{
  "schema_version": "qanun-law-text/1",
  "id": "pk-code-386bac34422f2eab",
  "title": "Trade Marks Ordinance, 2001",
  "source_collection": "Federal",
  "content_kind": "stored_law_text",
  "content_extent": null,
  "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-cp%2BUY2Fx-sg-jjjjjjjjjjjjj",
  "version": null,
  "source_snapshot": null,
  "legal_status": "not independently verified",
  "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.",
  "text_sha256": "ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c",
  "source_sha256": "ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c",
  "text_version_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c",
  "quality_flags": [],
  "encoding": "UTF-8",
  "text": "Page 1 of 91 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE TRADE MARKS ORDINANCE, 2001 \r\n \r\n \r\n \r\n \r\n \r\n \r\n           CONTENTS \r\n \r\nCHAPTER I. __ PRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Goods and services when associated, etc. \r\n4. Reference to use of a trade mark, etc. \r\n5. Decision by tribunal regarding use of a trade mark \r\n6. Application of other laws not barred \r\n CHAPTER II.__REGISTRAR, TRADE MARKS REGISTRY AND REGISTRATION OF \r\nTRADE MARKS \r\n7. Appointment of Registrar and other officers  \r\n8. Power of Registrar to review, withdraw or transfer cases \r\n9. Trade Marks Registry and branches thereof \r\n10. Register of Trade Marks \r\n10A. Validity of electronic documents \r\n11. Evidence of entries in Register and things done by Registrar \r\n12. Classification of goods and services \r\n13. Publication of an alphabetical index of classification of goods and services \r\n \r\n\r\n \r\nPage 2 of 91 \r\n \r\n \r\n \r\n \r\n14. Absolute grounds for refusal of registration \r\n15. Limitation as to colour \r\n16. Use of names of chemical compounds barred \r\n17. Relative grounds for refusal of registration \r\n18. Meaning of “earlier trade mark” \r\n19. Raising of relative grounds in case of honest concurrent use \r\n20. Registration of parts of trade marks and of trade marks as a series \r\n21. Registration subject to disclaimer \r\nCHAPTER III.__PROCEDURE FOR AND DURATION OF REGISTRATION \r\n22. Application for registration  \r\n23. Date of filing \r\n24. Co-ownership of trade mark \r\n25. Meaning of Convention application, and right to priority \r\n26. Application to provide temporary protection during exhibition \r\n27. Examination of application \r\n28. Publication, opposition proceedings and observations \r\n29. Grounds of opposition \r\n30. Circumstances in which opposition may proceed in the name of a person other than the \r\nperson who filed the notice of opposition \r\n31. Withdrawal of application \r\n32. Definition of divisional application \r\n33. Registration \r\n34. Duration and renewal of registration \r\n35. Renewal of registration \r\n36. Effect of removal from Register for failure to pay fee for renewal \r\n37. Alteration of registered trade mark \r\n38. Surrender of registered trade mark \r\n \r\nPage 3 of 91 \r\n \r\n \r\n \r\n \r\nCHAPTER IV.__REGISTRATION AND EFFECT THEREOF \r\n39. Rights conferred by registration \r\n40. Infringement of registered trade mark \r\n41. Infringement of trade mark by breach of certain restrictions \r\n42. When a trade mark is not infringed \r\n43. Registration to be prima facie evidence of validity \r\n44. Registration to be conclusive as to validity after five years \r\n45. Saving for words used as name or description of an article or a substance \r\nCHAPTER V.__INFRINGEMENT PROCEEDINGS \r\n46. Action for infringement \r\n47. Order for erasure of offending mark \r\n48. Order for delivery up of infringing goods, material or articles \r\n49. Meaning of “infringing goods, material or articles” \r\n50. Period after which remedy of delivery be not available \r\n51. Order as to disposal of infringing goods, material or articles \r\n52. Remedy for groundless threats of infringement proceedings \r\nCHAPTER VI.__IMPORTATION OF INFRINGING GOODS, MATERIAL OR ARTICLES \r\n53. Infringing goods, material or articles may be treated as prohibited \r\n54. Notice for intervention by customs authorities \r\n55. Furnishing of security or equivalent assurance to customs authority \r\n56. Collector of Customs may seize goods bearing infringing trade mark \r\n57. Notice of seizure \r\n58. Forfeiture of goods \r\n59. Release of goods \r\n60. Action for infringement against importation of infringing goods \r\n61. Action for infringement by licensee in relation to any seized goods \r\n \r\nPage 4 of 91 \r\n \r\n \r\n \r\n \r\n62. Disposal of forfeited goods \r\n63. Power of the Collector of Customs to retain control of goods \r\n64. Insufficient security \r\n65. The Federal Government not be liable to loss, etc., suffered because of seizure \r\n66. Power of the Collector of Customs to make regulations \r\nCHAPTER VII.__UNFAIR COMPETITION AND COMPARATIVE ADVERTISEMENT \r\n67. Definition of unfair competition and provisions relating thereto \r\n68. Misleading and comparative advertisement \r\nCHAPTER VIII.__ASSIGNMENT AND TRANSMISSION \r\n \r\n69. Assignment of registered trade mark \r\n70. Registration of transactions affecting registered trade mark \r\n71. Application for registration of trade mark as an object of property \r\nCHAPTER IX.__USE OF TRADE MARKS AND LICENSEES \r\n72. Proposed use of trade mark by company to be formed \r\n73. Revocation of registration \r\n74. Use of trade mark by a person other than the proprietor thereof \r\n75. Licensing of registered trade mark \r\n76. Exclusive license defined \r\n77. General provisions as to the rights of licensees in case of infringement \r\n78. Exclusive licensee having rights and remedies of assignee \r\n79. Surrender of registered trade mark \r\n80. Grounds for invalidity of registration \r\n81. Effect of acquiescence \r\n82. Collective marks \r\n83. Certification marks \r\n84. Domain names \r\n \r\nPage 5 of 91 \r\n \r\n \r\n \r\n \r\nCHAPTER X.__THE PARIS CONVENTION \r\n85. Meaning of “Paris Convention” and “Convention country” \r\n86. Protection of well known trade mark \r\n87. National emblems of Convention countries \r\n88. Emblems of certain international organizations \r\n89. Notification under Article 6ter of the Paris Convention \r\n90. Acts of agent or representative \r\n91. Nature of goods or services to which a mark is to be applied \r\n92. Trade name \r\nCHAPTER XA \r\nINTERNATIONAL REGISTRATION OF TRADE MARKS \r\n92A. International registration under Madrid Protocol  \r\n92B. Definitions \r\n92C. Trade Marks Registry to deal with international applications \r\n92D. International application originating from Pakistan \r\n92G. Duration and renewal of international registration  \r\n92H. Transformation \r\n92I. Extracts from the international register \r\n \r\nCHAPTER XI.__SPECIAL PROVISIONS FOR TEXTILE GOODS \r\n93. Textile goods \r\n94. Restrictions on registration of textile goods \r\n95. Advisory Committees \r\nCHAPTER XII.__RECTIFICATION AND CORRECTION OF THE REGISTER \r\n96. Rectification or correction of Register \r\n97. Adoption of entries to new classification \r\n \r\n \r\n \r\nPage 6 of 91 \r\n \r\n \r\n \r\n \r\nCHAPTER XIII.__OFFENCES, PENALTIES AND PROCEDURE \r\n98. Meaning of applying a trade description \r\n99. Penalty for applying false trade description, etc. \r\n100. Enhanced penalty on second or subsequent convictions \r\n101. Penalty for falsification of entries in Register \r\n102. Penalty for falsely representing a trade mark as registered \r\n103. Restraint of use of Government Arms and State emblems \r\n104. Offences by companies \r\n105. Powers to award compensation for offenses \r\n106. Punishment of abetment in Pakistan of acts done out of Pakistan \r\n107. Penalty for improperly describing a place of business as connected with the Trade Marks \r\nRegistry \r\nCHAPTER XIV.__MISCELLANEOUS AND GENERAL PROVISIONS \r\n108. Power of Registrar to require use of forms \r\n109. Information about applications and registered trade marks \r\n110. Costs, security for costs and fine \r\n111. Procedure before the Registrar \r\n112. Certificate of validity of contested registration \r\n113. Registrar's appearance in proceedings involving the Register \r\n114. Appeal against the decision of the Registrar \r\n115. Procedure before the Federal Government \r\n116. Procedure in certain cases of option to apply to the High Court, a District Court or the \r\nRegistrar \r\n117. Suits for infringement to be instituted before IP Tribunal \r\n118. Costs of Registrar in proceedings before the High Court or an IP Tribunal \r\n119. Burden of proving use of trade mark \r\n120. Certain persons to be public servants \r\n \r\nPage 7 of 91 \r\n \r\n \r\n \r\n \r\n121. Documents open to public inspection \r\n122. Death of a party to any proceedings under this Ordinance \r\n123. Extension of time \r\n124. Registrar and other officers not compellable to produce Register, etc. \r\n125. Power to require goods to show indication of origin \r\n126. Address for service \r\n127. Trade mark agents \r\n128. Fees \r\n129. The Federal Government and a Provincial Government to be bound \r\n130. Power to make reciprocal arrangements with any other Government \r\n131. Power of the High Court to make rules \r\n132. Power of the Federal Government to make rules \r\n133. Transitional \r\n134. Repeal and savings \r\nTHE FIRST SCHEDULE \r\nTHE SECOND SCHEDULE \r\nTHIRD SCHEDULE \r\nTHE FOURTH SCHEDULE \r\n \r\nPage 8 of 91 \r\n \r\n \r\n \r\n \r\nTHE TRADE MARKS ORDINANCE, 2001 \r\nORDINANCE NO. XIX OF 2001 \r\n[13th April, 2001] \r\nAN   \r\nORDINANCE \r\n \r\nto amend and consolidate the law relating to trade marks \r\n \r\nWHEREAS it is expedient to amend and consolidate the law relating to trade marks and \r\nunfair competition and to p rovide for registration and better protection of trade marks and for the \r\nprevention of the use of fraudulent marks, and for matters ancillary thereto or connected therewith;  \r\n \r\nAND WHEREAS the National Assembly and the Senate stand suspended in pursuance of \r\nthe Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order \r\nNo. 1 of 1999; \r\nAND WHEREAS the President is satisfied that circumstances exist which render it \r\nnecessary to take immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth \r\nday of October, 1999 and the Provisional Constitution Order No. 1 of 1999, read with  the \r\nProvisional Constitution (Amendment) O rder No. 9 of 1999, and in exercise of all pow ers \r\nenabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to \r\nmake and promulgate the following Ordinance:— \r\nCHAPTER I.__ PRELIMINARY \r\n 1. Short title, extent and commencement.___(1) This Ordinance may be called the Trade \r\nMarks Ordinance, 2001. \r\n (2) It extends to the whole of Pakistan. \r\n (3) This section and section 132 shall come into force at once and the remaining provisions \r\nof the Ordinance shall come into force on such date as the federal Government may by notification in \r\nthe official Gazette, appoint in this behalf. \r\n 2. Definations.—In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n1[(i)  “Act” means the Intellectual Property Organization of Pakistan Act, 2012 (Act \r\nNo. XXII of 2012); \r\n(ia)  “administrative division” means the division to which business of this \r\nOrdinance stands allocated;] \r\n \r\n \r\n \r\n1Ins. by Act No. LVIII of 2023, s.2. \r\n \r\nPage 9 of 91 \r\n \r\n \r\n \r\n \r\n1[(ib)]  “advertising” means the making of representation in any form in connection \r\nwith a trade, business or profession in order to promote the supply of goods or \r\nservices; \r\n(ii)  “assignment” in relation to a trade mark , means an assignment in writing by \r\nact of the parties concerned; \r\n(iii)  “authorized user” means a person authorised to use a trade mark in relation to \r\ngoods or services under the control of the owner of the trade mark and \r\nincludes a licensee; \r\n(iv)  “certification mark” means a certification mark as defined in sub-section (1) of \r\nsection 83; \r\n(v)  “collective mark ” means a collective mark as defined in sub -section (1) of \r\nsection 82; \r\n(vi)  “comparative advertisement ” means an advertisement which explicitly or by \r\nimplication identifies a competitor or goods or services offe red by a \r\ncompetitor; \r\n(vii)  “Convention application” means an application as defined in sub-section (1) of \r\nsection 25; \r\n(viii)  “Convention country” means a Convention country as defined in clause ( b) of \r\nsection 85; \r\n1[(ix)  “Counterfeit trade mark goods” means any goods including packaging bearing \r\nwithout authorization a trade mark which is identical or deceptively similar to \r\nthe trade mark  validly registered in respect of such goods or which cannot be \r\ndistinguished in its essential aspects fro m such a trade  mark and  infringes \r\nrights of the owner of the trade mark under this Ordinance;] \r\n(x)  “date of filing” means__ \r\n(a)  in relation to an application for the registration of a trade mark, the day \r\non which the application is filed pursuant to sub -section (1) of section \r\n23; or \r\n(b)  in relation to a divisional application for t he registration of trade mark, \r\nthe day on which t he initial application within the meaning of sub -\r\nsection (1) of section 32 is filed; or \r\n(c)  in relation to an application to provide tempora ry protection during \r\nexhibition, the day referred to in sub-section (1) of section 26; or \r\n \r\n(d)  in relation to a Convention application, the day referred to in clause (a) \r\nof sub-section (2) of section 25: \r\n \r\n1Renumbered and Subs. by Act No. LVIII of 2023, s.2. \r\n \r\nPage 10 of 91 \r\n \r\n \r\n \r\n \r\n(xi) “date of registration ”, in relation to the registration of a trade mark in respect \r\n of particular goods or services, means the day fro m which the registration of \r\n the trade mark in respect of those good s or services is taken to have had effect \r\n under  sub-section (3) of section 33; \r\n \r\n(xii)  “deceptively similar” in relation to a trade mark, means such near resemblance \r\nbetween it and another trade mark that it is likely to deceive or cause \r\nconfusion; \r\n(xiii)  “dilution” means the lessening of the capacity of a well known trade mark \r\nto identify and distinguish the goods or services, regardless of the presence or \r\nabsence of competition between owner of the well known trade mark or \r\nother parties, or likelihood of confusion or deception; \r\n(xiv)  1[* * * * * * *] \r\n(xv)  “divisional application ” means a divisional application as defined in  sub-\r\nsection (1) of section 32; \r\n(xvi)  “domain name” means the domain name as defined in sub-section (1) of \r\nsection 84; \r\n(xvii)  “earlier trade mark” means an earlier trade mark as defined in subsection (1) \r\nof section 18; \r\n(xviii)  “false trade description” means__ \r\n(a)  a trade description which is untrue or misleading in a material respect \r\nas regards the goods or services to which it is applied; \r\n(b)  any alteration of a trade description as regards the goods or services \r\nto whi ch it is applied whether by way of  addition, effacement or \r\notherwise wh ere that alteration makes the description untrue or \r\nmisleading in a material respect; \r\n (c) any mark or arrangement or combination thereof when applied__ \r\n(i)  to goods in such a manner as to be likely to lead persons to \r\nbelieve that the goods are the m anufacture of m erchandise of \r\nsome p erson other than the person whose merchandise or \r\nmanufacture they really are; or \r\n(ii)  in relation to services in such a manner as to be likely to lead \r\npersons to b elieve th at the s ervices are provided or rendered \r\nby some person other than the person whose service they \r\nreally are; \r\n(d)  any false name or initials of a person applied to goods or services in \r\nsuch a manner as if such name or initials were a trade description in \r\nany case where the name or initials,__ \r\n \r\n1Omitted by Act No. LVIII of 2023, s.2.