others to use

a patented invention without the owner’s permission
through compulsory licensing, for example:

• Public health emergencies

• National interest

• If the patent owner is not supplying the invention

adequately.

12. Remedies

• Injunction

• Damages

• Seizure of goods

• Destruction of infringing products

Trade Marks Ordinance 2001

The Trade Marks Ordinance 2001 is the law in Pakistan
that governs the registration, protection, and use of
trademarks. It replaced the older Trade Marks Act 1940 to
modernize trademark protection and align Pakistan with
international intellectual property standards. Below is a
detailed elaboration.

1. Purpose of the Trade Marks

Ordinance 2001 The ordinance was
enacted to:
• Protect brand names, logos, and symbols used by
businesses.

• Prevent confusion among consumers regarding the origin of

goods or services.

• Stop counterfeiting and imitation of well-known brands.

• Provide legal protection and remedies for trademark owners.

 It helps businesses build brand identity and reputation in
the market.

2. Meaning of a Trademark

Atrademark is a sign, symbol, word, logo, design, or

combination used to identify and distinguish the goods or
services of one business from another.

Examples of trademarks include:

• Brand names

• Logos

• Symbols

• Slogans

• Shapes or packaging of products

Atrademark helps customers recognize the source of a

product or service.

3. Types of Trademarks

The ordinance recognizes different forms of trademarks,

such as:

• Product Marks
Used for identifying goods or products.

Example: Brand name on a packaged item.

• Service Marks
Used to identify services rather than goods.

Example: Banking, telecommunications, or hotel services.

• Collective Marks
Used by members of an association or organization.

• Certification Marks
Used to certify that products meet certain quality standards.

4. Characteristics of a Valid Trademark

To be registered under the ordinance, a trademark must:

• Be distinctive

• Not be deceptive or misleading

• Not be identical or confusingly similar to an existing
trademark

• Not violate public morality or law

Distinctiveness means that the mark should clearly identify

the source of goods or services.

5. Rights of the Trademark Owner

Once a trademark is registered, the owner has the exclusive

right to:

• Use the trademark for their goods or services

• Prevent others from using a similar or identical mark

• License the trademark to others

• Sell or transfer the trademark

• Take legal action against infringement

5. Duration of Trademark Protection

A registered trademark is valid for 10 years from the date of

registration

It can be renewed indefinitely every 10 years, as long as

renewal fees are paid.

6. Registration of Trademarks

Trademark registration in Pakistan is handled by the

Intellectual Property Organization of Pakistan.

Registration Process

1. Application submission

2. Examination by the trademark registry

3. Publication in the trademark journal

4. Opposition period (if someone objects)

5. Registration and certificate issuance

8. Trademark Infringement

Trademark infringement occurs when someone uses a

trademark that is:

• Identical to a registered trademark

 • Confusingly similar to a registered trademark

This may mislead consumers about the origin of products.

Examples include:

• Selling counterfeit products with a famous logo

• Copying a well-known brand name

• Using similar packaging to deceive buyers

9. Legal Remedies for Infringement

The trademark owner can take legal action, including:

• Injunction (court order to stop the infringement)

• Compensation or damages

• Seizure of counterfeit goods

• Criminal penalties in serious cases

10. Importance of the Ordinance

The Trade Marks Ordinance 2001 is important because it:

• Protects business reputation and brand identity

• Prevents consumer deception

• Encourages fair competition in the market

• Supports commercial and economic development

Registered Designs Ordinance 2000

The Registered Designs Ordinance 2000 is a law in Pakistan that
provides legal protection for the visual design or appearance of
industrial products. It was introduced to replace older colonial
laws and modernize the system for protecting industrial designs
in line with international standards.

1. Purpose of the Registered Designs Ordinance

2000 The ordinance was enacted to:
• Protect the original designs of industrial products.

• Encourage innovation in product appearance and creativity.

• Prevent copying or imitation of product designs.

 • Provide legal rights and remedies to designers.

It helps industries protect the aesthetic features of products,

which can play an important role in marketing and competition.

2. Meaning of a Registered Design

A registered design refers to the visual appearance of a product,

including its:

• Shape

• Configuration

• Pattern

• Ornamentation

• Composition of lines or colors

These features must be applied to an article through an industrial

process and must appeal to the eye.

