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Monday 26 October 2015

Implementing Copyrights Law in Pakistan

Copyright protection in Pakistan is a major economic, political and diplomatic issue.

In Pakistan, where laws are hardly implemented, copyright infringement has always been a source of concern, and the country has been on the Special 301 Watch List since 1989.

Pakistan updated its copyright law with amendments in 1992. However, no significant progress against pervasive copyright piracy was made until 1994, when raids against video piracy began. The International Intellectual Property Alliance recommended last year that Pakistan remain on the Watch List, and United State Trade Representatives (USTR) agreed, while noting "greater efforts to combat copyright piracy" are required.

While I was skimming through articles on book piracy, I learned that Pakistan is one of the world’s worst markets for books, as piracy of published materials is rampant. Large-scale photocopy piracy and higher quality print piracy have completely decimated the market for most legitimate publishers. This is a worrisome state of affairs. The Federal Investigation Agency (FIA) must devote resources and manpower to raid pirate printers and warehouses where pirated books are stored, and pirate retailers, especially those in the Karachi and Lahore Urdu Bazaars. The Ministry of Education must ensure that (International Intellectual Property Alliance 2007 Special 301: Pakistan Page 355) all books being used in educational institutions are legitimate copies.

Their is another study about Fix Royalty-Free Book Compulsory License that violates Trade-Related Aspects of Intellectual Property Rights (TRIPS), which tells that the government of Pakistan amended its copyright ordinance in 2000 to include Section 36(3) that allows a royalty-free compulsory license of books. This amendment was passed without any opportunity for publishers to comment. This provision threatens to further diminish a market already almost completely overrun by piracy. This royalty-free compulsory license violates the Berne Convention and TRIPS and the government of Pakistan should rather be working on to repeal it.

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.

Pakistan needs to understand the issues. Why do we have to care about copyrights? Who owns what? And later, formulate rules for using others' works (copyright compliance), guiding users about fair use, licensing rights and regulating them.

Pakistan also needs to implement a comprehensive copyright policy that provides basic guideline. This guidance should give in educational institutes; school, colleges and universities.

Guidance for faculty, students and staff could start from clarifying ownership issues, explaining fair use and other educational exemptions. Develop strategies to accommodate (for now) and reduce (for the future) and create a need to take permissions. To build a cyber infrastructure, transactional and subscription licensing, acquiring electronic access that covers predictable user needs, assessing the university's role in scholarly communication.

A thoughtful policy should made that is widely disseminated will go a long way towards establishing the good faith requisite to the most effective defenses available to universities under copyright law.

Also the growth in the internet usage has put further pressure on the authorities to curb its infringement. Some forms of information, when made accessible on the internet, are easily copied. Because the costs of copying are low and because copying is often anonymous, publishers have often responded with more aggressive enforcement of existing intellectual property rights and with calls for extensions of those rights to cover additional content, new media and new forms of access.

Copyright Issues Related to the Internet:

The technology of the Internet provides a new medium for dissemination of information, and this presents numerous challenges to traditional norms of copyright law. Most fundamentally, the internet provides means of nearly effortless and essentially perfect duplication and dissemination of works such as texts, pictures, audio-visual material, and other authorship for which copyright law provides certain exclusive rights to owners.

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