\r\n \r\nPage 11 of 91 \r\n \r\n \r\n \r\n \r\n                                                (i)  is or are not a trade mark or part of a trade mark; \r\n(ii)  is or are identical with or deceptively similar to the name or \r\ninitials of  a person carrying on business in connection with \r\ngoods or services of the same description or both and who has \r\nnot authorized the use of such name or initials; and \r\n(iii)  is or are either the n ame or initi als of a fictitious person or of \r\nsome person not bona fide carrying on business in connection \r\nwith such goods or services; and the fact that a  trade \r\ndescription is a trade mark or part of a trade mark shall not \r\nprevent such trade description being a false trade description \r\nwithin the meaning of this Ordinance; or \r\n(e)  to any false name, initials or description of a person used in \r\nrelation to goods or s ervices in a m anner to  suggest that the s aid \r\nperson authenticates or guarantees the nature or fitness for the purpose \r\nof the goods or services; \r\n1[(xix)  “geographical indication” shall have the same meaning as assigned thereto in \r\nthe Geographical Indications (Registration and Protect ion) Act, 2020 (XVIII \r\nof 2020);] \r\n(xx)  “goods” means anything which is subject of trade, commerce or manufacture; \r\n1[(xxa)  “IP Tribunal” means the Tribunal established under section 16 of the Act; \r\n(xxb)  “international application” means an application for the international \r\nregistration of trademarks in accordance with Madrid Protocol;] \r\n(xxi)  “Journal” means the Trade Marks Journal published under the authority of \r\nthe Registrar; \r\n(xxii)  “licensee” means a person using a registered trade mark by virtue of a \r\ntransaction; \r\n(xxiii)  “limitations” with its grammatical variations, means any limit ations of the \r\nexclusive right to the use of a trade mark given by the registration of a person \r\nas proprietor thereof, including limitations of that right as to mode of us e, \r\nas to use in  relation to goods or s ervices to be s old or otherwise t raded in \r\nwithin Pakistan, or as to use in relation to goods or services to be exported to \r\nany market outside Pakistan; \r\n1[(xxiiia) “Madrid Protocol” means the Protocol as defined in section 92B;] \r\n(xxiv)  “mark” includes, in particular, a d evice, brand, heading, label, ticket, name \r\nincluding personal name, signature, word, letter, numeral, figurative element, \r\ncolour, sound or any combination thereof; \r\n \r\n1Subs. and Ins. by Act No. LVIII of 2023, s.2. \r\n \r\nPage 12 of 91 \r\n \r\n \r\n \r\n \r\n(xxv)  “misleading advertising ” means any advertising which in any way, \r\nincluding its presentation, deceives or is likely to deceive the persons to \r\nwhom it is addressed or whom it reaches and which, by reason of its \r\ndeceptive nature, is likely to  affect their behaviour or which, for those \r\nreasons, injures or is likely to injure a competitor; \r\n(xxvi)  “name” includes any abbreviation of name;  \r\n(xxvii)  “notify means to notify in the Journal; \r\n1[(xxviia)  “Organization” means the Intellectual Property Organization of Pakistan \r\nestablished under section 3 of the Act;] \r\n(xxviii)  “opponent” in relation to the registration of a trade mark, means the \r\nperson who  has filed under sub -section (2) of s ection 28, a noti ce of \r\nopposition to the registration of the trade mark; \r\n(xxix)  “packaging” includes, in particular, any case, box, container, covering, \r\nfolder, receptacle , vessel, casket, bottle, wrapper, band, reel, frame , \r\ncapsule, cap, lid, stopper and cork; \r\n(xxx)  “Paris Convention” means the Paris Convention as defined in clause (a) \r\nof section 85; \r\n(xxxi)  “permitted use” in relation to a trade mark, means the use of the trade \r\nmark by an authorised user; \r\n(xxxii) “predecessor in title” in relation to a person who claims to be the \r\nproprietor of a trade mark, means__ \r\n(a)  if the trade mark was assigned or transmitted to one or more than \r\none persons before it was assigned or t ransmitted to the first-\r\nmentioned person, that other person or any of those other persons; \r\nor \r\n(b)  if sub-clause (a) does not apply, the person who assigned the trade \r\nmark, or from whom the trade mark was transmitted to the first-\r\nmentioned persons; \r\n(xxxiii) “prescribed” means prescribed by rules made, in relation to proceedings \r\nbefore a High Court, by such High Court, and in other cases, made under \r\nthis Ordinance; \r\n(xxxiv)  “proprietor”, in relation to a registered trade mark, means the person who \r\nis for the time being entered in the Register as Proprietor of that \r\ntrade mark; \r\n \r\n \r\n1Ins. by Act No. LVIII of 2023, s.2. \r\n \r\nPage 13 of 91 \r\n \r\n \r\n \r\n \r\n(xxxv)  “proprietor of earlier right”, in relation to a trade mark, means a person \r\nentitled to prevent the use of a trade mark; \r\n(xxxvi)  “Register” means the R egister to Trade Marks maintained under sub -\r\nsection (1) of section 10; \r\n(xxxvii)  “Registrar” means the Registrar of Trade Marks appointed under section \r\n7; \r\n(xxxviii)  “registered”, with its grammatical variations, means registered under this \r\nOrdinance or the Trade Marks Act, 1940 (V of 1940); \r\n(xxxix) “registered trade mark” means a trade mark which is actually on the \r\nRegister; \r\n(xl)  “rules” means the rules made under this Ordinance; \r\n(xli)  “Schedule” means a Schedule to this Ordinance;  \r\n(xlii)  “seized goods” means goods seized under section 56; \r\n(xliii) “service” means service of any description which is made available to \r\nusers or pot ential users and includes the p rovision for services in \r\nconnection with busin ess of any indust rial or commercial nature, and \r\nwithout limitation, includes banking, retailing, communication including \r\ntelecommunication, education, law, financing, insurance, chit funds, real \r\nestate, transport, storage, material treatment, processing, supply of goods \r\nincluding electrical or other energy, boarding, lodging, entertainment, \r\namusement, construction, repair, conveying of news or  information and \r\nadvertising; \r\n(xliv)  “similar goods” includes goods which are of the same description;  \r\n(xlv)  “similar services” included services which are of the same description; \r\n(xlvi)  “trade description” means any description, statement or other indication, \r\ndirect or indirect__ \r\n(a) as to the number, quantity, measure, gauge or weight of any goods; or \r\n(b) as to the standard of quality of any goods or services according to \r\nclassification commonly used or recognized in the trade; or \r\n(c)  as to-fitness for the purpose st rength, performance or behaviour of \r\nany goods, being drugs or foods; or \r\n(d)  as to the place or country in which or the time at which any goods or \r\nservices were made, produced or provided, as the case may be; or \r\n(e)  as to the name and address or other indication of the identity of the \r\nmanufacturer or of the person providing the se rvices or of the persons \r\n \r\nPage 14 of 91 \r\n \r\n \r\n \r\n \r\nfor whom the goods are manufactured or services provided; or \r\n(f)  as to the mode of manufacture or producing any goods or providing \r\nservices; or \r\n(g)  as to the material of which any goods are composed; or \r\n(h)  as to any goods being the subject of an existing patent, privilege or \r\ncopyright, and includes― \r\n(a)  any description as to the use of any mark which according to \r\nthe custom of the trade is commonly taken to be an \r\nindication of any of the above matters; \r\n(b)  any description as to any imported goods contained in any bill \r\nof entry or shipping bill; and \r\n(c)  any other description which is likely to be misunderstood or \r\nmistaken for all or any of the said matters; \r\n(xlvii)  “trade mark” means any m ark capable of being represented graphically \r\nwhich is capable of distin guishing goods or s ervices of one un dertaking \r\nfrom those of other undertakings; \r\n(xlviii)  “Trade Marks Registry” means the Trade Marks Registry established under \r\nsection 9; \r\n(xlix)  “trade names” means names used by a person to denote his trade or calling \r\nand includes \r\n firms’ and companies’ names; \r\n(l)  “transmission” means t ransmission by operation of law,  devolution on the \r\npersonal representative of a deceased person  and any other mode of transfer, \r\nnot being assignment; \r\n1[(ii)  “Tribunal” means the Registrar, as the case may be, the High Court o r \r\nIP Tribunal before which the proceedings concerned are pending;] \r\n(lii)  “unfair competition ” means an unfair competition as defined in \r\nsection 67; and \r\n(liii)  “word” includes an abbreviation of a word. \r\n 3. Goods and services when associated, etc.___ (1) For the purposes of this Ordinance___ \r\n \r\n \r\n1Subs. by Act  No. LVIII of 2023, s.2.  \r\n \r\nPage 15 of 91 \r\n \r\n \r\n \r\n \r\n(a)  goods and services shall be associated with each other if it is likely  that \r\nthose goods might be sold or otherwise traded in and those services might \r\nbe provided by the sam e business and so with descriptions of goods and \r\ndescriptions of services;  \r\n(b)  a trade mark shall be taken used on goods if the trade mark is used on any \r\ngoods including second -hand goods, material or thing if it is woven in, \r\nimpressed on, worked into, or  affixed or annexed to, the goods, material or \r\nthing. \r\n(c)  a trade mark shall be taken used in relation to goods or services if the trade \r\nmark is used ___ \r\n(i)  on any covering, packaging, document, label, band, ticket, reel or \r\nthing in or with which the goo ds are, or are intended to be, dealt with \r\nor provided in the course of trade;  \r\n(ii)  in a manner likely to lead persons to believe that it refers to, \r\ndescribes or designates the goods or services;  \r\n(iii)  on a signboard or in an advertisement; or  \r\n(iv)  in an invoice, list, catalogue, business letter, business paper, price list \r\nor other commercial document. \r\n (2) Where the owner of the trade mark exercises quality control over goods or services___ \r\n(a)  dealt with or provided in the course of trade by another person; and \r\n(b)  in relation to which the trade mark is used, \r\n \r\n the other person shall be taken to use the trade mark in relation to the goods or services under \r\n the control of the owner. \r\n (3) Where another person deals with or provides, in the course of tra de, goods or services in \r\nrelation to which a trade mark is used and the owner of the trade mark exercises financial control \r\nover the other person's relevant trading activities , the other person shall be taken to use the trade \r\nmark in relation to the goods or services under the control of the owner. \r\n 4. Reference to use of a trade mark , etc.___In this Ordinance, unless the context otherwise \r\nrequires, any reference___ \r\n(a)  to use of a trade mark shall include reference to use of the trade mark in \r\nrelation to goods, as well as, on goods; \r\n(b)  to use of a trade mark in relation to goods shall include reference to use of the \r\ntrade mark on goods, or vice versa; \r\n \r\nPage 16 of 91 \r\n \r\n \r\n \r\n \r\n(c)  to the Registrar shall be construed as including a reference to any officer when \r\ndischarging the functions of the Registrar in pursuance of sub -section (2) of \r\nsection 7; and \r\n(d)  to the Trade Marks Registry shall be construed as including a reference to any \r\nbranch of the Trade Marks Registry. \r\n 5. Decision by tribunal regarding use of a trade mark.___(1) A tribunal may, having regard \r\nto the circumstances of a case, if it thinks fit, decide that a person has used a trade mark if it is \r\nestablished that the person has used the trade mark with additions or alterations that do not \r\nsubstantially affect the identity of the trade mark. \r\n Explanation.___For removal of doubts, it is clarified that if a trade mark consists of  any \r\ncombination of any letter, word, name or numeral, any aural representation of the trade mark shall \r\nbe, for the purposes of this Ordinance, a use of the trade mark. \r\n (2) The application in Pakistan of a trade mark to goods or services to be exported from \r\nPakistan and any other act done in Pakistan in relation to goods or services to be so exported which, \r\nif done in relation to goods or servic es to be sold or otherwise traded in within Pakistan would \r\nconstitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation \r\nto those goods or services for any purpose for which such use is material under this Ordinance or any \r\nother law for the time being in force. \r\n (3) The use of a registered trade mark in relation to goods or services between which and the \r\nperson using the mark any form of connection in the course of trade subsists shall not be deemed to \r\nbe likely to cause deception or confusion on the ground only that the mark has been or is used in \r\nrelation to goods or services between which and the person using the mark or  any predecessor in his \r\nbusiness different form of connection in the course of trade subsisted or subsists. \r\n 6. Application of other laws not barred .___The provisions of this Ordinance shall be in \r\naddition to, and not in derogation of any other law for the time being in force. \r\nCHAPTER II.