Law:

Section:

(a) Intellectual Property Organization of Pakistan Act (XXII of 2012)------- --------Ss. 19 & 17-------Copyright Ordinance (XXXIV of 1962), Ss. 60, 63 & 65-------Specific Relief Act (I of 1877), Ss. 55 & 8-------Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2-------Agreement with regard to proprietary rights over the script of novel-------Using the said script with new characters-------Suit for permanent injunction, damages and recovery of possession-------Ad interim temporary injunction, grant of-------Scope-------Trial Court while giving findings on application for temporary injunction had not adverted to the terms and conditions of agreement executed between the parties-------Defendant had purchased the script of drama from the plaintiff whereafter same had become his property who had right to allow the use of said script, characters or performances to any other person or organization-------Defendants could not be restrained from using the script which had been sold to them-------Defendants could not tamper with or change around the script-------Changed/altered script would give a cause of action to seek a restraint against the use of the same-------Adaptation of the original script to modern technology with new characters and in a new setting did not, prima facie, violate plaintiff rights-------Plaintiff had sold out all rights with regard to script of novel to the defendants-------Plaintiff could not make any grouse against the defendants for using the script which she had sold-------Impugned interim order was modified to the extent that defendants in the suit were restrained only from altering, changing or modifying the script for the novel-------Appeal was allowed accordingly. Khadim Hussain v. The Additional District Judge, Faisalabad PLD 1990 SC 632; Muhammad Musa Ansari v. Gul Sahib Jan Khattak 1991 CLC 1483; Rauf B. Qadri v. State Bank of Pakistan PLD 2002 SC 1111; Zahid Zaman Khan v. Khan Afsar PLD 2016 SC 406 and District Council Haripur v. Zaheer Ullah Khan PLD 1994 Pesh. 228 ref. (b) Intellectual Property Organization of Pakistan Act (XXII of 2012)------- --------Ss. 19 & 17-------Copyright Ordinance (XXXIV of 1962), Ss.…

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