Copyright Board cannot hear rectification applications in cases of IP infringement

In a recent judgment by the Lahore High Court, it was clarified that the Copyright Board (CRB) is not authorized to hear rectification applications related to allegations of infringement or breach of intellectual property (IP) rights.

In a case presented to the court by Muhammad Akram Rahi, who contested the CRB’s decision to cancel the copyright entry of his poetry book, it was established that only the IP Tribunal holds the jurisdiction to address rectification applications involving infringement or breach of IP rights. The High Court said that the CRB can decide the cases of rectification, as long as they are not based on any allegation of infringement or breach of any other IP right so that it does not create any inconsistency with the jurisdiction of the IP Tribunal.

The High Court noted that the appellant had filed declaratory suits before the IP Tribunal seeking various declarations against the respondents. One of the issues under adjudication was whether the appellant holds the copyright of his poetry book and whether the respondents are infringing his IP rights. The High Court said that the claim of rectification of the copyright the respondent was seeking cancellation of was based on allegations of infringement and breach of IP rights of other authors and singers which could not be determined without deciding such allegations of infringement of IP rights. The court said that the decision rests with the IP Tribunal.

The High Court also dismissed an application of S M Sadiq, a poet attempting to become a respondent in the pending appeal, and observed that the applicant was not a necessary and proper party in the current appeal. The High Court allowed the appeal against the orders of the CRB and set aside the impugned order passed by the Board for being without jurisdiction and advised the respondents and the applicant to pursue their respective claims before the IP Tribunal.

The judgment passed by Justice Abid Hussain Chatta of Lahore High Court ruled in favor of the appellant. It was averred in the application that the poetry book – consisting of 1406 pages – was not the authentic work of the appellant, and rather, was plagiarized. References were made to some poems and songs that were written and sung by others but featured in his poetry book as his original work, demonstrating that he had infringed others’ IP rights.

It was also claimed that the respondents held ownership rights of some of the original authors and singers that were featured. As such, the appellant had concealed material facts while applying for copyright registration in his name in violation of various provisions of the Copyright Ordinance 1962.

The appellant actively resisted the claim of the respondents, stating that he is a renowned international poet, writer, singer, producer, compiler, and composer and has released several albums. He applied and obtained the copyright for his poetry book with good intentions to protect his IP rights.

The CRB, after hearing both parties and examining the evidence, opined that the poetry book of the appellant is not an authentic literary and original work and is plagiarized. Accordingly, the application for rectification was allowed and entry of copyright in favor of the appellant was ordered to be expunged.

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