Intellectual property rights (IPRs) are the claims of persons over the creations of their mind, which give them the exclusive rights over their work for specific period.

The IPRs include, the copyrights and the rights relating to copyright - also called the neighbouring rights, trademarks, patents, industrial designs and trade secrets. This article deals with the copyrights and neighbouring rights vis-a-vis Pakistan.

Copyright is an exclusive right to reproduce and publish an original work of authorship including the literary, the artistic, the musical, the dramatic and the cinematographic work. Neighbouring rights include the rights of performers - the actors, the singers, the producers of sound recordings and the broadcasting organization.

The main purpose of the protection of copyrights is to encourage and reward the creativity in a way that is good, for both, the individual and the society. Without encouraging creativity, no society can make socio-economic progress. As for the individual, he must be rewarded for his creative efforts, otherwise there will be little incentive for him to bring forth more creative work.

However, to ensure both the individual and the social good, copyright legislation must strike a balance between the interests of the creator, author, artist - and those of the society.

That is why grant of the IPRs is subject to various limitations and exceptions. For example, fair dealing with a work purely for research, criticism and instruction does not constitute copyright infringement.

Copyrights are internationally regulated by the Agreement on Trade Related Aspects of Intellectual Property Rights (Trips) of the World Trade Organization (WTO), to which Pakistan is also a signatory. Regarding copyrights, the Trips Agreement incorporates the substantive provisions of the Berne Convention 1971 and adds certain other provisions.

The agreement sets out the minimum standard of protection to be provided by each member country. As for implementing the agreement's various provisions, members are free to determine appropriate methods. The salient features of the agreement, particularly those pertaining to copyrights are:

* Non-discrimination, a fundamental principle of the WTO, is also basic to Trips. Non-discrimination finds expression in two other principles. The National Treatment and the Most Favoured Nation Treatment (MFN). Under Article 3 of Trips, for protection of the IPRs, a member country shall not discriminate between its own nationals and those of other nationals. This is called the National Treatment. As for MFN Treatment, Article 6 of the agreement makes it obligatory upon a member country to extend any favour or advantage given to the nationals of another member to those of all other members.

* Under Article 8, members can adopt measures, consistent with Trips Agreement, to prevent abuse of the IPRs by the right holder or practices that unreasonably restrain the trade or transfer of technology.

* Under Article 10, computer programmes are to be treated as literary works.

* A copyright work is to be protected until 50 years after the death of the author. However, in certain cases, the term of protection is shorter. In the event that the term of protection is calculated on a basis other than the life of the author, the minimum period is 50 years after the work was produced.

* The grant of copyrights is subject to certain limitations and exceptions. However, this should not prejudice the legitimate interests of the right holder or prevent normal exploitation of a work (Article 13).

In Pakistan, the copyrights and neighbouring rights are protected by the Copyright Ordinance 1962 as amended, the last amendment being in the year 2000. The Ordinance protects the rights of the author of original literary, musical, dramatic and artistic work, and the rights of performers, broadcasters and producers of films and sound recordings. Section 3 of the Ordinance gives a comprehensive definition of copyright.

Copyright is defined as the exclusive right to reproduce, adapt, translate, and publish a work and to restrain others from doing so without authorization. However, fair dealing with a work for research and criticism is allowed.

In case of literary and artistic works, copyright subsists until 50 years after the death of the author. In case of cinematographic works and sound recordings, the period is 50 years after the work as produced or published.

The Ordinance also protects the rights of the author of work produced outside Pakistan. Section 54 empowers the government to extend any provision of the Ordinance to a foreign work.

Though copyright in a work subsists the moment the work is created, registration is a prima facie evidence of its validity. Accordingly, Section 43 sets up a Copyright Office headed by the Registrar for copyright registration. The office is an attached department of the ministry of education. There is also a Copyright Board for the enforcement of copyrights and dispute settlement. It is headed by a chairman, who has been, or is qualified to be, a High Court judge. Representatives of authors, publishers and film industry are also on the Board. Under Section 78, both the Board and the Registrar have the powers of a civil court.

As for the safeguards against copyright infringement, both civil and criminal remedies have been provided. Under section 60, the owner of a copyright is entitled to all such civil remedies as are available against the infringement of any other right. These remedies are available by way of injunctions, damages and accounts enforceable through a decree of the court or the Copyright Board. Import or export of the infringing copies of a copyrighted work is not allowed (Section 60-A).

As for criminal remedies, copyright infringement is a cognizable offence punishable, under section 66, with three-year imprisonment or Rs100,000 fine or both. Section 74 empowers the police to seize without warrants all infringing copies of a work.

Thus the Copyright law of Pakistan has adequate provisions to safeguard the copyrights. Though there are limitations and exceptions to the enjoyment of these rights, for instance provisions regarding compulsory licensing, these are in public interest in keeping with the Trips Agreement. The law also, in compliance with Trips Agreement, protects works of foreign authors. Import or export of infringing copies is prohibited and infringement has been made a cognizable offence.

However, notwithstanding these legal safeguards, piracy is rampant in Pakistan, particularly those of books and software. Go to any market, and one will find pirated books, cassettes or the CDs. The fault lies not with the law but with its enforcement. Hence, the Copyright Office, Copyright Board and law enforcement agencies need to shore up their fight against the piracy.