Important: The ordinance protects appearance, not the technical

function of the product.

3. Examples of Registered Designs

Design protection can apply to products such as:

• Furniture designs

• Bottle shapes

• Electronic product casings

• Textile patterns

• Packaging designs

• Household appliances

For example, the unique shape of a bottle or packaging style may

be protected as a registered design.

4. Requirements for Design Registration For a design to be

registered, it must:
 1. Be new or original

2. Not previously published anywhere in the world

3. Be capable of industrial application

4. Have visual appeal

If a design has already been disclosed to the public before

registration, it cannot be protected.

5. Rights of the Registered Design Owner

Once a design is registered, the owner has the exclusive right to:

• Use the design for commercial production

• Prevent others from copying or using the design

• License the design to others

• Sell or transfer ownership of the design

This gives the designer legal control over the appearance of the
product.

6. Duration of Design Protection Under the ordinance:

• A registered design is protected for 10 years from the date
of registration.

• The protection may be extended for an additional 10 years.

Therefore, the maximum protection period is 20 years.

7. Registration Authority

Designs in Pakistan are registered through the Intellectual

Property Organization of Pakistan.

Registration Procedure

1. Submission of a design application with drawings or images.

2. Examination by the design registry.

3. Approval and registration if requirements are met.

4. Issuance of a design registration certificate.

8. Design Infringement

Infringement occurs when someone:

• Copies a registered design

• Manufactures or sells products with a similar design

• Uses the design without permission from the owner

9. Remedies for Infringement

If infringement occurs, the design owner may seek:

• Court injunction to stop the use of the design

• Damages or compensation

• Seizure of infringing products

10. Importance of the Ordinance

The Registered Designs Ordinance 2000 is important because it:

• Protects creative product designs

• Encourages industrial and artistic innovation

• Supports fair competition in the market

• Prevents design piracy and imitation.

Question 1

A student writes his own mobile app code. Another student

downloads it and submits it as his project.

Ans) Yes, this constitutes copyright infringement under the

Copyright Ordinance 1962.

The source code of a software program is considered a literary

work, which is protected by copyright law.

The second student copied the original code without

permission, violating the author's exclusive rights. Rights of
the Original Developer The developer has the right to:

• Reproduce the code

 • Distribute the software

• Authorize its use

Remedies

The developer may seek:

• Injunction to stop use

• Damages

• Legal action for infringement.

Question 2

YouTuber uses music and clips from a media company without

permission.

Ans) Yes, this is copyright infringement.

Music and video clips are copyright-protected works.

Using them in monetized videos without permission or license

violates the rights of the copyright owner.

Remedies

The copyright owner may seek:

Civil remedies:

• Injunction

• Damages

• Account of profits Criminal remedies:

• Fine

• Imprisonment Administrative:

• Removal of videos.

Question 3

AI model trained on copyrighted images without permission.

Ans) This raises copyright infringement issues.

The copyrighted images belong to the original artists. Using them
to train an AI system without permission may violate reproduction
and usage rights.

Legal Issues

1. Unauthorized use of copyrighted images.

2. Possible infringement during training process.
3. Ownership of AI-generated content is legally unclear in
many jurisdictions.

Artists may claim that their works were used without

authorization.

Question 4

Engineer patents encryption algorithm. A company uses it without

permission.

Ans) Yes, this constitutes patent infringement under the Patents

Ordinance 2000.

A patent gives the inventor exclusive rights to use the invention.

Using the patented algorithm without permission violates those

rights.

Remedies

The inventor can seek:

• Injunction

• Damages

• Seizure of infringing software

• Destruction of infringing products.

Question 6

Research group presents invention at conference before patent

filing.

Ans) Public disclosure destroys novelty.

Patent law requires that an invention must be new.

Presenting the design publicly before filing may mean the
invention is no longer considered novel, making it ineligible for
patent protection.

Therefore, patent applications should be filed before public

disclosure.

Question 7

Gaming company uses famous cartoon character and logo without

permission.

Ans) Two IP rights are violated:

1. Copyright

The cartoon character is an artistic work protected by copyright.

2. Trademark

The logo represents a brand identity protected under trademark

law.

Legal Consequences

The original owner can seek:

• Injunction

• Damages

• Seizure of products

• Legal penalties.