__REGISTRAR, TRADE MARKS REGISTRY AND \r\nREGISTRATION OF TRADE MARKS \r\n 1[7. Appointment of Registrar and other officers. __(1) The Organization may, by \r\nnotification in the official Gazette, appoint in the prescribed manner an officer as Registrar of Trade \r\nMarks. \r\n(2) The Organization may appoint such other officers with such designations as it deem fit for \r\nperforming under superintendence and direction of the Registrar, such functions of the Registrar \r\nunder this Ordinance as he may, from time to time, authorise them to discharge.] \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.3. \r\n \r\nPage 17 of 91 \r\n \r\n \r\n \r\n \r\n 8. Power of Registrar to review , withdraw or transfer cases. ___The Registrar may, by \r\norder in writing___ \r\n(a) review any function, matter, case or decision of any officer; or \r\n(b)  withdraw any function, matter or case from any officer or staff, \r\nand deal wit h such function, matter or case himself either de novo  or from the stage it was so \r\nwithdrawn, or transfer the same to another officer or staff at any stage. \r\n 9. Trade Marks Registry and branches thereof. ___(1) For the purposes of this Ordinance, \r\nthere shall be established a Trade Marks Registry; \r\n The Trade Marks Registry established under the Trade Marks Act,1940 (V of 1940), shal l be \r\nthe Trade Marks Registry for the purposes of this Ordinance. \r\n (2) For the purpose of facilitating registration of trade marks, there may be established at such \r\nplaces, as 1[the IPO Policy Board] may think fit, branch offices of the Trade Marks Registry. \r\n (3) There shall be a seal of the Trade Marks Registry. \r\n 10. Register of Trade Marks. ___(1) For the purposes of this Ordinance , a record  called the \r\nRegister of Trade Marks shall be kept at the Trade Marks Registry wherein shall be entered \r\nparticulars of all registered trade marks with the names, addresses and description of the proprietors, \r\nnotifications of assignments and transmissions, the names, addresses and descriptions of licensees, \r\ndisclaimers, conditions, limitations and such other matters relating to registered trade  marks as may \r\nbe prescribed, but there shall not be entered in the Register any notice of any trust express, implied or \r\nconstructive, nor shall any such notice be receivable by the Registrar. \r\n (2) Subject to the superintendence and direction of the 1[Organization], the Register shall be \r\nkept under the control and management of the Registrar. \r\n (3) The Register may be kept in whole, or in part, by using a computer any bona fide record \r\nof a particular or other matter made by using a computer for the purposes of keeping the Register \r\nshall, for the purposes of this Ordinance, constitute an entry in the Register. \r\n (4) There shall be kept at each branch office of the Trade Marks Registry, a copy of the \r\nRegister and such of the other documents as the Registrar may, by notification in the Journal, direct; \r\n Provided that if the Register in whole, or any part thereof, is ke pt by using a computer and \r\naccess to a computer terminal from which a person in a branch office can  read a screen, or obtain a \r\nprinted copy of, the particulars or other matters recorded in the Register or that part of the Register, \r\nrequirement under this s ub-section of keeping a copy of the Register at that branch office shall be \r\nsatisfied. \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 4-5. \r\n \r\nPage 18 of 91 \r\n \r\n \r\n \r\n \r\n (5) The Register shall at all convenient times be open to the inspection of the public subject \r\nto such conditions and restrictions as may be prescribed. \r\n (6) If the Register in whole, or any Part thereof, is kept by using a computer, the requirements \r\nof sub-section (5) shall be satisfied if a person who wants to inspect the Register or that part of the \r\nRegister is given access to a computer terminal from which he can read a screen, or obtain a printed \r\ncopy of the particulars or other matters recorded in the Register or that part of the Register. \r\n 1[10A. Validity of electronic documents .___The electronic receipts and issuance of  all th e \r\ndocuments under this Ordinance shall be valid and accepted for the purposes of evidence.] \r\n 11. Evidence of entries in Register and things done by Registrar. ___(1) A printed, written \r\nor computer generated copy of any entry in the Register, purporti ng to be certified by the Registrar \r\nand sealed with the seal of the Trade Marks Registry, shall be admitted in evidence in 1[the High \r\nCourt or IP Tribunal] and in all proceedings is without further proof or production of the original. \r\n (2) A certificate pu rporting to be issued under the hand of the Registrar as to any entry, \r\nmatter or thing that he is authorised by this Ordinance or the rules to make or do shall be prima facie \r\nevidence of the entry having been made and of the contents thereof, or of the mat ter or thing having \r\nbeen done or not done. \r\n 12. Classification of goods and services.___(1) A trade mark may be registered in accordance \r\nwith the provisions of this Ordinance in respect of___ \r\n(a)  goods; \r\n(b)  services; or \r\n(c)  both goods and services,  \r\ncomprised in the prescribed classification of goods or services in accordance with the international \r\nclassification of goods and services. \r\n (2) Any question arising as to the class within which any goods or services fall shall be \r\ndetermined by the Registrar whose decision in the matter shall be final. \r\n 13. Publication of an alphabetical index of classification of goods and services. ___(1) The \r\nRegistrar may publish in the prescribed manner an alphabetical index of classification of goods and \r\nservices. \r\n (2) Where any goods or services are not specified in the alphabetical index of goods and \r\nservices, published under sub-section (1), the classification of goods and services shall be determined \r\nby the Registrar in accordance with sub-section (2) of section 12. \r\n \r\n \r\n1Ins. and subs. by Act No. LVIII of 2023, ss. 6-7 \r\n \r\nPage 19 of 91 \r\n \r\n \r\n \r\n \r\n 14. Absolute grounds for refusal of registration. ___(1) The following shall not be  \r\nregistered, namely: ___ \r\n(a)  marks which do not satisfy the requirements of clause (xlvii) of section 2;  \r\n(b)  trade marks which are devoid of any distinctive character; \r\n(c)  trade marks which consist exclusively of marks or indications which may \r\nserve, in trade, to designate the kind, quality, quantity, intended purpose, \r\nvalue, geographical origin, the time of production of go ods or of rendering of \r\nservices, or other characteristics of goods or services; and \r\n(d)  trade mark which consist exclusively of marks o r indications which have \r\nbecome customary in the current language or in the bone fide and established \r\npractices of the trade; \r\n Provided that a trade mark shall not be refused registration by virtue of clause (b), (c) or (d) \r\nif, before the date of application for registration, it has, in fact, acquired a distinctive character as a \r\nresult of the use made of it or is a well known trade mark. \r\n (2) A mark shall not be registered as a trade mark if it consists exclusively of___ \r\n(a)  the shape which results from the nature of the goods themselves; \r\n(b)  the shape of goods which is necessary to obtain a technical result; or \r\n(c)  the shape of which gives substantial value to the goods. \r\n (3) No trade mark on  any part thereof in respect of any goods or services shall be registered \r\nwhich consists of, or contains, any scandalous design, or any matter the use of which would___ \r\n(a)  by reasons of its being likely to deceive or to cause confusion or otherwise, be \r\ndisentitled to protection in 1[the High Court]. \r\n(b)  be likely to hurt the religious susceptibilities of any class of citizens of \r\nPakistan, per se , or in ter ms of goods or services it  is intended to be so \r\nregistered; or \r\n(c)  be contrary to any law, for the time being in force, or morality. \r\n (4) A trade mark shall not be registered if or to the extent that the application is made in bad \r\nfaith. \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.8.  \r\n \r\nPage 20 of 91 \r\n \r\n \r\n \r\n \r\n 15. Limitation as to colour. ___(1) A trade mark may be limited wholly or in part to  one or \r\nmore specified colours, and any such limitation shall be t aken into consideration by any t ribunal \r\nhaving to decide on the distinctive character of the trade mark. \r\n (2) So far as a trade mark is registered without limitation of colour it shall be deemed to be \r\nregistered for all colours. \r\n 16. Use of names of chemical compounds barred. ___(1) No word which is the  commonly \r\nused and  accepted name of any single  chemical ele ment or single  chemical compound as \r\ndistinguished from a mixture or which is declared by the World Health Organization and notified in \r\nthe prescribed manner by the Registrar , from time to time, as an international non -proprietary name \r\nshall be registered a s a trade mark in respect of a chemical substance or preparation, and any such \r\nregistration shall, notwithstanding anything in section  44, be deemed for the purposes of section 98 \r\nto be an entry made in the Register without sufficient cause or an entry wro ngly remaining on the \r\nRegister, as the circumstances may require. \r\n (2) This section shall not apply to a word which is used to denote only a brand or make of the \r\nelement or compound as made by the proprietor or a license of the trade mark, as distinguished  from \r\nthe element or compound as made by others, and in association with a suitable name o r description \r\nopen to the public use. \r\n 17. Relative grounds for refusal of registration. ___(1) A trade mark shall not be  registered \r\nif it is identical with an earlier  trade mark and the goods or services, for which the trade mar k is \r\napplied for, are identical with the goods or services for which the earlier trade mark is registered. \r\n (2) A trade mark shall not be registered because___ \r\n(a)  it is identical with an earli er trade mark and is to be registered for goods or \r\nservices similar to those for which the earlier trade mark is registered; or \r\n(b)  it is similar to an earlier trade mark and is to be registered for goods or \r\nservices identical with or similar to those for  which the earlier trade mark is \r\nregistered, \r\nand there exists a likelihood of confusion on the part of the public which includes the likelihood of \r\nassociation with the earlier trade mark. \r\n (3) A trade mark which___ \r\n(a)  is identical with or similar to an earlier trade mark; and \r\n(b)  is to be registered for goods or services which are not similar to those for \r\nwhich the earlier trade mark is registered, \r\nshall not be registered if, or to the extent that, the earlier trade mark has a reputation in Pakistan and \r\nthe use of the later mark without due cause would take unfair advantage of , or be detrimental to, the \r\ndistinctive character or the repute or the earlier trade mark. \r\n (4) A trade mark shall not be registered if, or to the extent that, its use in Pakistan is  liable to \r\nbe prevented___ \r\n \r\nPage 21 of 91 \r\n \r\n \r\n \r\n \r\n(a)  by virtue of any law, in particular , the law of passing off, protecting a n un- \r\nregistered trade mark or other mark used in the course of trade; or \r\n(b)  by virtue of an earlier right other than those referred to in sub -section (1), (2) \r\nand (3) or clause (a) of this sub -section, in particular by virtue of the law of \r\ncopyright design right or registered designs. \r\n (5) Nothing in this section shall prevent the registration of a trade mark where the proprietor \r\nof the earlier trade mark or other earlier right consents to the registration. \r\n (6) Where separate applications arc made by different persons to be registered as proprietors \r\nrespectively of trade marks which are identical or nearly resemble each other , in respect of the same \r\ngoods or description of goods, 1[or services or description of services] the Registrar, if thinks fit, may \r\nrefuse to register any of them until their rights have been determined by the High Court 1[* * *]. \r\n 18. Meaning of “earlier trade mark”.___(1) In this Ordinance, “earlier trade mark” means___ \r\n(a)  a registered trade mark or a C onvention trade mark as per the Paris \r\nConvention which has a date of application for registration earlier than that of \r\nthe trade mark in question, taking account, where appropriat e, of the priorities \r\nclaimed in respect of the trade marks; \r\n(b)  a trade mark filed under sub-section (1) of section 26; or \r\n(c)  a trade mark which , on the date of application for registration of the trade \r\nmark in question , or where appropriate, of the pri ority claimed in respect of \r\nthe application was entitled to protection under the Paris Convention as a well  \r\nknown trade mark. \r\n (2) References in this Ordinance to an earlier trade mark include a trade mark in respect of \r\nwhich an application for registratio n has been made and which, if registered, would be an earlier \r\ntrade mark by virtue of clause (a) or (b) of sub-section (1), subject to its being so registered. \r\n (3) A trade mark shall , within clause (a) or (b) of sub -section (1), whose registration expires \r\ncontinue to be taken into account in determining the registrability of a later mark for a period of one \r\nyear after the expiry unless the Registrar is satisfied that there was no bona fide  use of the mark \r\nduring two years immediately preceding the expiry. \r\n 19. Raising of relative grounds in case of honest concurrent use. ___(1) Where on  \r\napplication for the registration of a trade mark it appears to the Registrar that there is___ \r\n \r\n \r\n \r\n \r\n1Ins. and Omitted by Act No. LVIII of 2023, s.9. \r\n \r\nPage 22 of 91 \r\n \r\n \r\n \r\n \r\n(a)  an earlier trade mark in relation to which the conditions set out in sub -section \r\n(1), (2) or (3) of section 17 obtain; or \r\n(b)  an earlier right in relation to which the condition set out in sub -section (4) of \r\nsection 17 is satisfied. \r\nbut the applicant proves to the satisfaction  of the Registrar that there has been honest concurrent use \r\nof the trade mark for which registration is sought, the Registrar shall not refuse the application by \r\nreason of the earlier trade mark or other right unless objection on that ground is raised in o pposition \r\nproceedings by the proprietor of that earlier trade mark or other earlier right. \r\n (2) For the purposes of this section, “honest concurrent use” means such use in Pakistan, by \r\nthe applicant or with his consent, as would formerly have amounted to h onest concurrent use for the \r\npurposes of sub-section (2) of section 10 of the Trade Marks Act, 1940 (V of 1940). \r\n (3) Nothing in this section shall affect___ \r\n(a) the refusal of registration on the grounds mentioned in section 14; or \r\n(b) the making of an ap plication for a declaration of invalidity under sub -section \r\n(2) of section 80. \r\n 20. Registration of parts of trade marks and of trade marks as a series. ___(1) Where the \r\nproprietor of a trade mark claims to be entitled to exclusive use of any pa rt thereof separately, he \r\nmay apply to register the whole and the part as separate trade marks. \r\n (2) Each such separate trade mark shall satisfy all the conditions applying to, and have all the \r\nincidents of an independent trade mark. \r\n (3) Where a person claiming to be the proprietor of several trade marks in respect of the same \r\ngoods or services or description of goods or description of services which while resembling each \r\nother in the material particulars thereof are yet different in respect of___  \r\n(a)  statements or representations as to the goods or services in relation to which \r\nthe trade marks are respectively used or proposed to be used; \r\n(b)  statements or representations as to number, price, quality or names of places; \r\n(c)  other matter of a non -distinctive character which does not substantially affect \r\nthe identity of the trade mark; or \r\n(d)  the colour or any part of the trade mark. \r\nseeks to register those trade marks, they may be registered as a series in one registration. \r\n 21. Registration subject to disclaimer.