PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
• cinematographic works; and • records.
The applicant must then file Form II and pay the prescribed fees at the Copyright Registrar’s Office in Karachi or at the intellectual property offices in Lahore, Peshawar or Islamabad. Only one application can be filed for one work. Fur - thermore, in accordance with Section 39(2) of the Ordinance, if the applicant is applying for registration of an artistic work, they must adver - tise the work in either an English or Urdu-lan - guage newspaper, either where they are domi - ciled or carry out business activities, within one month of filing the application or within such extended time as the Registrar may determine, and must send two copies of the advertisement to the Registrar. The advertisement must be in the prescribed format as set out in Section 39(2) of the Ordinance and Section 4(3A) of the Copy - right Rules. The applicant for registration must send a copy of their application to every person who claims or has an interest in the subject mat - ter of the copyright or who disputes the rights of the applicant. The fee for the copyright registration is often revised and differs for each type of work. There - fore, it is advisable to cross-check the fees from the official Intellectual Property Organisation’s website . For 2023, the total official costs were under USD100. 3.9 Refusal of Registration A copyright application may be refused on dif - ferent grounds (such as lack of originality in a fixed tangible medium of expression) but not the underlying idea itself. There are several cat - egories of materials that cannot be copyright- protected. These include: • works that have not been fixed in a tangible form of expression;
Section 39 of the Copyrights Ordinance and Section 4 of the Copyright Rules further state the documents that are required for registration. • Form II, with full particulars of the applicant, including their name, address and national - ity, and details of the work applied for in the prescribed form. • A statement of particulars (only applies for the registration of literary, dramatic and musical works). • A statement of further particulars. • Three copies of the application (Form II) and three copies of the work to be copyrighted (in the case of literary, cinematographic works and records, the applicant only needs to sup - ply two copies of the work to be copyrighted). • A no-objection certificate (NOC) or affidavit for transfer of copyright from the artist or • creator who created the work, if applicable (this is used in works for hire or commis - sioned work). For literary works, the applicant requires an NOC or assignment of copyright from the copyright owner or writer in favour of the applicant, if applicable. In the case of record and cinematographic works, the applicant requires an NOC for assignment of copyright from all contributors (performers, singers, lyricists and musicians) of the work, if applicable. • An undertaking or affidavit for original creativ - ity of the work, by the applicant. • A pay order of the official fee as set out in the schedule of fees, in the name of the Director General of the Intellectual Property Organisa - tion. • A notarised power of attorney if an agent or attorney represents the applicant.
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