MUHAMMAD AKRAM RAHI vs The COPYRIGHT BOARD Ss — 2024 CLD 1277 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLD 1277 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLD
Parties: MUHAMMAD AKRAM RAHI vs The COPYRIGHT BOARD Ss
Provisions referred to: Pakistan Act (XXII of 2012); Pakistan Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AKRAM RAHI VS The COPYRIGHT BOARD Ss. 41 & 77---Intellectual Property Organization of Pakistan Act (XXII of 2012), Ss. 17, 18 & 39---Copyright entry, cancellation of---Infringement and breach of intellectual property rights---Jurisdiction of Copyright Board---Scope---Appellant was aggrieved of cancellation by Copyright Board of copyright registration made in his name---Validity--Claim of rectification of copyright filed by respondents seeking cancellation of entry of copyright made in favour of appellant, in essence, was not rectification simpliciter but was based on allegations of infringement and breach of intellectual property rights of other authors and singers allegedly protected under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012---Such claim could not be determined without deciding allegations of infringement of intellectual property rights---Jurisdiction to decide rectification application coupled with allegations of breach of intellectual property rights under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012 exclusively rested with Tribunal created and existing under Intellectual Property Organization of Pakistan Act, 2012---High Court set aside order passed by Copyright Board which was passed without jurisdiction---Appeal was allowed accordingly.

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