Trademark and IP
Copyright Registration in Pakistan: What It Adds and How to File
Copyright in Pakistan exists without registration, so registering does not create it. What it adds is a certificate that section 42(2) of the Copyright Ordinance 1962 makes prima facie evidence that copyright subsists and that you own it. You apply to IPO's Copyright Office on Form II, one work per application. The fee is Rs 2,000 for most works, Rs 5,000 for software and Rs 10,000 for a film.
We do this for clients:Copyright Registration in Pakistan
Where these figures come from
- Sources
- Sourced from the Copyright Ordinance 1962, the Copyright Rules 1967 and IPO Pakistan's gazetted fee schedule of March 2019.
- Last checked against the sources
- by BarrioVibe.
This is general guidance from the sources above, not advice on your situation. Procedures and official fees change, so confirm the current position before you file, or speak to us first.
What registration adds
Section 10 says copyright subsists in original literary, dramatic, musical and artistic works, cinematographic works and records, and nothing in it depends on registration. IPO's Copyright Office describes registration as voluntary.
What registration buys is evidence. Under section 42(2), a certificate of registration is prima facie evidence that copyright subsists in the work and that the person named as owner is the owner. Under section 42(1), certified extracts from the Register are admissible in every court without further proof. Without a certificate you prove authorship and ownership from scratch, with drafts, files and witnesses, at the point you can least afford delay.
Registration also puts the work on a public register that anyone may inspect under section 38, which is a quieter benefit: someone checking before they copy can find you.
The registration fee for each kind of work
From the notification substituting the Second Schedule to the Copyright Rules 1967, effective 14 March 2019, issued under section 82 of the Copyright Ordinance. IPO's live fee page matched it when this guide was reviewed. Every fee is per work.
| Kind of work | Examples | Fee |
|---|---|---|
| Literary work | Books, articles, lectures, compilations | Rs 2,000 |
| Computer programme or software | Source code, applications | Rs 5,000 |
| Artistic work | Paintings, photographs, drawings, sculptures, architectural works | Rs 2,000 |
| Artistic work used with goods or services | Logos, labels and monograms used in trade | Rs 6,000 |
| Cinematographic work | Films, dramas, animated movies and games | Rs 10,000 |
| Record work | Music, sounds, songs | Rs 2,000 per song or sound |
| Musical work with video | A song with its video | Rs 2,000 per song |
Other copyright fees
| Application | Section | Fee |
|---|---|---|
| Opposition to someone else's registration | s.39 | Rs 6,000 |
| Registering an assignment, on Form III | s.40 | Rs 3,000 |
| Copies or extracts from the Register, per page | s.38 | Rs 300 |
| Stopping import or export of infringing copies, on Form VI | s.58 | Rs 20,000 |
| Rectification of the Register before the Copyright Board | s.41(2) | Rs 6,000 |
| Appeal to the Copyright Board | s.76 | Rs 10,000 |
What can be registered
Rule 3 of the Copyright Rules 1967 divides the Register into four parts, which match the classes of work in section 10.
- Literary, dramatic and musical works. Section 2(p) defines literary work to include tables, compilations and computer programmes, meaning programmes on any storage device that can reproduce information when fed into a computer. Software is therefore a literary work, registered at its own fee of Rs 5,000.
- Artistic works, including paintings, photographs, drawings, sculptures and architectural works. A logo, label or monogram used in trade is registered here at Rs 6,000, and IPO asks for the trade mark number if the work is also filed as a trade mark.
- Cinematographic works, including films, dramas, animation and games.
- Records, meaning sound recordings, registered per song or sound.
The procedure
Section numbers are from the Copyright Ordinance 1962 and rule numbers from the Copyright Rules 1967.
- 1
Decide who applies, under section 39(1)
The author, the publisher, the owner of the copyright, or any other person interested in it may apply. If a business applies for work someone else created, it needs the creator's assignment or no-objection certificate first.
- 2
Complete Form II, under rule 4(1)
In triplicate, one work per application, with the statement of particulars: the class of work, title, language, author, whether and where it was first published, and who owns each right in it, including any assignments or licences.
- 3
Notify every other interested person, under rule 4(3)
A copy of the application goes to every other person interested in the copyright at the same time as you file it.
- 4
Advertise, for artistic works only
Under the proviso to section 39(2) and rule 4(3-A), the work itself must be advertised in a national Urdu or English daily circulating where you live or do business, within one month of filing, and two copies sent to the Registrar. IPO publishes a set format for the advertisement.
