| Case ID |
15d79257-9f37-4d64-8384-d615744a4b06 |
| Body |
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| Case Number |
C.S. No.1 and C.M. No.260-S of 2011 |
| Decision Date |
Mar 21, 2012 |
| Hearing Date |
|
| Decision |
The application for rejection of plaint was dismissed as the court determined that the plaint properly pleaded a cause of action and that the technical defects raised by the applicant could be cured. The court emphasized that mere failure to register copyright does not invalidate the right to sue for copyright infringement. The court also noted that all substantial questions of fact and law raised by the applicant must be adjudicated upon at trial. Consequently, the court directed that additional issues be framed for trial. |
| Summary |
This case involves a copyright infringement suit filed by DIGITAL MEDIAL SOLUTIONS PRIVATE LIMITED against WARID TELECOM PRIVATE LIMITED, concerning the unauthorized use of T-Series Music Catalogue. The plaintiff, through its Company Secretary, argued that it holds exclusive distributorship rights for the music content owned by Super Cassettes Industries Limited. The defendant contended that the suit should be dismissed on grounds of lack of locus standi and failure to properly authorize the suit's filing. The Islamabad High Court ruled that the plaint adequately stated a cause of action and that the technical irregularities cited were not sufficient to warrant rejection. The ruling emphasizes the importance of upholding rights to legal remedies and ensuring that substantial questions of law and fact are decided at trial, rather than on procedural technicalities. The court's decision reinforces the legal principles surrounding copyright ownership and the rights of licensees to enforce those rights. Keywords: copyright infringement, legal remedies, Islamabad High Court, digital music rights, procedural law. |
| Court |
Islamabad High Court
|
| Entities Involved |
DIGITAL MEDIAL SOLUTIONS PRIVATE LIMITED,
WARID TELECOM PRIVATE LIMITED,
Super Cassettes Industries Limited,
Converge Technologies, Ltd.,
Stark Licence Management Limited
|
| Judges |
IQBAL HAMEED-UR-REHMAN, C.J.
|
| Lawyers |
Sophia Khan,
Sardar M. Ishaq,
Babar Ali Khan
|
| Petitioners |
DIGITAL MEDIAL SOLUTIONS PRIVATE LIMITED through Company Secretary
|
| Respondents |
WARID TELECOM PRIVATE LIMITED through Faisal SaeeD
|
| Citations |
2012 SLD 2241 = 2012 CLD 858
|
| Other Citations |
Shadoo Muhammad Khan v. Ganmoon 1989 MLD 4624,
Soneri Bank Limited v. Classic Denim Mills (Pvt.) Limited 2011 CLD 408,
Messrs Ferozesons Pvt. Ltd. v. Dr. Col. Retd. K.U. Kureshi 2003 CLD 1052
|
| Laws Involved |
Copyright Ordinance, 1962,
Civil Procedure Code, 1908
|
| Sections |
2(l),
39,
O. VII, R. 11,
O. XXIX, R. 1
|