COPYRIGHT LAW IN PAKISTAN | PROTECTION OF COPYRIGHT & NEIGHBOURING RIGHTS UNDER TRIPS
Introduction: Copyright Protection in Pakistan and TRIPS Perspective
The protection of Copyright and Neighbouring Rights in Pakistan has evolved significantly over time and is not a new concept in this region. Contrary to common misconceptions, Pakistan possesses a well-developed legal framework for copyright protection, shaped by domestic legislation, judicial interpretation, and international conventions. This blog is structured in accordance with modern SEO standards and is based on a scholarly paper presented at the WIPO Regional Symposium on Copyright and the TRIPS Agreement for Asian and Pacific Countries.
Historical Development of Copyright Law in Pakistan
During the British India era, copyright protection was governed by the Berne Convention (1886) and the Imperial Copyright Act, 1911, later adopted as the Indian Copyright Act, 1914. Post-partition in 1947, Pakistan and India became foreign jurisdictions for copyright purposes, creating challenges in cross-border copyright enforcement.
Pakistani courts, however, consistently recognized foreign copyright protection through international conventions and Orders in Council, as affirmed in landmark judgments such as S. Sibtain Fazli v. Star Film Distributors (PLD 1964 SC 337) and Hotel Metropole Ltd. v. Performing Right Society Ltd. (PLD 1967 Karachi 168).
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