- 5
The objection window
Rule 4(4) lets the Registrar register if no objection arrives within thirty days of receiving the application. For artistic works, section 39(2) requires one month after the advertisement without objection, extendable to two. An objector pays Rs 6,000.
- 6
Examination and certificate
The Registrar enters the particulars and issues a certificate, or records in writing why not. IPO's published averages are nine months for examination and two months to issue the certificate, eleven months from filing to registration.
The documents IPO asks for
From IPO's published procedure for copyright registration. The fee is paid by demand draft or pay order in the name of the Director General, IPO-Pakistan.
- Three copies of Form II, for every kind of work.
- Copies of the work itself: two for literary works, including software, three for artistic works, and two on disc or USB for films and recordings.
- An affidavit that the work is original, in IPO's format.
- A no-objection certificate or assignment from the author or creator where the applicant is someone else, and from every contributor to a film or recording.
- For artistic works, two original copies of the newspaper carrying the advertisement.
- A vakalatnama if an advocate files for you.
Who owns software before anyone registers it
Section 13 makes the author the first owner, with exceptions. Under 13(c) an employer owns work made by an employee in the course of employment, unless they agree otherwise. Under 13(b) a person who commissions a photograph, painting, portrait, engraving or film for payment owns it, again unless agreed otherwise.
Software commissioned from an independent developer fits none of those exceptions, so the developer is the first owner even though you paid for it. Ownership passes only by assignment, and section 15 says no assignment is valid unless it is in writing and signed by the assignor. An invoice and a delivered repository are not an assignment.
Once you have the written assignment, you can register it on Form III for Rs 3,000 under section 40, which puts the transfer on the public record alongside the work.
How long copyright lasts
| Work | Term | Section |
|---|---|---|
| Literary, dramatic, musical and artistic works published in the author's lifetime | Life of the author plus 50 years, from the start of the next calendar year | s.18 |
| Anonymous and pseudonymous works | 50 years from the year after first publication | s.21 |
| Cinematographic works | 50 years from the year after publication | s.20(1) |
| Records | 50 years from the year after publication | s.20(2) |
| Photographs | 50 years from the year after publication | s.20(3) |
Copyright, trade mark or patent
A logo can be registered as an artistic work and as a trade mark, and the two do different jobs: copyright protects the drawing against copying, while a trade mark protects the brand in trade in the classes you register. IPO's procedure asks for the trade mark number when an artistic work is also used as a mark, which assumes you will often do both.
Software is the other overlap. IPO describes computer software as excluded from patent protection, so for most software copyright is the protection available, and it needs no registration to exist.
Questions
The questionspeople ask
Is copyright registration compulsory in Pakistan?
No. Copyright subsists under section 10 of the Copyright Ordinance 1962 without registration, and IPO describes registration as voluntary. Registering gives you a certificate that section 42(2) makes prima facie evidence that copyright subsists and that you own it.
How much does copyright registration cost in Pakistan?
Per work: Rs 2,000 for a literary or artistic work, Rs 5,000 for software, Rs 6,000 for an artistic work used with goods or services such as a logo, Rs 10,000 for a film, and Rs 2,000 per song or sound for records. These are the fees in force since 14 March 2019.
How long does copyright registration take in Pakistan?
IPO publishes an average of eleven months from filing to registration: about nine months for examination and two months to issue the certificate. Artistic works also need a newspaper advertisement and a one-month objection window.
Can I register software copyright in Pakistan?
Yes. Section 2(p) of the Copyright Ordinance 1962 includes computer programmes in the definition of literary work, and the fee schedule prices software registration at Rs 5,000. IPO asks for two copies of the work and an affidavit of originality.
Which form is used for copyright registration in Pakistan?
Form II, filed in triplicate with a statement of particulars under rule 4 of the Copyright Rules 1967. Changes to registered particulars use Form III, which is also the form for registering an assignment.
Who owns copyright in work made by an employee in Pakistan?
The employer, unless they agree otherwise. Section 13(c) makes the employer first owner of a work made in the course of employment under a contract of service. No written agreement is needed for the employer to own it, only to change that.
Do I own the software I paid a freelancer to write?
Not unless the developer assigned it to you in writing. A freelancer is not an employee, so under section 13 the developer is the first owner. Section 15 requires any assignment to be in writing and signed, and section 14(1) limits an assignment by an individual author to ten years.
Do I need to advertise my copyright application?
Only for artistic works. Section 39(2) and rule 4(3-A) require the work to be advertised in a national Urdu or English daily within one month of filing, with two copies sent to the Registrar, and registration waits for a month without objection.
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