___If a trade mark contains___ \r\n(a)  any part not separately registered as a trade mark in the name of the proprietor;  \r\n(b)  any part for the separate registration of which no application has been made ; \r\nor  \r\n \r\nPage 23 of 91 \r\n \r\n \r\n \r\n \r\n(c)  any matter common to the trade, or otherwise of a non-distinctive character. \r\nthe tribunal, in deciding whether the trade mark shall be entered or s hall remain on the Register, may \r\nrequire, as a condition of its being on the Register, that the proprietor shall either disclaim any right \r\nto the exclusive  use of such part or of all or any portion of such matter, as the case may be, to the \r\nexclusive use of which the tribunal holds him not to be entitled, or make such other disclaimer as the \r\ntribunal may consider  necessary for  the purpose of defining the rig hts of the proprietor under the \r\nregistration; \r\n Provided that no disclaimer shall affect any rights of the proprietor of a trade mark except  \r\nsuch as arise out of the registration of the trade mark in respect of which the disclaimer is made. \r\nCHAPTER III.__PROCEDURE FOR AND DURATION OF REGISTRATION \r\n 22. Application for registration. ___(1) An application for registration of a trade mark  shall \r\nbe made in writing to the Registrar in the prescribed manner. \r\n (2) Without limiting the particulars that may be included in an application, the application \r\nshall contain___ \r\n(a)  a request for registration of a trade mark;  \r\n(b)  full name and address of the applicant; \r\n(c)  a statement of goods or services in relation to which it is so ught to register the \r\ntrade mark; \r\n(d)  international classification of goods or services;  \r\n(e)  a representation of the trade mark; and \r\n(f)  full name , address and contact details of agent , in case the application, on \r\nbehalf of the applicant, if made by his agent. \r\n (3) The application shall state that the trade mark is being used by the applicant, or with his \r\nconsent, in relation to goods or services, or that he has a bona fide intention that it should be used. \r\n (4) The Registrar may refuse to admit an application if it does not contain all the par ticulars \r\nrequired under sub-sections (2) and (3). \r\n (5) The application shall be subject to the payment of the application fee as may be \r\nprescribed. \r\n 23. Date of filing. ___(1) The date of filing of an application for registration of a trade  mark \r\nshall be the date on which documents containing particulars specified in section 22 are furnished to \r\nthe Registrar. \r\n (2) References in this Ordinance to the date of application for regist ration shall be to the date \r\nof filing of the application. \r\n \r\nPage 24 of 91 \r\n \r\n \r\n \r\n \r\n 24. Co-ownership of t rade mark. ___Where the relations between two or more persons \r\ninterested in a trade mark are such that none of them is entitled to use the trade mark except—   \r\n(a)  on behalf of both or all of them; or \r\n(b)  in relation to goods or services or both with which all of them are connected in \r\nthe course of trade,  \r\nthe persons may jointly apply for its registration under section 22. \r\n (2) Where a trade mark is registered in the name of two or more persons jointly, each of them \r\nshall be entitled, subject to any agree ment to the contrary, to an equal undivided share in the \r\nregistered trade mark. \r\n (3) The following provisions shall apply where two or more persons are co-proprietors of a \r\nregistered trade mark, by virtue of sub-section (2) or otherwise. \r\n (4) Subject to any agreement to the contrary, each co -proprietor shall be entitled, by himself \r\nor his agents, to do for his own be nefit it and without the consent of or the need to account to the \r\nothers, any act which would otherwise amount to an infringement of the registered trade mark. \r\n(5) One co-proprietor may not, without the consent of the other or others, \r\n(i)  grant a licence to the use of the registered trade mark; or \r\n(ii)  assign or charge his share in the registered trade mark. \r\n (6) Infringement proceedings may be  brought by any co -proprietor but he may not, without \r\nthe leave of the High Court or 1[IP Tribunal], proceed with the action unless the other, or each one of \r\nthe others, is either joined as a plaintiff or added as a defendant. \r\n (7) A co-proprietor who is thus arraigned as a defendant shall not be made liable for any costs \r\nin the action unless the takes part in the proceedings. \r\n (8) Nothing in sub -sections (6) and (7) shall affect the granting of interlocutory relief on the \r\napplication of a single co-proprietor. \r\n (9) Nothing in this section shall affect the mutual rights and obligations of trustees or \r\npersonal representatives, or their rights and obligations as such. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.10. \r\n \r\nPage 25 of 91 \r\n \r\n \r\n \r\n \r\n 25. Meaning of Convention application, and righ t to priority. ___(1) A “Convention \r\napplication” means an application duly made by a person for registration of a trade mark in one or \r\nmore than one Convention country. \r\n (2) If___ \r\n(a)  a person has duly made a “Convention application”; and \r\n(b)  within six m onths from the date on which the Convention application or first \r\nof the Convention applications was made, that person or another person \r\nhereinafter referred to as the “successor in title” of whom that person is a \r\npredecessor in title applies to the Registr ar in the prescribed manner for the \r\nregistration of the same trade mark under this Ordinance in respect of some or \r\nall of the same goods or services or both in respect of which registration was \r\nsought in that convention country or those Convention countries, \r\nthat person or that person ’s successor in title may, when filing the application under this \r\nOrdinance, or within the prescribed period after filing the application under this Ordinance, \r\nbut before the application is accepted, has a right to priority for  the registration of the trade \r\nmark. \r\n (3) If the application for registration under this Ordinance is made within the prescribed \r\npriority period mentioned in sub-section (2)___ \r\n(a)  the relevant date for the purposes of establishing which rights take prece dence \r\nshall be the date of filing of the first Convention application; and \r\n(b)  the registrability of the trade mark shall not be affected by any use of the mark \r\nin Pakistan in the period between that date and the dat e of the application \r\nunder this Ordinance. \r\n (4) Any filing which in a Convention country is equivalent to a regular national filing, under \r\nits domestic legislation or an international agreement, shall be treated as giving rise to the right of \r\npriority. \r\n Explanation. ___For the purposes of this sub-section, a “regular national filing” means a filing \r\nwhich is adequate to establish the date on which the application was filed in that country, whatever \r\nmay be the subsequent fate of the application. \r\n (5) A subsequent application concerning the same su bject as the first Convention application, \r\nfiled in the same Convention country, shall be considered the first Convention application of which \r\nthe date of filing is the starting date of the period of priority, if at the time of the subsequent \r\napplication___ \r\n(a)  the previous application has been withdrawn, abandoned or refused, without \r\nhaving been laid open to public inspection and without leaving any rights \r\noutstanding; and \r\n(b)  it has not yet served as a basis for claiming a right of priority. \r\n \r\nPage 26 of 91 \r\n \r\n \r\n \r\n \r\n (6) The previous application referred to in sub-section (5), may not thereafter serve as a basis \r\nfor claiming a right of priority. \r\n (7) The manner of claiming a right to priority on the basis of a Convention application shall \r\nbe such as may be prescribed. \r\n (8) A rig ht to priority arising as a result of a Convention application may be assigned or \r\notherwise transmitted, either with the application or independently. \r\n (9) The reference in sub -section (2) to the applicants “successor in title” shall be construed \r\naccordingly. \r\n 26. Application to provide temporary protection during exhibition.__ (1) The applicant for \r\nregistration of a trade mark who has exhibited goods bearing the mark or has rendered services under \r\nthe trade mark at an official or officially recognized exhi bition and who applies for registration of \r\nthat trade mark, within six months from the day on which the goods bearing the trade mark or the \r\nservices rendered under the trade mark were first exhibited in the exhibition, shall , on his request, be \r\ndeemed to have applied for registration of the trade mark on that day. \r\n (2) Evidence of the exhibition of goods bearing the trade mark or services rendered under the  \r\ntrade mark must be given by a certificate issued by the competent authorities of the exhibition, \r\nstating the date on which the trade mark was first used in connection with goods or services included \r\nin the exhibition. \r\n (3) The provision of this section shall not extend any other priority rights to  the applicant in \r\nrespect of the same trade mark. \r\n (4) The grant of temporary protection in respect of goods or services during exhibition shall \r\nbe subject to such conditions as may be prescribed. \r\n 27. Examination of application .___(1) The Registrar shall, as soon as practicable,  examine \r\nwhether an application for  registration of a trade mark satisfies the requirements prescribed under \r\nthis Ordinance. \r\n (2) For the purposes of sub -section (1), the Registrar shall carry out a search, to the extent as \r\nhe considers necessary, of earlier trade marks. \r\n (3) if it appears to the Registrar that the requirements for registration are not met, he shall \r\ninform the applicant and give him an opportunity, within such period as the Registrar may specify, to \r\nmake representation or to amend the application. \r\n (4) If the applicant fails  to satisfy the Registrar that those requirements are met, or to amend \r\nthe application so as to meet them, or fails to respond before the end of the specified period, the \r\nRegistrar shall refuse to accept the application. \r\n (5) If it appears to the Registrar  that the requirements for registration are met, he shall accept \r\nthe application absolutely or subject to such conditions or limitations, if any, as he may think fit. \r\n (6) In the case of a refusal or conditional acceptance, the Registrar shall state in wri ting the \r\ngrounds of his decision and the materials used by him in arriving thereat. \r\n \r\nPage 27 of 91 \r\n \r\n \r\n \r\n \r\n (7) If the t ribunal is of opinion that it is fair and reasonable in all the circumstances of the \r\ncase to do so, may at any time, whether before or after acceptance, correc t any error in, or in \r\nconnection with, the application or may permit the applicant to amend his application upon such \r\nterms as it may think fit: \r\n Provided that no amendment or correction shall be permitted in the application which \r\nsubstantially affects the  identity of the trade mark or extends the goods or services covered by the \r\napplication: \r\n Provided further that if the amendment or correction in the application is permitted after  the \r\napplication has been advertised, the amendment or correction shall also be published. \r\n 28. Publication, opposition proceedings and observations.___(1) When an application for \r\nregistration of a trade mark has been accepted, whether absolutely or subject to conditions or \r\nlimitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted, \r\ntogether with the conditions and limitations, if any, subject to which it has been accepted, to be \r\nadvertised in the Journal, and for all legal purposes, advertisement of the trade mark in the Journal \r\nshall constitute sufficient notice of acceptance of the trade mark: \r\n Provided that the Registrar may cause an application to be advertised before acceptance \r\nwhere it appears to him that it is expedient by reason of any exceptional circumstances so to do, and \r\nwhere an application has been so advertised the Registrar may, if he thinks fit, advertise it again \r\nwhen it has been accepted, but shall not be bound so to do: \r\n Provided further that where an application is advertised by reason of any special \r\ncircumstances und er the above proviso, the Registrar shall simultaneously notify the exceptional \r\ncircumstances which led him so to do.   \r\n (2) Any person may, within two months from the date of the advertisement or re -\r\nadvertisement of an application for registration or with in such further period not exceeding two \r\nmonths in the aggregate, as the Registrar, on application made to him in the prescribed manner and \r\non payment of the prescribed fee, may allow, give notice to the Registrar of opposition to the \r\nregistration. \r\n (3) The notice under sub -section (2), shall be giv en in writing in the prescribed manner, and \r\nshall include a statement of the grounds of opposition. \r\n (4) The Registrar shall serve in the prescribed manner a copy of the notice on the applicant, \r\nand within one mo nth from the receipt by the applicant of such copy of the notice of opposition, or \r\nwithin such further period not exceeding two months in the aggregate, as the Registrar, on \r\napplication made to him in the prescribed manner and on payment of the prescribed fee, may allow, \r\nthe applicant shall send to the Registrar in the prescribed manner a counter -statement of the grounds \r\non which he relies for his application, and, if he does not do so he shall be deemed to have \r\nabandoned his application. \r\n (5) If the applic ant sends the counter -statement referred to in sub section (4), the Registrar  \r\nshall serve in the prescribed manner a copy of the counter-statement on the opponent. If the opponent \r\ndeems necessary, he may within one month from  the receipt of such copy of th e counter-statement, \r\nor within such further period not exceeding two months in the  aggregate, as the Registrar, on \r\n \r\nPage 28 of 91 \r\n \r\n \r\n \r\n \r\napplication made to him in the prescribed manner and on payment of the prescribed fee, may allow, \r\nsend to the Registrar in the prescribed manner a rejoinder. \r\n (6) If the opponent sends a rejoinder, the Registrar shall send in the prescribed manner a copy \r\nof the rejoinder to the applicant. \r\n (7) Any evidence upon which the opponent and the applicant may rely shall be submitted in \r\nthe prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an \r\nopportunity to them to be heard, if they so desire. \r\n (8) The Registrar shall, unless the proceedings are discontinued or dismissed, after giving to \r\nthe opponent and to the applicant an opportunity of being heard, decide whether, and subject to what \r\nconditions or limitations, if any, registration is to be permitted. \r\n (9) If the Registrar is of opinion that it is fair and reasonable in all circumstances of the case \r\nto do so, he may, on request made in the prescribed manner, permit correction of any error in, or any \r\namendment of, a notice of opposition, a counter -statement, or a rejoinder on such terms as he thinks \r\njust. \r\n 29. Grounds of opposition.___(1) The registration of a trade mark may be opposed on  any of \r\nthe grounds on which an application for the registration of a trade mark may be rejected under this \r\nOrdinance except the ground that the trade mark cannot be represented graphically. \r\n(2) The registration of a trade mark may be opposed on the ground that the applicant does not \r\nintend___ \r\n(a) to use, or authorize the use of, the trade mark in Pakistan; or \r\n(b)  to assign the trade mark to a body corporate for use by the body corporate in  \r\nPakistan. \r\nin relation to goods, services or both specified in the application.  \r\n (3) The registration of a trade mark may be opposed on any of the following grounds that: \r\n(a)  the applicant is not the proprietor of the trade mark; \r\n(b)  the application, or a document filed in support of the ap plication, was \r\namended contrary to the provisions of this Ordinance; \r\n(c)  the Registrar accepted the application for registration on the basis of evidence \r\nor representations that were false in material particulars; or \r\n(d)  the pre-acceptance advertisement of the application under exceptional \r\ncircumstances is without sufficient cause or reason. \r\n (4) The registration of trade mark in respect of particular goods or services may  be opposed \r\non the grounds that___ \r\n(a)  it is substantially identical with, or decep tively similar to, a well  known trade \r\nmark, or a trade mark that, before the priority date for the registration of the \r\n \r\nPage 29 of 91 \r\n \r\n \r\n \r\n \r\nfirst-mentioned trade mark in respect of those goods or services , had acquired \r\na reputation in Pakistan; and \r\n(b)  because of the reputati on of that other t rade mark, the use of the first -\r\nmentioned trade mark would cause dilution or would be likely to deceive or \r\ncause confusion. \r\n (5) The registration of a trade mark in respect of particular goods may be opposed on the \r\nground that the trade m ark contain or consists of a mark that is a geographical indication for goods \r\noriginating in___ \r\n(a)  a country, or in a region or locality in a country, other than the country in \r\nwhich the relevant goods originated; or \r\n(b)  a region or locality in the coun try in which the relevant goods originated other \r\nthan the region or locality in which the relevant goods originated. \r\n (6) The provision of clause (b) of sub-section (2) of section 17 shall remain in abeyance if the \r\nearlier trade mark application is under opposition. \r\n 30. Circumstances in which opposition may proceed in the name of a person other than \r\nthe person who filed the notice of opposition.___If___ \r\n(a)  after a person has given a notice of opposition, the right or interest on which \r\nthe person relies w hile giving the notice of opposition becomes vested in \r\nanother person: and \r\n(b)  the other person___ \r\n(i)  notifies the Registrar in the  prescribed manner that the right or interest \r\nis vested in him; and \r\n(ii)  does not withdraw the opposition, \r\nthe opposition may proceed as if the notice of opposition had been given in that other person's name. \r\ns \r\n 31. Withdrawal of application. ___(1) The applicant may at any time withdraw his \r\napplication or restrict the goods or services covered by the application. \r\n \r\n (2) In ca se the application has been advertised, the withdrawal or restriction under sub -\r\nsection (l) shall also be published. \r\n \r\n 32. Definition of divisional application .___(1) A divisional application means an other \r\napplication by a person who has already made an a pplication under section 22 for registration of a \r\ntrade mark in respect of certain goods, services or both and  made, in accordance with this section \r\nfor__ \r\n(a)  the registration of a part only of the trade  mark in respect of any or all those \r\ngoods, services or both; or \r\n \r\n \r\nPage 30 of 91 \r\n \r\n \r\n \r\n \r\n(b)  the registration of the trade mark in respect of some only of the goods, \r\nservices or both in respect of which registration is sought under the application \r\nmade under section 22. \r\n \r\n (2) A divisional application for registration of a trade mark or a part of a trade mark may \r\nbe made only if the application under section 22 for registration of the trade mark is pending. \r\n \r\n(3) A divisional application shall proceed as an application made under section 22:  \r\n \r\nProvided that a divisional application  shall be taken to have been filed on the day on  which \r\nthe application under section 22 was filed. \r\n 33. Registration. ___(1) Where an application has been accepted and___ \r\n \r\n \r\n(a)  no notice of opposition has been given within the period referred to in \r\nsub-section (2) of section 28; or \r\n \r\n(b) all opposition proceedings have been withdrawn or decided in favour \r\nof the applicant.  \r\n \r\nthe Registrar shall, within such period as may be prescribed, register the trade mark, unless it appears \r\nto him having regard to matter s coming to his notice since he accepted the application that it was \r\naccepted in error. \r\n \r\n (2) A trade mark shall not be registered unless any fee prescribed for the registration is paid \r\nwithin the prescribed period. If the fee is not paid within the prescr ibed period, the application shall \r\nbe deemed to have been 1[abandoned as per procedure prescribed under the rules]. \r\n \r\n (3) A trade mark when registered shall be registered as of the date of filing of the application \r\nfor registration and that date shall be d eemed for the purposes of this Ordinance to be the date of \r\nregistration. \r\n \r\n(4) On the registration of a trade mark the Registrar shall publish the registration in the \r\nprescribed manner and issue to the applicant a certificate in the prescribed form of regis tration, \r\nsealed with the seal of the Trade Marks Registry. \r\n \r\n (5) Where registration of a trade mark is not completed within twelve months from the date \r\nof the application by reason of default on the part of the applicant, the Registrar may, after  giving \r\nnotice to the applicant in the prescribed manner, treat the application as abandoned unless it is \r\ncompleted within the time specified in that behalf in the notice. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.11. \r\n \r\nPage 31 of 91 \r\n \r\n \r\n \r\n \r\n 34. Duration and renewal of registration.___(1) A trade mark shall be registered for a period \r\nof ten years from the date of registration. \r\n (2) The Registration may be renewed under section 35 for a further period of ten years. \r\n 35. Renewal of registration. ___(1) The registration of a trade mark may be renewed at  the \r\nrequest of the proprietor subject to payment of such renewal fee as may be prescribed. \r\n (2) The Registrar shall inform the proprietor of a registered trade mark, before the expiry of \r\nthe registration, of the date of expiry and the manner in which the registration may be renewed as \r\nmay be prescribed. \r\n (3) A request for renewal shall he made, along  with the renewal fee, before the expiry of the \r\nregistration as may be prescribed, failing which the request may be made and the  renewal fee paid \r\nwithin such further period of not less than six months as may be prescribed in which case an \r\nadditional renewal fee shall be paid within that period. \r\n (4) Renewal shall take effect from the expiry of the previous registration. \r\n (5) Except at the time of first renewal, the Registrar may require that request for renewal be \r\naccompanied with evidence of use of the trade mark in Pakistan. \r\n (6) If the registration is not renewed in accordance with the provisions of this section, the \r\nRegistrar shall remove the trade mark from the Register: \r\n Provided that the Registrar may restore the registration of a trade mark which has been \r\nremoved from the Register, subject to such conditions, if any, as may be prescribed. \r\n (7) The renewal or restoration of the registration of a trade mark shall be published in the \r\nJournal. \r\n 36. Effect of removal from Register for failure to pay fee for renewal. ___Where a trade \r\nmark has been removed from the Register, under this Ordinance , for failure to pay the fee for \r\nrenewal, it shall nevertheless, for the purposes of any application for the registration of another trade \r\nmark during one year next after the date of the removal, be deemed to be a trade mark already on the \r\nRegister, unless the tribunal is satisfied either___ \r\n(a)  that there has been no bona fide use of the trade mark which has been removed \r\nduring the two years immediately preceding its removal; or \r\n(b)  that no deception or confusion would be likely to arise from the use of the \r\ntrade mark which is the subject of the application fo r registration by reason of \r\nany previous use of the trade mark which has been removed. \r\n 37. Alteration of registered trade mark. ___(1) Subject to sub -section (2), a registered trade \r\nmark shall not be altered in the Register, during the period of registration or on renewal. \r\n (2) The Registrar may, at the request of the proprietor, allow the alteration of a registered \r\ntrade mark where the mark includes the proprietor ’s name or address and the alteration is limited to \r\nalteration of that name or address and does not substantially affect the identity of the mark. \r\n \r\nPage 32 of 91 \r\n \r\n \r\n \r\n \r\n (3) In case any alteration is made under sub -section (2), the Registrar shall publish such \r\nalteration and the objections by any person claiming to be affected by it, in such manner as may be \r\nprescribed. \r\n 38. Surrender of registered trade  mark.___(1) A registered trade mark may be  surrendered \r\nby the proprietor in respect of some or all of the goods or services for which it is registered. \r\n (2) The Federal Government may by rules to published in the official Gazette, provide___ \r\n(a)  as to manner and effect of a surrender; and \r\n(b)  for protecting the interests of other persons having a right in the registered \r\ntrade mark. \r\nCHAPTER IV.___REGISTRATION AND EFFECT THEREOF \r\n 39. Rights conferred by registration. ___(1) A registered trade mark shall be a personal \r\nproperty. \r\n (2) The proprietor of a registered trade mark shall have exclusive rights in the trade mark \r\nwhich are infringed by use of the trade mark in Pakistan without his consent. \r\n (3) Without prejudice to the  rights of the proprietor of a registered trade mark to obtain any \r\nrelief under any other law for the time being in force, the proprietor shall also have the right to obtain \r\nrelief under this Ordinance if the trade mark is infringed. \r\n (4) References in this Ordinance to the infringement of a registered trade mark shall be to any \r\nsuch infringement of the rights of the proprietor. \r\n (5) The rights of the proprietor shall have effect from the date of registration: \r\n Provided that no infringement proceedings shal l begin before the date on which the trade \r\nmark is in fact registered. \r\n (6) The rights conferred by registration of trade mark s under this Ordinance shall extend to \r\ntrade marks registered under the Trade Marks Act, 1940 (V of 1940).  \r\n 40. Infringement of r egistered trade mark. __ (1) A person shall infringe a registered  trade \r\nmark if such person uses in the course of trade a mark which is identical with the trade mark in \r\nrelation to goods or services which are identical with those for which it is registered. \r\n (2) A person shall infringe a registered trade mark if such person uses in the course of trade a \r\nmark where because___ \r\n(a)  the mark is identical with the trade mark and is used in relation to goods or \r\nservices similar to the goods or services for which the trade mark is registered; \r\nor \r\n(b)  the mark is deceptively similar to the trade mark and is used in relation to \r\ngoods or services identical with or similar to the goods or services for which \r\nthe trade mark is registered, \r\n \r\nPage 33 of 91 \r\n \r\n \r\n \r\n \r\n there exists a likelihood of co nfusion on the part of public, which includes the likelihood of \r\nassociation with the trade mark. \r\n (3) A person shall infringe a registered trade mark if the person uses in the course of trade a \r\nmark which is identical with, or deceptively similar to, the trade mark in relation to— \r\n(a)  goods of the same description as that of goods in respect of which the trade  \r\nmark is registered; \r\n(b)  services that are closely related to goods in respect of which the trade mark is \r\nregistered; \r\n(c)  services of the same des cription as that of services in respect of which the \r\ntrade mark is registered; or \r\n(d)  goods that are closely related to services in respect of which the trade mark is \r\nregistered. \r\n(4) A person shall infringe a registered trade mark if the pers on uses in th e course of trade a \r\nmark which___ \r\n(a)  is identical with or deceptively similar to the trade mark; and \r\n(b)  is used in relation to goods or services which are not similar to those for which \r\nthe trade mark is registered, \r\nwhere the trade mark is a well known  trade mark, or has a reputation in Pakistan, and the use of the \r\nmark, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive \r\ncharacter or the repute of the trade mark. \r\n (5) A person shall infringe a registered trade mark  if the person uses such registered trade \r\nmark as his trade name or part of his trade name. \r\n (6) A person shall infringe a registered trade mark if the person uses such registered trade \r\nmark as his domain name or part of his domain name or obtains such dom ain name without the \r\nconsent of the proprietor of the registered trade mark, with the intention of selling such domain name \r\nto another including the proprietor of the registered trade mark. \r\n (7) A person who applies a registered trade mark to material inte nded to be used for labeling \r\nor packaging goods shall be treated as a party to any use of the material which infringes the \r\nregistered trade mark if when he applied the mark he knew or had reason to believe that the \r\napplication of the mark was not duly authorised by the proprietor or a licensee. \r\n (8) In all legal proceedings, a person who sells or offers or exposes goods for sale, or puts \r\nthem on the market or has in possession for sale or any purpose of trade or manufacture any goods \r\nbearing a mark which infringes a registered trade mark shall be treated as a party to infringement of a \r\nregistered trade mark, unless he proves that___ \r\n(a)  having taken all reasonable precautions, he had no reasons to suspect the \r\ngenuineness of the mark; and \r\n \r\nPage 34 of 91 \r\n \r\n \r\n \r\n \r\n(b)  on demand made  by tribunal, he gave all the information in his power with \r\nrespect to the persons from whom he obtained such goods; or \r\n(c)  he had, otherwise acted innocently. \r\n 41. Infringement of trade mark by breach of certain restrictions. ___Subject to the \r\nprovisions of section 42, if the proprietor of a registered trade mark or a licensee having power to do \r\nso, has caused to be displayed on go ods the words “registered goods”  in respect of which a trade \r\nmark is registered, or on their packaging, or on the container in which they are offered to the public, \r\na notice prohibiting any of the following acts___ \r\n(a)  apply the trade mark to registered goods or using the trade mark in physical \r\nrelation to them, after the state, condition, get -up or packaging in which they \r\nwere originally offered to the public has been altered; \r\n(b)  altering, or partially removing or obliterating, any representation of the trade \r\nmark applied to registered goods and used in physical relation to them; \r\n(c)  if the trade mark has been applied to regis tered goods, or used in physical \r\nrelation to them, together with other matter indicating that the proprietor or the \r\nlicensee has dealt with the goods, removing or obliterating, totally or in part, \r\nany representation of the trade mark without totally removi ng or obliterating \r\nthe other matters; \r\n(d)  applying another trade mark to registered goods or using another trade mark in \r\nphysical relation to them; or \r\n(e)  if the trade mark has been applied to registered goods, or used in physical \r\nrelation to them , using on the goods, or on the packaging or container of t he \r\ngoods, any matter that is likely to injure the repute of the trade mark. \r\na person who does or authorizes someone to do any of the foregoing prohibiting acts shall be \r\nliable for infringement of the trade mark: \r\n Provided that the trade mark shall not be infringed if the owner of the goods acquired them in \r\ngood faith and without being aware of the notice of prohibition, or became the owner of the goods by \r\nvirtue of a title derived from a person who has so acquired them. \r\n 42. When a trade mark is not infringed. ___(1) A person shall not infringe a registered trade \r\nmark when___ \r\n(a)  the person uses in good faith___ \r\n(i)  the person's name or the name of the person's place of business, so \r\nlong as such use does n ot result in a likelihood of confusion or \r\notherwise interfere with an existing trade mark or other property right; \r\nor \r\n(ii)  the name of the predecessor in business of the person or the name of \r\nthe predecessor's place of business; \r\n \r\nPage 35 of 91 \r\n \r\n \r\n \r\n \r\n(b)  the person uses a mark in good faith to indicate__ \r\n(i)  the kind, quality, quantity, intended purpose, value, geographical \r\norigin, or some other characteristic, of goods or services; or \r\n(ii)  the time of production of goods or of the rendering of services; \r\n(c)  the person uses the trade mark in good faith to indicate the intended purpose of \r\ngoods, in particular as accessories or spare parts, or services; or \r\n(d)  the person uses the trade mark for the purposes of comparative advertising. \r\n (2) If the right to the use of a trade m ark given under section 39 by registration is subject to \r\nany conditions or limitations entered on the Register, such right shall not be deemed to be infringed \r\nby the use of any such trade mark as aforesaid in any mode,  in relation to goods to be sold or \r\notherwise traded in or in relation to services provided by, in any place, or in relation to goods or \r\nservices to be exported to any market , or in any other circumstances, to which, having regard to any \r\nsuch limitations the registration does not extend. \r\n (3) Where registration of a trade mark is subject to a disclaimer, a person shall not infringe \r\nthe trade mark by using disclaimed part of the trade mark. \r\n 43. Registration to be prima facie evidence of validity. ___In all legal proceedings relating \r\nto a trade mark registered under this Ordinance or under the Tr ade Marks Act, 1940 (V of 1940), the \r\nfact that a person is registered as proprietor thereof shall be prima facie evidence of the validity of \r\nthe original registration of the trade mark and of all subsequen t assignments and transmissions \r\nthereof. \r\n 44. Registration to be conclusive as to validity after five years. ___In all legal proceedings \r\nrelating to a registered trade mark, the original registration of the trade mark shall, after the \r\nexpiration of five years from the date of its original registration, be taken to be valid in all respects \r\nunless such registration was obtained by fraud, or unless the trade mark offends against the \r\nprovisions of sub-section (3) of section 14. \r\n 45. Saving for words used as name  or description of an article  or a substance.___The \r\nregistration of a trade mark shall not be deemed to have bec ome invalid by reason only of any use \r\nafter the date of the registration of any word which the trade mark contains or of which it consists as \r\nthe name or description of an article, substance or service: \r\n Provided that if it is proved either__ \r\n(a) that there is  a famous  and established use of the  said word as the name or \r\ndescription of the article, substance or service by a person or persons carryi ng \r\non trade therein, not being use in relation to goods or services connected in the \r\ncourse of trade with the proprietor or a licensee of the trade mark or in the case \r\nof a certification trade mark in relation to goods or services certified by the \r\nproprietor; or \r\n(b) that the article or substance has been manufactured under a patent in force at \r\nor granted after the commencement of this O rdinance, that a period of two \r\n \r\nPage 36 of 91 \r\n \r\n \r\n \r\n \r\nyears or more after the cesser of the patent has clapsed and that the said word \r\nis the only practicable name or description of the article or substance, \r\n the provisions of sub-section (2) shall apply. \r\n (2) Where the facts mentioned in clause (a) or (b) of the proviso to sub -section (1) are proved \r\nwith respect to any words, then___ \r\n(a) for the pur poses of any proceedings under section 96, if the trade mark \r\nconsists solely of such words, the registration of the trade mark, so far as \r\nregards registration in respect of the article or substance in question or of any \r\ngoods of the same description, or of  the service or of any services of the same \r\ndescription as the case may be, shall be deemed to be an entry wrongly \r\nremaining on the Register; or \r\n(b)  for the purposes of any other legal proceedings relating to the trade mark___ \r\n(i)  if the trade mark consi sts solely of such words, all rights of the \r\nproprietor under this Ordinance or any other law for the time being in \r\nforce to the use of the trade mark; or \r\n(ii)  if the trade mark contains such words and other matter, all such rights \r\nof the proprietor to the use of such words,  \r\nin relation to the article or substance or to any goods of the same description, or to the service or to \r\nany services of the same description, as the case may be, shall be deemed to have ceased on the date \r\non which the use mentioned in  clause (a) of the proviso to sub -section (1) first became famous and \r\nestablished or at the expiration of the period of two years mentioned in clause (b) of the said proviso.  \r\n \r\nPage 37 of 91 \r\n \r\n \r\n \r\n \r\nCHAPTER V.__INFRINGEMENT PROCEEDINGS \r\n 46. Action for infringement. ___(1) Save a s otherwise provided in this Ordinance , an \r\ninfringement of a registered trade mark shall be actionable by the proprietor of the trade mark.  \r\n (2) In an action for infringement all such relief by way of damages, injunctions, accounts or \r\notherwise shall be a vailable to the proprietor of the trade mark as is available in respect of the \r\ninfringement of any other property right. \r\n (3) Nothing in this Ordinance shall be deemed to affect rights of action against any person for \r\npassing off goods as the goods of anot her person or services as services provided by another person, \r\nor the remedies in respect thereof. \r\n 47. Order for erasure of offending mark. ___(1) Where a person is found to have infringed a \r\nregistered trade mark, the High Court or 1[an IP Tribunal] may make an order requiring him___ \r\n(a)  to cause the offending trade mark to be erased, removed or obliterated from \r\nany infringing goods, material or articles in  his possession, custody or control; \r\nor \r\n(b)  to secure the destruction of the infringing goods, mater ial or articles, if is not \r\nreasonably practicable for the offending trade mark to be erased, removed  or \r\nobliterated. \r\n (2) If an order under sub -section (1) is not complied with, or it appears to the High Court or \r\n1[IP Tribunal]  likely that such an order wo uld not be complied with, the High Court or 1[an IP \r\nTribunal] may order that infringing goods, material or articles be delivered to such person as the \r\nHigh Court or 1[an IP Tribunal]  may direct for erasure, rem oval or obliteration of the mark,  or for \r\ndestruction, as the case may be. \r\n 48. Order for delivery up of infringing goods, material or articles. ___(1) The proprietor of \r\na registered trade mark may apply to the High Court or 1[an IP Tribunal] for an order for the delivery \r\nup to him, or such other person  as the High Court or 1[an IP Tribunal] may direct, of any infringing \r\ngoods, material or articles which a person has in his possession, custody or control in the course of a \r\nbusiness. \r\n (2) An application shall not be made after the expiry of the period specified in section 50, and \r\nno order shall be made unless the High Court or 1[an IP Tribunal]  also makes, or it appears to the \r\nHigh Court or 1[an IP Tribunal] that there are grounds for making, an order under section 51. \r\n (3) A person to whom any infringing goods, material or articles are delivered in pursuance of \r\nan order under this section shall, if an order under section 51 has not been made, retain them pending \r\nthe making of an order, or the decision not to make an order, under that section. \r\n \r\n \r\n \r\n1Subs. by Act No.  LVIII of 2023, ss. 12-13.  \r\n \r\nPage 38 of 91 \r\n \r\n \r\n \r\n \r\n(4) Nothing in this section shall affect any other power of the High Court or 1[an IP Tribunal]. \r\n 49. Meaning of “infringing goods, material or articles ”.___(1) Subject to sub -section (2), \r\ngoods shall be “infringing goods” in relation to a registered trade mark, if they or their packaging \r\nbear a mark identical or deceptively similar to that mark and___ \r\n(a)  the application of the mark to the goods or their packaging was an \r\ninfringement of the registered trade mark; \r\n(b)  the goads are proposed to be imported into Pakistan and the application of the \r\nmark in Pakistan to them or their packaging would be an infringement of the \r\nregistered trade mark; or \r\n(c)  the mark has otherwise been used in relation to the goods in such a wa y as to \r\ninfringe the registered trade mark. \r\n (2) Nothing in sub-section (1) shall be construed as affecting the importation of goods which \r\nmay be lawfully imported into Pakistan. \r\n (3) Material shall be “infringing material” in relation to a registered tra de mark, if it bears a \r\nmark identical or deceptively similar to that mark and either it is___ \r\n(a)  used for labeling or packaging goods, as a business paper, or for advertising \r\ngoods or services, in such a way as to infringe the registered trade mark; or \r\n(b)  intended to be so used and such use would infringe the registered trade mark. \r\n (4) “Infringing articles” in relation to a registered trade mark, means such articles which__ \r\n(a)  are specifically designed or adapted for making copies of a mark identical  or \r\nsimilar to that mark; and \r\n(b)  a person has in his possession, custody or control, knowing or having reason \r\nto believe that they have been or are to be used to produce infringing goods or \r\nmaterial. \r\n 50. Period after which remedy of delivery be not available.___(1) An application for an \r\norder under section 48 shall not be made after the expiry of three years from, \r\n(a)  in the case of infringing goods, the date on which the trade mark was \r\napplied to the goods or their packaging; \r\n(b)  in the case of infringing material, the date on which the trade mark was \r\napplied to the material; or \r\n(c)  in the case of infringing articles, the date on which they were made, \r\nexcept as provided in sub-section (2). \r\n (2) If during the whole or part of the period specified in sub-section (1), the proprietor of \r\nthe registered trade mark___ \r\n \r\nPage 39 of 91 \r\n \r\n \r\n \r\n \r\n(a)  is under a disability; or \r\n(b)  is prevented by fraud or concealment from discovering the facts entitling \r\nhim to apply for an order, \r\nan application may be made at any time before the expiry of three years from the date on \r\nwhich he ceased to be under a disability or, as the case may be, could with \r\nreasonable diligence have discovered those facts. \r\n Explanation.