Law:

Section:

(a) Trade Marks Act (V of 1940) Ss.2(1)5 & 21 Trade Marks Rules, 1963 Fourth Sched. Copyright Ordinance (XXXIV of 1962), Ss.42, 23 & 3 Patents and Designs Act (II of 1911), S.12 Registration of trade mark, copyright and patent and design Effect. Trade mark' is registrable in respect of some vendible goods in any' of the 34 classes detailed in 4th Schedule to the Trade Mark Rule. Trade mark, in fact, is relatable to or associated with any vendible goods. Such vendible goods acquire special significance when same are associated or reputed to be associated with any trade mark, such goods in commercial parlance may be referred as "Branded good". Indeed Trade mark, Copyright, a Patent and Design give monopolistic right to the registered owner thereof in the sense that such right holder has right to use and exploit such property to the exclusion of others. However as far as trade marks are concerned such are meant to distinguish the goods of owner of the mark whether registered (or otherwise like prior user) from that of the other manufacturers or producers of goods. Such distinction is for the benefit of consumer of such goods, though it also benefits the manufacturers and producers of such goods as well. There is no corresponding provision to section 5 of the Trade Marks Act, under the Copyright Ordinance 1962. Copyright in terms of section 3 of the Ordinance, 1962 is an exclusive right in relation to literary, dramatic, musical, artistic work, in any tangible medium of comprehension either audio or visual in any form that could be copied reproduced, multiplied, communicated, transmitted, repeated, broadcast, telecasted, adopted in any form. Generally artistic work could be protected under the Copyright Ordinance, 1962. Copyright in such artistic work is not necessarily or directly associated with any vendible goods unless of course same is used or proposed to be used and is desired to be used for some vendible goods then in terms of section 14 of the Trade Marks Act, 1940 same are required to be registered as such. From the scheme of the Copyright Ordinance it appears to protect "copyright" in original work, by itself it is not relatable or associated with…

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