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

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MUHAMMAD AKRAM RAHI VS The COPYRIGHT BOARD Ss. 17, 18 & 39---Copyright Ordinance (XXXIV of 1962), S. 41---Intellectual property offences---Intellectual Property Tribunal---Jurisdiction, reconciliation of---Scope---Jurisdiction of all forums with respect to all suits and civil proceedings regarding infringement of intellectual property laws and that of Magistrate regarding offences under Copyright Ordinance, 1962 has been taken away by Intellectual Property Organization of Pakistan Act, 2012---Jurisdiction regarding such offences is vested with Intellectual Property Tribunal---For the purposes of reconciliation of S. 41(2) of Copyright Ordinance, 1962 with Intellectual Property Organization of Pakistan Act, 2012 all cases of rectification can be conveniently divided into two categories---First category of cases is of rectification simpliciter not based on any allegation of infringement or breach of any other intellectual property right under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012---Second category of cases is of rectification based on any allegation of infringement or breach of any other intellectual property right under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012---Determination of rectification cases by Copyright Board falling in first category does not create any inconsistency with jurisdiction of Tribunal under Intellectual Property Organization of Pakistan Act, 2012 and can be conveniently decided by Copyright Board---There is irreconcilable inconsistency with respect to second class of cases of rectification based on allegations of infringement of any existing intellectual property right under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012---Where rectification application contains allegations of infringement or breach of intellectual property rights under intellectual property laws included in Schedule of Intellectual Property Organization of Pakistan Act, 2012 jurisdiction to decide such application vests with Tribunal in terms of Ss. 17, 18 & 39 of Intellectual Property Organization of Pakistan Act, 2012.

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

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