Amir Bhatti MSCM19120

Q.No.1
What is copy right?
Copyright is a form of protection provided to the authors of “original works of authorship,”
including literary, dramatic, musical, artistic, and certain other intellectual works. This protection
is available to both published and unpublished works.
What qualifies copyright?
1. Only “original works of authorship” are protected.
2. Works should be fixed in a tangible form.
3. The fixation need not be directly perceptible so long as it may be communicated with the
aid of a machine or device.
Fixing of Works for copyrights
1. Copyright is secured automatically when the work is created.
2. A work is “created” when it is fixed in a copy or phonorecord for the first time.
Who can claim the copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in
the work of authorship immediately becomes the property of the author who created the work.
Only the author or those deriving their rights through the author can rightfully claim copyright.
What works are protected /Work included in copy right?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression.

Copyrightable works include the following categories:

1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pictorial, graphic, and sculptural works\
5. motion pictures and other audiovisual works
6. sound recordings
7. Architectural works

What Is Not Protected by Copyright

Several categories of material are generally not eligible for copyright protection. These include
among others:

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▪ Works that have not been fixed in a tangible form of

▪ Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or
devices, as distinguished from a description, explanation, or illustration
▪ Works consisting entirely of information that is common property and containing no
original authorship (for example: standard calendars, height and weight charts, tape
measures and rulers, and lists or tables taken from public documents or other common
sources)

How long copyright endures?

A work that was created (fixed in tangible form for the first time) protected from the
moment of its creation and is ordinarily given a term enduring for the author’s life plus an
additional 50 years after the author’s death.

Transfer of copy right

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be
transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and
signed by the owner of the rights conveyed or such owner’s duly authorized agent.

Copyright registration

In general, copyright registration is a legal formality. However, registration is not a condition of

copyright protection, but it establishes prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate.

Who may file an application form?

The following persons are legally entitled to submit an application form:

The author: This is either the person who actually created the work or, if the work was made for
hire, the employer or other person for whom the work was prepared.

The copyright claimant: The copyright claimant is defined in Copyright regulations as either
the author of the work or a person or organization that has obtained ownership of all the rights
under the copyright initially belonging to the author. This category includes a person or
organization who has obtained by contract the right to claim legal title to the copyright in an
application for copyright registration.

The owner of exclusive right.

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The duly authorized agent of such author, other copyright claimant, or owner of exclusive
right.

▪ Any person authorized to act on behalf of the author, other copyright claimant, or owner
of exclusive rights may apply for registration.

There is no requirement that applications be prepared or filed by an attorney.

Q.No.2

What is intellectual property right?

Intellectual property (IP) is an intangible creation of the human mind. For record it needs to be
translated into a tangible form.

Examples: An author's book or article, a distinctive logo a unique design, and a particular
process to

What does IPR impart?

Intellectual Property Right gives ownership and an exclusive right to use, manufacture,
reproduce, or promote a unique created idea. It is a valuable asset of a person just as his land or
his house.

Intellectual Property Law

➢ It is a law that covers the protection of copyrights, patents, trademarks, and trade secrets,
as well as other legal areas, such as unfair competition.
➢ The intellectual property law gives the creator of a new and unique product or idea a
monopoly on its use.
➢ The value of an intellectual property is not based on physical properties, such as size and
structure.
➢ The law protects inventions; literary and artistic works; and symbols, images, names, and
designs used in commerce.
➢ It fosters economic growth, provides incentives for technological innovation, attracts
investment and creates new jobs and opportunities.
➢ Over 50 percent of U.S. exports now depend on some form of intellectual property
protection, compared to less than 10 percent 50 years ago."

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Q.NO.3

What is included in intellectual property right?

1. Patents 2. Copyright 3. Trademarks

Patents (something original having ingenuity and newness in its process and design)

➢ Virtually any new and useful advance can be patented, for example mechanical devices,
electric circuits, chemical compounds, genetically altered life forms and the application
of computer software and algorithms.
➢ Business methods and manufacturing process can also be patented, especially if they
involve computers and information technology. The advance doesn't need to be a major
breakthrough - a small improvement or variation may be patentable.
➢ Generally, items such as plans, schemes, and artistic creations and without innovation
and repetivity cannot be patented.
➢ The law determining permissible subject matter for patents is based upon accumulation of
court decisions.
➢ What can be successfully patented has changed over the years and varies from country to
country.

Copyright (right of printing and publishing any written material of original nature that is not
already published)

➢ A copyright is the exclusive right of a creator or an owner to reproduce, distribute,

perform, display, or license his work, and its derivatives.
➢ Limited exceptions exist for types of "fair use", such as book reviews.
➢ Under current law, works are covered whether or not a copyright notice is attached and
whether or not the work is registered.
➢ The Federal Agency charged with administering the act is called the Copyright Office.

➢ Trademarks (any mark capable of being represented graphically, which is capable of

distinguishing goods or service).

➢ Trademarks are certain designated words, names, symbols, slogans and logos that
identify the goods of one manufacturer from the goods of others.
➢ They protect genuine products from being copied and replicated by inferior products and
thus diminish the reputation of the original products.
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➢ In the United States trademarks are handled by Lanham Act, 15 U.S.C. §§ 1051 - 1127,
and states' statutory and/or common laws.

Q.No.4

What are the duties and what record should be kept by the Resident
engineer?

