Intellectual Copy Rights - Bail Granted to petitioner who was accused of Copy Right Infringment

Intellectual Copy Rights - Bail Granted to petitioner who was accused of Copy Right Infringment

 

Kakakhel Law Associate Managing Partner and a Senior Counsel of Supreme Court, Mian Muhibullah Kakakhel argued the case of Intellectual Property Rights in which Oxford University Press and Federal Investigation Authority ( F.I.A ) were Complainant and the accused was arrested in a raid in Swabi by the FIA on the Information / Application of Oxford University Press, Pakistan ( OUP ) that our books are being published by the Accused company which is violation of Intellectual Copy Rights. 

The Bail Application was heard on Friday, 14, 2012 and Mr. Kakakhel submitted before the court that mere possession of Pirated books are not Copy Right Infringment and F.I.A had no jurisdiction to arrest him as there were nothing involved against the Federal Government or any Provincial Government but two private parties so the complainant/ respondents should have filed civil suit or approached the proper forum for complaint according to Intellectual Property Laws.

 

He also contendend that according to Company Ordinance, 1984 all the offences are Non- Cognizable offences and not granting the petitioner Bail will be against the Interest of Justice. He raised objection that either the complainant himself will argue the case or through his counsel. But as the Director is not present, Inspector of FIA can not appear before any court of law, if its District & Session Court, High Court or Supreme Court of Pakistan. He relied on dozen of Judgement of Superior Courts on the same point.

 

The other Counsel argued that as the offence falls under the prohibitory class and its a cognizable offence according to Copy Right Ordinance, 1967 and hence concession of bail can not be granted to him. He stated that Oxford University Press is helping FIA in arresting those who are involved in Piracy of Books or sellers of Pirated editions. The Compainant Counsel was asked to submit any authoriy before the court but he failed to do so. 

 

The District & Session Judge granted him bail and KLA is on way to file Constitutional Petition under article 199 to quash the FIR ( First Information Report ) which was lodged by FIA.

 

Kakakhel Law Associates is the only law firm in Peshawar, Khyber Pakhtunkhwa & Islamabad Capital City of Pakistan, who is practicing on companies and Intellectual Property Laws of Pakistan.

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