Infringement and Jurisdictional Challenges in Nestlé Pakistan Limited v. Shehryar Kureshi (2024 CLD 502)b

Abstract

Nestlé Pakistan Limited v. Shehryar Kureshi (2024 CLD 502) is a notable case on copyright in Pakistan. The case is based on the claims of copyright violation, i.e. unfavorable replication and transmission of 1994 song titled Pyar Diyan Gallan. Those who had filed the suit were the plaintiffs; Shehryar Kureshi and three other people who wanted a sum of damages amounting to 14 million rupees. On 08.02.2021, the civil court of first instance on Nestle challenge dismissed the action on the ground of alleged lack of jurisdiction under Order VII, Rule 10 of the Code of Civil Procedure (C.P.C.). The plaintiffs appealed this decision to the Additional District Judge Lahore which decided on 24.06.2022 that the case would go to the Civil Court as a passing off case. Nestle presented a petition to the High Court of Lahore civil revision petitioning the Appealte Court decision claiming that IP tribunal was exclusive in its jurisdiction. The jurisdiction of the Intellectual Property Tribunal (IP Tribunal) was determined by the Lahore High Court, which affirmed that registration of copyright is not an imperative act in order to exercise claims. The initial complaint was directed to be handed back to the plaintiffs to enable it be submitted to IP Tribunal. This paper will be discussing the case background, legal considerations, the party’s arguments, the proceedings and the future of copyright law in Pakistan.