___In this sub-section the expression “disability” shall have the same meaning as \r\nin the Limitation Act, 1908 (IX of 1908). \r\n 51. Order as to disposal of infringing goods, material or articles.___(1) Where \r\ninfringing goods, material or articles have been delivered up in pursuance of an order under \r\nsection 48, an application may be made to the High Court or 1[an IP Tribunal] ___ \r\n(a)  for an order that they be destroyed of forfeited to such person as the High \r\nCourt or 1[an IP Tribunal] may think fit; or \r\n(b)  for a decision that no such order should be made. \r\n (2) In considering what order, if any should be made, the High Court or 1[an IP Tribunal]  \r\nshall consider whether other remedies available in an action for infringement of the registered trade \r\nmark would be adequate to compensate the proprietor and any licensee and protect their interests. \r\n(3) Where there are more persons than one interested in the goods, m aterials or \r\narticles, the High Court or 1[an IP Tribunal] shall make such order as it thinks just. \r\n (4) if the High Court or 1[an IP Tribunal]  decides that no order should be made under this \r\nsection; then the person, in whose possession, custody or  control the goods, material or articles \r\nwere before being delivered shall be entitled to their return. \r\n 52. Remedy for groundless threats of infringement proceedings. ___(1) Where a person \r\nthreatens to bring an action against another person on the ground that the other person h as \r\ninfringed___ \r\n(a) a registered trade mark; or \r\n(b)  a trade mark alleged by the person to be registered, \r\nany person aggrieved by the threat may bring proceedings for relief against the person making the \r\nthreat. \r\n (2) The relief may be applied for any of the following, namely:— \r\n(a)  a declaration that the threats are unjustifiable; \r\n(b)  an injunction against the continuance of the threats; or \r\n \r\n1Subs. by Act No. LVIII of 2023, s.14. \r\n \r\nPage 40 of 91 \r\n \r\n \r\n \r\n \r\n (c)  damages in respect of any loss he has sustained by the threats. \r\n (3) The plaintiff shall be entitled to any relief specified in sub-section (2) unless the \r\ndefendant shows that the acts respect in respect of which proceedings were threatened constitute, or \r\nif done would constitute, an infringement of the registered trade mark concerned. \r\n (4) If that is shown by the defendant, as provided under sub-section (3), the plaintiff shall \r\nbe entitled to any relief specified in sub-section (2), if he shows that the registration of the t rade \r\nmarks is invalid or liable to be revoked in a relevant respect. \r\n (5) The m ere notification that a t rade mark is registered, or th at act application for \r\nregistration has b een m ade, sh all not constitute a  threat of proceedings for the pu rposes of  this \r\nsection. \r\n (6) The provisions of this action shall not make a lawyer, advocate or attorney liable to an \r\naction for an act done in his professional capacity on behalf of a client. \r\nCHAPTER VI.___IMPORTATION OF INFRINGING GOODS, MATERIAL OR ARTICLES \r\n 53. Infringement goods, material or articles may be treated as prohibited.___(1) The \r\nproprietor of the registered trade mark may give notice in writing to the 1[Director General, IPR \r\n(Enforcement), Director, IPR (Enforcement) or Collecto r of Customs or any competent authority \r\nunder the Custom Act, 1969 (IV of 1969)] that— \r\n(a)  he is the proprietor of the registered trade mark; \r\n(b)  at a time and place specified in the notice, goods which, in relation to that \r\nregistered trade mark are infringing goods, material or articles, or bear false \r\nindications as to their source or the identity of their manufacturer are \r\nexpected to arrive in Pakistan from outside Pakistan and that they are subject \r\nto the control of the customs authorities under the Customs Act, 1969 (IV of \r\n1969); and \r\n(c)  he requests the 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)] to treat such goods as prohibited goods. \r\n 54. Notice for i ntervention by customs authorities.___When any notice to the 1[Director \r\nGeneral, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any  \r\ncompetent authority under the Custom Act, 1969 (IV of 1969)]  is made under section 53, it shall be \r\naccompanied by an undertaking by the  person sending the notice to indemnify the customs \r\nauthorities concerned and to compensate any importer, consignee or owner of the goods for loss or \r\ndamage resulting from the wrongful suspension of clearance of goods. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 15-16. \r\n \r\nPage 41 of 91 \r\n \r\n \r\n \r\n \r\n 55. Furnishing of s ecurity or equivalent assurance to customs authority.___The \r\n1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any \r\ncompetent authority under the Custom Act, 1969 (IV of 1969)]  may require an applicant to provide \r\na security or equivalent assurance su fficient to protect the importer, consignee or owner of the \r\ngoods but such security or equivalent assurance shall not be such as to unreasonable deter recourse \r\nto these procedures. \r\n 56. Collector of Customs may seize goods bearing infringing trade mark.___If goods to \r\nwhich section 53 applies___ \r\n(a)  bear on them a trade mark which, in the opinion of the 1[Director General, \r\nIPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or \r\nany competent authority under the Custom Act, 1969 (IV of 1969)] , is \r\nidentical with, or deceptively similar to the registered trade mark; and \r\n(b)  are goods in respect of which the trade mark is registered,  \r\n \r\nthe 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or \r\nany competent authority under the Custom Act, 1969 (IV of 1969)]  shall seize the goods unless he is \r\nsatisfied that there are no reasonable grounds of believing that the trade mark shall be infringed by \r\nthe importation of the goods and the seized goods shall be kept in a secure place as directed by the \r\n1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any \r\ncompetent authority under the Custom Act, 1969 (IV of 1969)]. \r\n 57. Notice of  seizure.___The 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV \r\nof 1969)] shall, as soon as practicable— \r\n(a)  give, either personally or by urgent post, to the importer, consignee or \r\nowner of the  goods a notice of seizure in writing identifying the goods \r\nand stating that they have been seized under section 56; and \r\n(b)  give to the applicant a notice in writing___ \r\n(i)  identifying the goods and stating that they have been seized under \r\nsection 56; \r\n(ii)  giving the full name and address of the importer, consignee \r\nor owner of the goods and any information that the 1[Director \r\nGeneral, IPR (Enforcement), Director, IPR (Enforcement) or \r\nCollector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)]  has and believes, on \r\nreasonable grounds, to be likely to help t he applicant to \r\nidentify the importer or the owner of the goods; and \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 17-19 \r\n \r\nPage 42 of 91 \r\n \r\n \r\n \r\n \r\n (iii)  stating that the goods shall be released to the importer, \r\nconsignee or own er of the goods unless the applicant brings an \r\naction for infringement of the registered trade mark in respect of \r\ngoods before 1[an IP Tribunal]  having jurisdiction in the matter and \r\ngives the 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority \r\nunder the Custom Act, 1969 (IV of 1969)]  notice in writing of  the \r\naction, within the period of ten working days after the applicant \r\nhas b een given the notice, or if the 1[Director General, IPR \r\n(Enforcement), Director, IPR (Enforcement) or Collector of Customs \r\nor any competent authority under the Custom Act, 1969 (IV of 1969)] \r\nextends the period under sub -section (1) of section 60, within  such \r\nextended period. \r\n 58. Forfeiture of goods.___If the importer, consignee or owner of any seized goods, at any \r\ntime before the applicant starts an action for infringement of the trade mark in respect of goods, by \r\nnotice in writing to the  1[Director General, TPR (Enforcement), Director, TPR (Enforcement) or \r\nCollector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] , gives \r\nconsent to the goods being forfeited by the Collector of Customs, the goods shall be so forfeited by \r\nthe 1[Director General, TPR (Enforcement), Director, TPR (Enforcement) or Collector of Customs \r\nor any competent authority under the Custom Act, 1969 (IV of 1969)]. \r\n 59. Release of goods.___(1) The 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV \r\nof 1969)] shall release the seized goods to their designated importer, consignee or owner if, within \r\nthe specified period, the applicant has not___ \r\n(a)  brought an action for infringement of the registered trade mark in respect \r\nof the goods; and \r\n(b)  given to the 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)] notice in writing of the action. \r\n (2) The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of \r\nCustoms or any competent authority under the Custom Act, 1969 (IV of 1969)] shall also release the \r\nseized goods to their designated importer, consignee or owner if___ \r\n(a)  before the end of the prescribed period, the applicant, by notice in writing \r\nto the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or \r\nCollector of Customs or any competent authority under the Custom Act, 1969 \r\n(IV of 1969)], consented to the release of the goods; and \r\n(b) at that time, \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 19-21.  \r\n \r\nPage 43 of 91 \r\n \r\n \r\n \r\n \r\n(i)  the applicant has not brought an action for infringement of the \r\nregistered trade mark in respect of the goods; or \r\n \r\n \r\n(ii)  the action brought by the applicant has been withdrawn. \r\n(3) The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of \r\nCustoms or any competent auth ority under the Custom Act, 1969 (IV of 1969)]  may release the \r\nseized goods to their designated importer, consignee or owner before the end of the specified period \r\nif___ \r\n(a)  having regard to information that has come to his knowledge after the goods \r\nwere seized, he is satisfied that there are no reasonable grounds of \r\nbelieving that the registered trade mark has been infringed by the importation \r\nof the goods; and \r\n(b)  the applicant has not so far brought an action for infringement of the registered \r\ntrade mark in respect of the goods, or has not informed him of such an action. \r\n 60. Action for infringement against importation of infringing goods.___(1) The \r\napplicant may bring an action for infringement of a registered trade mark in respect of the seized \r\ngoods and give a notice to the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) \r\nor Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)] , \r\nsubject to the provisions of clause (b), within ten working days specified in the notice given to the \r\napplicant in respect of the goods, under section 57 or if___ \r\n(i)  the applicant has, before the expiry of the specified period, applied in writing \r\nto the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or \r\nCollector of Customs or any competent authority under the Custom Act, 1969 \r\n(IV of 1969)] for a extension of the specified period; and \r\n(ii)  the 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or \r\nCollector of Customs or any competent authority under the Custom Act, 1969 \r\n(IV of 1969)] , being satisfied that in the circumstances of the case it is fair \r\nand reasonable to do so, has extended the specified period for a \r\nnumber of wo rking days not exceeding ten days, within that period so \r\nextended by t he 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)]. \r\n (2) 1[an IP Tribunal] hearing the action___ \r\n(a)  may, on the application of any person, allow that person to be joined as a \r\ndefendant in the case; and \r\n(b)  shall allow the 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)], or his duly authorised officer, to appear and \r\nbe heard. \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 21-22 \r\n \r\nPage 44 of 91 \r\n \r\n \r\n \r\n \r\n (3) Subject to sub-section (4), in addition to any relief that 1[an IP Tribunal]  may grant \r\napart from the provisions of this section, the Court may— \r\n(a)  at any time, if it thinks it just, order that the seized goods be released to \r\ntheir designated owner subject to such conditions that the Court considers fit \r\nto impose; or \r\n(b)  order that the seized goods be forfeited. \r\n (4) 1[An IP Tribunal] shall not make any order which may facilitate___ \r\n(a)  re-exporting of the counterfeit trade mark goods; \r\n(b)  removing of the trade marks which have been affixed to the counterfeit trade \r\nmark goods without authorization; and \r\n(c)  local sale of such goods. \r\n (5) if 1[an IP Tribunal]  decides that the registered trade mark was not infringed by the \r\nimportation of the goods and the designated importer, consignee or owner of the goods, satisfies the \r\nCourt that he has suffered losses or damage because the goods were seized, the Court may order the \r\napplicant to pay the defendant compensation, in the amount determined by the Court, for any part \r\nof the loss or damage that is attributable to any period beginning on or after the day on which the \r\naction was brought. \r\n (6) If, after three weeks from the day on which the action was brought, there is not in force \r\nat any time an order of a 1[an IP Tribunal] preventing the goods from being released, the 1[Director \r\nGeneral, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any \r\ncompetent authority under the Custom Act, 1969 (IV of 1969)]  shall release the goods to their \r\ndesignated importer, consignee or owner. \r\n (7) If 1 [an IP Tribunal]  orders that the goods be released, the 1[Director General, IPR \r\n(Enforcement), Director, IPR (Enforcemen t) or Collector of Customs or any competent authority \r\nunder the Custom Act, 1969 (IV of 1969)] shall, subject to section 63, comply with the order. \r\n 61. Action for infringement by licensee in relation to any seized goods.___If an exclusive \r\nlicensee of a registered trade mark is an applicant in relation to any seized goods, the licensee \r\nmay commence an action for the infringement of the registered trade mark in respect of the goods \r\nwithin the required period without first ascertaining whether the proprietor is willing to bring the \r\naction. \r\n 62. Disposal of forfeited goods.