Law: Copyrights Ordinance, 1962

Section: 39

(a) Copyright Ordinance (XXXIV of 1962)--- ----S. 39---Registration of copyrights---Word "may"---Scope---Words "may" and "shall" in legal parlance are interchangeable, depending upon the context in which they are used but legislative intent is to be seen and given effect to---Registration of copyrights in terms of S. 39 of Copyright Ordinance, 1962, is not mandatory but optional with the author, publisher, owner or other person interested in the copyright. (b) Copyright Ordinance (XXXIV of 1962)--- ----S. 39---Registration of copyrights---Object, purpose and scope---Purpose of registration of copyright is to protect interest of a person who has invented or prepared a particular work as against a person who wants to take undue advantage of the same in order to deceive the unwary public---Mere failure to get copyright registered does not invalidate or impair copyright nor destroys the right to sue for copyright infringement. Messrs Ferozesons (Pvt.) Ltd. v. Dr. Col. Retd. K.U. Kureshi and others 2003 CLD 1052; Rabia Bai v. Zeeshan Farooqi 2004 CLD 1163; Digital Medial Solutions Private Limited through Company Secretary v. Warid Telecom Private Limited through Faisal Saeed 2012 CLD 858 and Glaxosmithkilne Services Limited v. Anfords Pakistan (Pvt.) Limited SBLR 2017 Sindh 1537 rel. (c) Intellectual Property Organization of Pakistan Act (XXII of 2012)--- ----S. 2(h) & Schedule Entry 2---Copyright Ordinance (XXXIV of 1962), S. 39---Civil Procedure Code (V of 1908), S. 9 [as amended by the Code of Civil Procedure (Punjab) (Amendment) Act (XIV of 2018)], O. VII, R. 10---Suit for recovery of damages---Intellectual property---Copyrights---Jurisdiction of Courts---Principle---Special and general laws---Suit filed by respondents/plaintiffs for recovery of damages was returned by Trial Court to be filed before competent forum---Lower Appellate Court on appeal filed by respondents/plaintiffs remanded the matter to Trial Court for decision afresh---Validity---Court which is specialized and exclusive on a particular subject would be more equipped and focused to deal with special subject which may involve interpretation of specialized legal terms and concepts, as compared…

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