Jurisdiction of Copyright Board on IP Infringements

This case revolves around the appeal filed by Muhammad Akram Rahi against the order of the Copyright Board, which expunged and canceled his copyright registration for a poetry book titled "Ik Akram Rahi". The Copyright Board's decision was based on allegations that the book contained plagiarized content. The core legal contention is whether the Copyright Board had the jurisdiction to decide on the matter involving allegations of intellectual property infringement, or whether such matters should exclusively be under the purview of the Intellectual Property Organization (IPO) Tribunal established by the IPO Act, 2012.

Key Issues:

The Respondents (represented by Sohail Riaz) claimed that the poetry book was not original work by the Appellant but instead included plagiarized content from other poets and singers. They argued that they held the intellectual property rights, acquired through assignments from the original authors, and thus sought rectification of the copyright register under Section 41(2) of the Copyright Ordinance, 1962.

Appellant’s Defense: The Appellant, Muhammad Akram Rahi, countered that he had legitimately obtained the copyright for his book, following due process under Section 39 of the Copyright Ordinance. He claimed that he was a recognized international poet and that his work was original and not plagiarized.

Jurisdictional Argument: The Appellant's primary argument on appeal was that the Copyright Board lacked the jurisdiction to hear and decide on applications involving intellectual property rights infringements. According to the Appellant, such matters fall under the exclusive jurisdiction of the IPO Tribunal, as mandated by the IPO Act, 2012.

Court's Analysis: The court examined the provisions of both the Copyright Ordinance and the IPO Act. It noted that while the Copyright Board has certain powers under the Copyright Ordinance, the IPO Act, being a later statute, consolidated the regulation of intellectual property rights and vested exclusive jurisdiction in the IPO Tribunal for matters involving intellectual property infringements.

Case Law: In Shaheen Chemist vs. Zahid Mehmood Chaudhry (2023 CLD 1), the view was supported that the IPO Tribunal has exclusive jurisdiction over intellectual property infringement matters. The Supreme Court of Pakistan reinforced the exclusive jurisdiction of the IPO Tribunal in cases involving allegations of intellectual property infringement in Muhammad Multazam Raza vs. Muhammad Ayub Khan (2022 SCMR 979).

Conclusion: The Lahore High Court concluded that the Copyright Board did not have the jurisdiction to adjudicate the rectification application, which was based on allegations of intellectual property infringement. Such jurisdiction lies exclusively with the IPO Tribunal. Consequently, the order of the Copyright Board was declared void ab initio.

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