𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧:
𝐀 𝐂𝐨𝐦𝐩𝐫𝐞𝐡𝐞𝐧𝐬𝐢𝐯𝐞 𝐆𝐮𝐢𝐝𝐞

Copyright Registration in Pakistan protects original literary, artistic, musical, and other creative and intellectual works. Although protection is automatic upon creation under the Berne Convention (an international treaty that protects the rights of creators of artistic and literary works), registering your work can provide valuable legal evidence and additional benefits. Governed by the Copyright Ordinance 1962 and administered by the Intellectual Property Organization of Pakistan (IPO-Pakistan), this guide outlines the process, benefits, and key considerations for registration.

Types of Products/Works Covered Under Copyright

Pakistan’s copyright law protects a broad spectrum of creative works. These include, but are not limited to:

• Literary Works: Novels, poems, articles, computer software (including source code and object code), and databases.
• Artistic Works: Paintings, drawings, photographs, sculptures, graphic designs, and architectural designs.
• Musical Works: Musical compositions, both with and without lyrics.
• Dramatic Works: Plays, screenplays, choreographic works (if notated), and other dramatic performances.
• Cinematographic Works: Films, documentaries, and video recordings.
• Sound Recordings: Audio recordings of music, spoken word, or other sounds.
• Other Creative Works: Maps, technical drawings, and other original creative expressions.

Each category has its own nuances in terms of documentation and evidence required, so it’s important to ensure your submission clearly identifies the type of work you are registering.

Why Copyright Registration Is Important

While copyright protection exists automatically, formal registration provides several practical advantages:

• Prima Facie Evidence: A registration certificate is strong evidence in legal disputes, helping to prove ownership and the date of creation.
• Legal Presumption: In court, a registered copyright is presumed to be valid, which can significantly strengthen your position in infringement cases.
• Ease of Enforcement: With formal registration, you are better positioned to enforce your rights against unauthorized use or copying of your work.
• Deterrence: The existence of a certificate may discourage potential infringers from misusing your work.
• Commercial Leverage: A registered copyright can add value to your creative output, making it easier to license, sell, or use as collateral in financial transactions.

Benefits of Copyright Registration in Pakistan

Registering your copyright in Pakistan brings several benefits:

• Legal Security: Establishes a public record of your claim, which can be invaluable during litigation.
• Clear Ownership: Helps prevent disputes by clearly demarcating the boundaries of your creative work.
• Monetary Gains: Enhances your ability to monetize your work through licensing, distribution, or sale.
• International Recognition: Since Pakistan is a signatory to international conventions like the Berne Convention, a registered work may enjoy better protection in foreign jurisdictions.
• Business and Collaboration: For creators and businesses alike, having registered copyrights can build trust with investors, collaborators, and customers.

Copyright Term

Copyright protection is generally granted for the lifetime of the creator plus 50 years. After this period, the work usually enters the public domain

• Trademarks vs. Copyrights:
  • Trademarks protect brand names, logos, slogans, and other identifiers that distinguish goods and services in the marketplace.
  • Copyrights protect the original creative expression found in artistic works, literature, music, and more.

Feature	Copyright	Trademark
Subject Matter	Original literary, artistic, and creative works	Distinctive symbols, words, or designs used to identify and distinguish goods or services.
Purpose	Covers the expression of ideas	Focuses on brand identity and recognition.
Registration	Not mandatory but recommended	Provides significant legal advantages.
Term	Lifetime of the creator plus 50 years.	10 years from the date of filing, renewable.
Key Benefit	Proof of ownership & enhanced protection against infringement	Exclusive rights to use trademark in relation to registered goods/services, brand recognition.

Can Registered Trademarks be registered in Copyright?

Short answer is yes, while a trademark and a copyrighted work are distinct forms of intellectual property, there can be overlaps. A logo or a unique design element that is part of a trademark might also be protectable by copyright if it qualifies as an original artistic work.

Benefits of Dual Registration:

1. Extended Protection: Copyright lasts 50+ years vs. trademarks (10-year renewable terms).
2. Broader Enforcement: Pursue infringement under both copyright and trademark laws.
3. Global Reach: Copyright protection under Berne Convention complements territorial trademarks.

Note: Trademarks protect brand identity, while copyright covers artistic expression. Registration processes are separate.

Step-by-Step Registration Process

1. Eligibility Check:

Verify that the work qualifies for copyright protection and registration in Pakistan. Different types of works have different requirements, such as literary, artistic, or musical creations.

• Submit Form XIV(Copyright Application) to the IPO-Pakistan.
• Include:

1. Two copies of the work (e.g., manuscript, recording, artwork).
2. Author’s details (name, address, nationality).

• No Objection Certificate (NOC) if the work is commissioned or created under employment.

2. Application:

Submit a formal application to the Copyright Office, including details about the work like title, type, and author’s name. A separate application is required for each work. Form II, as per Rule 4(i), must be used.

3. Required Documents:

Gather the necessary documents:

• Application for registration of copyright in triplicate in Form-II. The applicant should send a copy to every other person who may be affected and interested in the copyright of the work.
• Statement of Particulars in triplicate.
• Statement of Further Particulars in triplicate for Literary, Dramatic, Musical, and Artistic works.
• Three copies of the work if it is a literary, dramatic, or musical work.
• Two copies of the work if it is an artistic work.
• A physical or digital copy of the work. At least two copies of the best edition must be submitted.
• Proof of identity for individuals or legal representation for companies.
• Power of attorney, if applicable.
• If professional services are used, an affidavit from that professional stating they have no claim to the work.

4. Submission:

Submit the completed application form, required documents, and payment receipt to the Copyright Registration Office of IPO-Pakistan. Applications can be submitted in person or by registered mail.

5. Examination and Verification:

The IPO will review the application to ensure it meets all requirements. The Examiner will analyze the filed Application for any discrepancy. If no discrepancy is found, the registration application will be accepted and further send to the Registrar for the entry in the Register and issuance of Copyright Certificate.

6. Publication (for artistic works):

For artistic works, the applicant needs to place an advertisement in the newspaper.

7. Opposition:

After newspaper publication, there is a mandatory waiting time for objections to be received. If any objection/opposition is received, then the Registrar sends a letter to both parties about the objections and will give both of them a chance of hearing.

8. Issuance of Certificate:

Upon successful processing, IPO-Pakistan will issue a registration certificate, which serves as evidence of copyright ownership. The copyright registration details, including the owner’s name and the nature of the work, are usually published in the Copyright Journal. The Registrar will enter the details of your work into the Register of Copyrights. Upon completion, you will receive a copy of the entries in the Register of Copyrights.

Duration of the Registration Process:

The copyright registration process in Pakistan typically takes several months, often ranging from 6 to12 months or even longer, depending on the workload of the Copyright Office and the complexity of the application. Delays can occur due to objections, incomplete documentation, or administrative backlog.

Fees for Copyright Registration:

The fee for copyright registration varies depending on the type of work.

The official fee schedule can be obtained from the Copyright Office or their website. It’s advisable to check the current fee structure before filing the application

Analysis

Copyright registration in Pakistan is a vital step for creators to protect their original works and reap the associated legal and commercial benefits. Understanding the process, requirements, and benefits is essential for maximizing the value of your creative output.

Moreover, while trademarks and copyrights serve different purposes, overlapping protection (such as registering a creative logo under both regimes) can offer an extra layer of security, ensuring that both your brand identity and the underlying artistic design are well-protected.

If you’re unsure about the interaction of copyright and trademarks in your specific situation, it’s always advisable to consult with an intellectual property Expert.