Duties

The construction activity will be supervised by a resident engineer as a professional engineer,

with PEC with 10 years’ experience in construction projects.

The Resident Engineer shall:

Give full time, on site supervision.

Develop and implement program on site safety program.

Take responsible measures to adhere to all good engineering construction practice.

Cause to employ responsible trained staff

Cause such testing and inspections that prescribed by the Uniform Building Code, 1997,USA.

At suitable intervals hold conferences with contractor, builder and concerned consultants.

To maintain a complete set of all approved plans, designs, drawings and specifications at site.

Promptly inform the Authority on BR-13 and builder in the case of violation in designs,
drawings and specifications.

Maintenance of construction work.

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Records

• Progress records, Event Reports, Daily records.

• Extent of works records.
• Copies of all change orders.
• Record of all tests about storage, transportation, and acceptance notes, with dates.
• Record of Correspondence made.
• Record of accidents.
• Visits of Authority officials and the consultants.

Q.No.5

What is the power of Environmental protection agency (EPA?

a) Summon & enforce any person to supply any information or document needed for an enquiry

b) Enter and inspect any property or premises

➢ A search warrant issued by the environmental magistrate, search at any reasonable time,
any land, building, premises, vehicle, vessel, or other place where or in which, there are
reasonable ground to believe that an offence under this act has been or being committed;

"Federal Agency" means the Pakistan Environmental Protection Agency established

Under section 5, or any Government Agency, local council or local authority exercising

The powers and functions of the Federal Agency

1. A division, department, attached department, bureau, section, commission, board, office

or unit of the Federal Government or a Provincial Government;
2. A developmental or a local authority, company or corporation established or controlled
by the Federal Government or Provincial Government; and
3. A Provincial Environmental Protection Agency. ; and
4. Any other body defined and listed in the Rules of Business of the Federal Government or
a Provincial Government.

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Q.No.6

What is the difference between insure and uninsured contract?

Insured contract

A contract is called an insured contract, if the liability is covered by a Commercial General

liability (CGL) Policy.

Uninsured contract

A contract is uninsured, if the liability is not covered by a Commercial General liability (CGL)
Policy.

Similarly, there are some Policies which are valid only in existence of a contract. These are
called CGL Policies.

There can be policies which are valid even without a contract.

Q.No.7 what is the difference between contract and agreement?

Contract Agreement
Contract is an agreement which is enforced by Agreement is just a kind of promise or a set of
law promise formatting the consecration for each
other
In contract injured party can sue other and In the agreement injured party cannot sue and
take clam does not take any claim.
It is to be declared valid contract when It does not require any essential expert offer
essentials are fulfilled. and acceptance.
Its scope is narrow Its scope is wider
Contract = agreement + enforceability by Agreement= offer + Acceptance
Law.

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Q.No.8

What are the steps involved in Arbitration?

1. Claimant and respondent

2. Issue of notice
3. Reference to arbitration clause in the contract
4. Indication of amount
5. Proposed sole or multiple arbitrators
6. Notification of appointment of arbitrators
7. Submitting of statements, claims and documents
8. Any arbitrator can be challenged
9. Any procedure may be adopted

Q.No.9

What are the Steps involved in Conciliation?

1. Sending of request

2. Appointment of conciliators
3. Submitting statements
4. Attempt of amicable settlement
5. Any procedures can be adopted
6. Communication only through conciliators
7. Disclosure of information
8. Inviting suggestions for settlement
9. Settlement agreement
10. Termination

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Q.No.10

What are the Functions of the Pakistan Engineering Council?

1. Maintenance of a Register of professional engineers and consulting engineers.

2. Recognition of engineering qualifications.

3. Removal of names from the Register.

4. Laying down of standards of conduct for the members.

5. Safeguarding the interests of the members.

6. Promotion of reforms in the engineering profession.

7. Management of the funds and properties of the Council.

8. Review of courses of studies in consultation with the Universities.

9. Collection of fees.

10. Take disciplinary actions.

11. Form committees; and other functions.

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Q.No.11

What is the difference between consolation and arbitration?

Conciliation

Conciliation is an alternative dispute resolution process whereby the parties to a dispute agree to
utilize the services of a conciliator, who then meets with the parties separately in an attempt to
resolve their differences. Conciliation differs from arbitration in that the conciliation process, in
and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence
or call witnesses, usually writes no decision, and makes no award.

Arbitration

Arbitration is method where the disputing parties involved present their disagreement to one
arbitrator or a panel of private, independent and qualified third party "arbitrators, whereas
Conciliation is another dispute resolution process that involves building a positive relationship
between the parties of dispute, unlike arbitration, conciliation is a much less adversarial
proceeding; it seeks to identify a right that has been violated and searches to find the optimal
solution.

Arbitration
Arbitration is available for exiting as well as
for the future disputes.
There is no need for a prior agreement for
restoring to this method.
The Arbitrator does not merely assist the
parties but he also actively arbitrate and
resolves the disputes by making an arbitral
award.
The pre agreement in the arbitration must be
in written.
Conciliation
Conciliation applicable only to exiting
disputes.
Prior agreement for arbitration between the
parties is required.
Role of conciliator is to help and assist the
parties to reach an amicable settlement of
their dispute
Since no pre agreements are required in
conciliation ,there is no such binding in the
case of conciliation

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