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The IPO Act Grants the Tribunal Exclusive Jurisdiction over all Suits and Civil Proceedings regarding Intellectual Property Rights Infringements --- Lahore High Court

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The IPO Act Grants the Tribunal Exclusive Jurisdiction over all Suits and Civil Proceedings regarding Intellectual Property Rights Infringements --- Lahore High Court

Islamabad 10-07-2024: In a recent judgment, the Lahore High Court provided critical clarity on the jurisdictional boundaries between the Copyright Board and the Intellectual Property Tribunal concerning rectification applications involving allegations of copyright infringement.

The case [FAO No. 46541 of 2022], involved an appeal against an order by the Copyright Board. The Board had accepted an application for rectification filed by respondents, leading to the expunging of Rahi's copyright registration for his poetry book "IK AKRAM RAHI" on grounds of alleged plagiarism.

The appellant contended that the Copyright Board lacked jurisdiction to entertain the rectification application, arguing that the Intellectual Property Organization of Pakistan Act, 2012 (IPO Act) vested exclusive jurisdiction in the Intellectual Property Tribunal for such matters.

The High Court meticulously examined the relevant provisions of the Copyright Ordinance, 1962, and the IPO Act. It noted that while the Copyright Board is empowered under Section 41(2) of the Copyright Ordinance to rectify entries in the Register of Copyrights, this authority is limited to applications that do not involve allegations of infringement.

Citing the case "Messrs Shaheen Chemist through Proprietors and 3 others versus Zahid Mehmood Chaudhry and another" (2023 CLD 1), the Court highlighted that the IPO Act grants the Tribunal exclusive jurisdiction over all suits and civil proceedings regarding intellectual property rights infringements.

The Court concluded that the rectification application in question involved significant allegations of plagiarism and infringement, thereby falling within the Tribunal's exclusive jurisdiction. Consequently, it set aside the Copyright Board's order and directed that the matter be referred to the Intellectual Property Tribunal.

This judgment reinforces the exclusive role of the Intellectual Property Tribunal in adjudicating intellectual property disputes involving infringement claims, thereby ensuring a consolidated and specialized approach to such matters. The ruling underscores the importance of adhering to jurisdictional boundaries set forth by the IPO Act, aiming to streamline the adjudication process for intellectual property disputes in Pakistan.