In a recent legal dispute regarding copyright law which included Nestle Pakistan Limited faced a lawsuit from Shehryar Kureshi and three others. The case centered on the song “Pyar Diyan Gallan,” which the plaintiffs claimed to have created in 1994. Nestle allegedly reproduced and broadcasted the song without proper authorization, leading to a claim for damages worth Rs. 14 million.
This case highlights key aspects of copyright law in Pakistan. It explores the importance of copyright registration, the scope of intellectual property rights, and the role of specialized courts in resolving such disputes.
The Role of Copyright Registration
A major issue in this case was whether copyright registration is mandatory for legal protection. The court clarified that under Section 39 of the Copyright Ordinance 1962, registration is optional, not compulsory. The use of the word “may” in the law shows that authors, publishers, or owners can choose to register their work. However, failing to register does not invalidate their copyright.
The court emphasized that copyright registration primarily serves as evidence of ownership. It helps protect creators from unauthorized use of their work. Even without registration, copyright holders can still sue for infringement. This interpretation aligns with earlier rulings, such as Messrs Ferozesons Pvt. Ltd. v. Dr. Col. Retd. K.U. Kureshi and Rabia Bai v. Zeeshan Farooqi. These cases upheld the rights of creators regardless of registration status.
Copyright Infringement and Passing Off
The plaintiffs argued that Nestle’s actions amounted to both copyright infringement and passing off. Passing off occurs when someone uses a creator’s work in a way that misleads the public. In this case, Nestle allegedly used the names of the original artists and the song’s title without consent, causing confusion and reputational harm.
The court noted that passing off is often linked to trademark disputes. However, it can also apply to unregistered works under copyright law. The main focus of the case remained on copyright infringement, as the plaintiffs’ claims centered on the unauthorized reproduction and broadcasting of their musical work.
Jurisdiction of Intellectual Property Tribunals
A key issue in the case was jurisdiction. The petitioners argued that the Intellectual Property Tribunal (IP Tribunal) had exclusive jurisdiction over copyright disputes. They cited the Intellectual Property Organization of Pakistan Act 2012. The court agreed, stating that specialized tribunals are better equipped to handle complex intellectual property matters.
The court referenced Section 18 of the IPO Act, which grants the IP Tribunal exclusive jurisdiction over all civil and criminal matters related to intellectual property rights. This includes cases involving copyright infringement, even if they involve additional claims like passing off. The court also highlighted recent amendments to the Code of Civil Procedure. These amendments bar civil courts from hearing cases where specialized laws, such as the Copyright Ordinance, apply.
Implications of the Judgment
The court’s decision to set aside the lower appellate court’s ruling has significant implications. It reinforces the importance of specialized courts in handling intellectual property cases. The judgment also clarifies that copyright registration is not a prerequisite for legal protection.
This case serves as a reminder for creators to safeguard their intellectual property rights. For businesses, it underscores the need to obtain proper authorization before using copyrighted material. Doing so can help avoid costly legal battles.
Conclusion
The Nestle vs. Shehryar Kureshi case sheds light on the complexities of copyright law in Pakistan. By emphasizing the optional nature of copyright registration and the exclusive jurisdiction of the IP Tribunal, the court has provided clarity on key legal issues. This case sets a valuable precedent for creators, businesses, and legal professionals navigating intellectual property rights in Pakistan.
As the creative industry grows, understanding and respecting copyright laws will remain crucial. This case is a step forward in fostering innovation and protecting the rights of creators.
For professional assistance with copyright services and related legal matters, contact Osama Khalil, Lawyer & Legal Consultant. You can reach him at:
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