Law: Civil Procedure Code (V of 1908)

Section: 1,2

Keywords: Result: Instant appeal allowed MIANGUL HASSAN AURANGZEB. J:-Through the instant appeal under Section 19 of Intellectual Property Organization of Pakistan Act, 2012, ("IPOP Act"), the appellants, Hassan Zia and Babar Javed, impugn the order dated 18.02.2016, passed by the Court of the learned Additional District Judge, Islamabad (exercising the powers of Intellectual Property Tribunal under the provisions of IPOP Act), allowing Mrs. Umera Arsam/respondent No.1's application under Order XXXIX Rules 1 2 Code of Civil Procedure, 1908 (C.P.C.) filed along with her suit for permanent injunction, damages, recovery of possession under Sections 60, 63 and 65 of the Copyright Ordinance, 1962. 2. Respondent No.1 has authored a novel called "Thoda Sa Aasman", which, she claims is protected by copyright. In 2008, respondent No.1 wrote a script for a drama, by the same name as the novel and based on the novel. This script was sold to respondent No.2 (Pakistan Television Corporation), which aired the drama in 2009. Under the agreement between respondent No.1 and respondent No.2, the latter gained proprietary rights over the said script. In 2005, the appellants, with the consent of respondent No.2, have used the said script with new characters and advanced technology with the intention of airing the same. Aggrieved by this, respondent No.1 instituted the above mentioned suit. Along with the said suit, respondent No.1 filed an application for interim injunction. Vide order dated, 18.02.2016, the learned trial Court allowed the said application. The said order has been impugned by the appellants in the instant appeal. 3. Learned counsel for the appellants drew the attention of the court to the terms and conditions of the agreement through which respondent No.1 had sold all rights with respect to the script for the 26 episode drama called "Thoda Sa Aasman", and submitted that respondent No.2 was well within its rights to sell the said script to any other party; that having sold the script, respondent No.1 did not have any rights with respect to the same; that in the year 2008-2009, respondent No.2 had produced and broadcast the drama on an adapted version of the novel…

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