Copyright Ordinance, 1962
The Copyright Ordinance, 1962 (Ordinance No. XXXIV of 1962), promulgated on 2 June 1962 by the President of Pakistan, constitutes the principal statute governing copyright in Pakistan. The Ordinance applies throughout Pakistan and lays down rules for the subsistence, enforcement, and protection of copyright. Section 10 specifies the categories of works in which copyright may subsist, including original literary, dramatic, musical and artistic works, cinematographic works, and sound recordings. However, Copyright Ordinance, 1962 does not extend to any design that is already registered under the Patents and Designs Act, 1911. For administrative purposes, the Federal Government is required to appoint a Registrar of Copyrights, with the option of appointing Deputy Registrars. In addition, the Copyright Ordinance, 1962 provides for the constitution of a Copyright Board, chaired by a Chairman, to discharge functions assigned under the statute.
The law sets out offences, penalties, and procedural requirements concerning infringement. Chapter XI addresses international copyright protection, whereas jurisdiction in civil copyright matters rests with the District Court, which is directed to dispose of cases within twelve months. Criminal jurisdiction is confined to Magistrates of the First Class. The law enforcement powers are also provided: a police officer not below the rank of Sub-Inspector may, upon satisfaction that an infringement has occurred or is likely, seize infringing copies along with plates or recording equipment, without warrant, and place them before a Magistrate. The Magistrate, upon conviction, may order part of the fine to be paid as compensation to the copyright holder or their legal heirs. Finally, under Section 82, the Copyright Rules, 1967 were framed to operationalize the Ordinance.
