LAHORE: The Lahore High Court has held that the Copy Right Board (CRB) cannot hear a rectification application alleging infringement or breach of intellectual property rights.
The court passed this order in a petition from Muhammad Akram Rahi who approached the court against the CRB for canceling the copyright entry of his poetry book.
The court observed that under the intellectual property laws, only the tribunal has the jurisdiction to decide the rectification application alleging infringement or breach of intellectual property rights.
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The court said the CRB can decide the cases of rectification, being not based on any allegation of infringement or breach of any other intellectual property right as it does not create any inconsistency with the jurisdiction of the tribunal.
The court noted that the appellant has filed declaratory suits before the tribunal seeking various declarations against the respondents. One of the issues under adjudication is whether the appellant holds copyright to his poetry book and whether the respondents are infringing his intellectual property rights.
The court said the claim of rectification of copyright of the respondents seeking cancellation of entry of copyright made in favour of the appellant, is based on allegations of infringement and breach of intellectual property rights of other authors and singers which could not be determined without deciding such allegations of infringement of IP rights.
The court said the jurisdiction to decide such a rectification application coupled with allegations of breach of intellectual property rights rests with the tribunal.
The court also dismissed an application of S M Sadiq, a poet praying to allow him to become a respondent in the petition, and observed that the applicant is not a necessary and proper party in the petition.
The applicant, S M Sadiq, sought to become a party in the petition on the grounds that his literary works have been used by the appellant, causing him financial loss.
The court allowed the petition and set aside the impugned order of the CRB for being without jurisdiction and advised the respondents and the applicant to pursue their respective claims before the tribunal.
Copyright Business Recorder, 2024
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