___(1) Subject to sub-section (2), any goods forfeited under \r\nthe provisions of this Chapter shall be disposed of by the 1[Director General, IPR (Enforcement), \r\nDirector, IPR (Enforcement) or C ollector of Customs or any competent authority under the Custom \r\nAct, 1969 (IV of 1969)]  in the manner as if the goods were forfeited under the Customs Act, 1969 \r\n(IV of 1969). \r\n  \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 22-23 \r\n \r\nPage 45 of 91 \r\n \r\n \r\n \r\n \r\n(2) The 1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of \r\nCustoms or any competent authority under the Custom Act, 1969 (IV of 1969)]  shall not dispose \r\nof goods in a manner which may facilitate___ \r\n(a)  re-exporting of the counterfeit trade mark goods; \r\n(b)  removing of the trade marks which have been affixed to the counterfeit trade \r\nmark goods without authorization; and \r\n(c)  local sale of such goods. \r\n 63. Power of the Collector of Customs to retain control of goods.___Notwithstanding \r\nanything contained in th is Chapter, the 1[Director General, IPR (Enforcement), IPR (Enforcement) \r\nor Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)]  shall \r\nnot___ \r\n(a)  release, or dispose of, any goods; or \r\n(b)  take any action in relation to the goods to given effect to any order of [an IP \r\nTribunal] under section 60, and 1[Director General, IPR (Enforcement), \r\nDirector, IPR (Enforcement) or Collector of Customs or any competent \r\nauthority under the Custom Act, 1969 (IV of 1969)]  shall apply to  the \r\nDistrict Court to request that the goods are required and he may be allowed to \r\nretain control of the goods under any law for the time being in force. \r\n64. Insufficient security.___if security give under section 55 by t he applicant who gave \r\nnotice in respect of a registered trade mark under section 53 or section 61 is not sufficient to meet \r\nthe expenses incurred by the Federal Government as a result of the action taken by the 1[Director \r\nGeneral, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any \r\ncompetent authority under the Custom Act, 1969 (IV of 1969)]  under this Chapter, because of the \r\nnotice, the amount of the difference in the expenses and the amount of security___ \r\n(a)  shall be a debt due by the applicant to the Federal Government; and \r\n(b)  shall be recovered by the Federal Government under section 202 of the \r\nCustoms Act, 1969 (IV of 1969). \r\n 65. The Federal Government not be liable to loss, etc., suffered because of \r\nseizure.___The Federal Government shall not be liable to a ny loss, damage or delays suffered by a \r\nperson___ \r\n(a)  because the 1[Director General, IPR (Enforcement), Director, IPR \r\n(Enforcement) or Collector of Customs or any competent authority under the \r\nCustom Act, 1969 (IV of 1969)]  seized or failed to seize goods under this \r\nChapter; or \r\n(b)  because of release of any seized goods. \r\n  \r\n1Subs. by Act No. LVIII of 2023, ss. 23-26. \r\n \r\nPage 46 of 91 \r\n \r\n \r\n \r\n \r\n66. Power of the Collector of Customs to make regulations.___The 1[Director General, IPR \r\n(Enforcement)] may m ake regulations prescribing the form in which notices shall be made and \r\nrequiring the person making the notices to furnish evidence as to the ownership and to \r\ncomply with such other conditions as may be specified which may include the payment of a fee to \r\ncover the administrative costs. \r\n \r\nCHAPTER VII.___ UNFAIR COMPETITION AND COMPARATIVE \r\nADVERTISEMENT \r\n 67. Definition of unfair competition and provisions relating thereto.___(1) An “unfair \r\ncompetition” means any act of competition contrary to  honest business practices in indust rial or \r\ncommercial matters and, without prejudice to the generality of the  foregoing, su ch acts m ay \r\ninclude___ \r\n(a)  all acts of such nature as to create confusion by any means whatsoever with \r\nthe establishment, goods, services or industrial or commercial activities of a \r\ncompetitor; \r\n(b)  false allegations in the course of t rade of such a n ature as to discredit the \r\nestablishment, goods, s ervices or indust rial or commercial activities of a \r\ncompetitor; \r\n(c)  indications or allegations the use of which in the course of trade is \r\nliable to misl ead the public as to the nature, manufacturing process, \r\ncharacteristics, constituents, quality or the suitability for their purpose of the \r\ngoods or services; \r\n(d)  any act or practice, in the course of industrial or commercial matters that \r\nresults in the disclosure, acquisition or use by others of information without \r\nthe consent of the person lawfully in control of that information in a manner \r\ncontrary to  honest industrial or  commercial practice so long as such \r\ninformation relates to sale or manufacture of goods or provision of services \r\nand___ \r\n(i)  is secret in the sense that it is not, as a body or in the precise \r\nconfiguration and assembly of its components, generally known \r\namong or readily accessible to persons within the circles that \r\nnormally deal with the kind of information in question; \r\n(ii)  has commercial value because it is secret; and \r\n(iii)  has been subject to reasonable steps under circumstances, by the \r\nperson lawfully in control of the information, to keep it secret; \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.27. \r\n \r\nPage 47 of 91 \r\n \r\n \r\n \r\n \r\n(e)  making of false or deceptive statements in the course of trade;  \r\n(f)  misleading advertising; or \r\n(g)  fraudulently registering or applying for registration of a trade mark. \r\nExplanation.___For the purposes of clause (d) “a manner contrary to honest industrial or \r\ncommercial practice” shall mean, at least, practices such as breach of contract, breach of confidence \r\nand inducement to breach, and includes the acquisition of undisclosed information by third parties \r\nwho knew, or were grossly negligent in failing to know, that such parties were involved in the \r\nacquisition. \r\n (2) Any act of unfair competition shall be unlawful. \r\n (3) An action against unfair competition may be brought before 1 [an IP Tribunal] of \r\ncompetent jurisdiction. \r\n 68. Misleading and comparative advertisement.___(1) Comparative advertisement shall, \r\nas far as comparison is concerned, be lawful subject to the following conditions, namely:___ \r\n(a)  it is not misleading according to clause (xxiv) of section 2, and sub-section \r\n(2); \r\n(b)  it compares goods or services meeting the  same needs or intended for the \r\nsame purpose; \r\n(c)  it objectively compares one or more material, relevant, verifiable and \r\nrepresentative features of those goods and services, which may include price; \r\n(d)  it does not create confusion in the market place between the advertiser and a \r\ncompetitor or between the advertiser’s trade marks, trade names, other \r\ndistinguishing marks, goods or services and those of the competitor; \r\n(e)  it does not  discredit or di sparage the  trade marks, trade names, other \r\ndistinguishing ma rks, goods, services, activities or circumstances of a \r\ncompetitor; \r\n(f)  for products with designation of origin, it relates in each case to products \r\nwith same designation; \r\n(g)  it does not take unfair advantage of the reputation of a trade mark, trade name \r\nor other distinguishing marks of a competitor or of the designation of origin \r\nof competing products; and \r\n(h)  it does not present goods or services as imitations or replicas of goods or \r\nservices bearing a protected trade mark or trade name. \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.28. \r\n \r\nPage 48 of 91 \r\n \r\n \r\n \r\n \r\n (2) In determining whether an advertising is misleading, the tribunal shall take account of all \r\nits features, and in particular of any information it contains concerning— \r\n(a)  the characteristics of goods or services, such as their availability, nature, \r\nexecution, composition, method and date of manufacture or provision, fitness \r\nfor pu rpose, uses, specification, geographical or commercial origin or the  \r\nresults to be expected from their use, or the results and material features of \r\ntests or checks carried out on the goods or services; \r\n(b)  the price or the manner in which the price is calculated, and the conditions on \r\nwhich the goods are supplied or the services provided; and \r\n(c)  the nature, attributes and rights of the advertiser, such as his identity and \r\nassets, his  qualifications and ownership of indust rial, commercial or \r\nintellectual property rights or his awards and distinctions. \r\n(3) Any p erson having a  legitimate interest in prohibiting misleading advertisement or \r\nregulating comparative advertising may institute  legal action against such advertising before the \r\ntribunal. \r\n(4) For all complaints made to the tribunal under sub-section (3), the tribunal shall take into \r\naccount all the interests involved and in particular the public interest before it orders___ \r\n(a)  publication of a corrective statement by the advertiser; \r\n(b)  cessation of misleading advertising or unpermitted comparative advertising; \r\nor \r\n(c)  if the misleading advertising or unpermitted comparative advertising has not \r\nyet b een publish ed but publication is immin ent, the p rohibition of  such \r\npublication. \r\n (5) This section shall not exclude voluntary control of misleading or comparative \r\nadvertisement by self-regulatory bodies and recourse to such bodies by the persons if proceedings \r\nbefore such bodies are in addition to the tribunal proceedings referred to in sub-section (3). \r\nCHAPTER VIII.___ASSIGNMENT AND TRANSMISSION \r\n 69. Assignment of registered trade mark.___(1) A registered trade mark shall be \r\ntransmissible by assignment, testamentary disposition or operation of law in the same way as other \r\npersonal or movable property. \r\n (2) A registered trade mark shall also be transmissible either in connection with the \r\ngoodwill of a business or independently. \r\n (3) An assignment or other transmission of a registered trade mark tray be partial, that is, \r\nlimited so as to apply___ \r\n(a)  in relation to some but not all of the goods or services for which the trade \r\nmark is registered; or \r\n \r\nPage 49 of 91 \r\n \r\n \r\n \r\n \r\n(b)  in relation to use of  the t rade m ark in a  particular m anner or  a particular \r\nlocality. \r\n (4) An assignment of a registered trade mark, or an assent relating to a registered trade mark \r\nshall not be effective unless it is in writing signed by, or on behalf of, the assignor or, as the case \r\nmay be, a personal representative. \r\n (5) The provisions of sub-section (4) shall apply to assignment by way of security as in \r\nrelation to any other assignment. \r\n (6) Assignment or other transmission of a registered trade mark shall be the subject of  \r\ncharge in the same way as other personal or movable property. \r\n (7) Nothing in  this Ordinance shall be construed as affecting t he assignment or other \r\ntransmission of an unregistered trade mark as part of the goodwill of a business. \r\n70. Registration of transaction s affecting registered trade mark .___(1) On application \r\nbeing made to the Registrar by___ \r\n(a)  a person claiming to be entitled to an interest in, or under, a registered trade \r\nmark by virtue of a registerable transaction; or \r\n(b)  any other person claiming to be affected by such a transaction,  \r\n \r\nthe prescribed particulars of the transaction shall be entered in the Register. \r\n (2) The following shall be registerable transactions, namely:___ \r\n(a)  an assignment of a registered trade mark or any right in it; \r\n(b)  the grant of a license under a registered trade mark;  \r\n(c)  the granting of any security int erest whether fixed of floating over a \r\nregistered trade mark or any right in or under it; \r\n(d)  the making by personal representatives of an assent in relation to a registered \r\ntrade mark or any right in or under it; and \r\n(e)  an order of  the High Court, 1[IP Tribunal]  or other competent authority \r\ntransferring a registered trade mark or any right in or under it. \r\n (3) Until an application has been made for registration of the prescribed particulars of a  \r\nregisterable transaction___ \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.29. \r\n \r\nPage 50 of 91 \r\n \r\n \r\n \r\n \r\n(a)  the transaction shall be ineffective as against a person acquiring a \r\nconflicting interest in, or under, the registered trade mark in ignorance of it; \r\nand \r\n(b)  a person claiming to be a licensee by virtue of the transaction shall not \r\nhave the protection of section 69, 77 or 79. \r\n (4) Provisions may be made by rules as to___ \r\n(a)  the amendment of registered particulars relating to a licence so as to \r\nreflect any alteration of the terms of licence; and \r\n(b)  the removal of such particulars from the Register— \r\n(i)  where it appears from the registered particulars that the licence was \r\ngranted for a fixed period and that period has expired; or \r\n(ii)  where no such period is indicated and, after such period as tray be \r\nprescribed, the Registrar has informed the parties of his intention to \r\nremove the particulars from the Register. \r\n (5) Provision may also be made by rules as to the amendment or removal from the Register \r\nof particulars relating to a security interest on the application of, or with the consent of, the person \r\nentitled to the benefit of the interest. \r\n 71. Application for registration of trade mark as an object of property.___(1) The \r\nprovisions of sub-section (1) of section 39, sub-sections (2) to (7) of section 24, section 69 and \r\nsection 70 shall apply, with the necessary modifications, in relation to an application for the \r\nregistration of a trade mark as in relation to a registered trade mark. \r\n (2) In section 70 as it applies in relation to transaction affecting an application for the \r\nregistration of a trade mark, the references to the entry of particulars in the Register, and to the \r\nmaking of  an application to register particulars, shall be construed as references to the giving of \r\nnotice to the Registrar of those particulars.  \r\nCHAPTER IX.___USE OF TRADE MARKS AND LICENSEES \r\n 72. Proposed use of trade mark by company to be formed.___(1) No application for the \r\nregistration of a trade mark in respect of any goods or services shall be refused, nor shall permission \r\nfor such registration be withheld, on the ground only that it appears that the applicant does not use \r\nor propose to use the trademark, if the Registrar is satisfied that___ \r\n(a)  a company is about to be formed and registered under the Companies \r\nOrdinance, 1984 (XLVII of 1984), or any modification thereof and that the \r\napplicant intends to assign the trade mark to that company with a view to \r\nthe use thereof in relation to those goods or services by the company; or \r\n (b)  the applicant intends it to be used by way of permitted use. \r\n \r\n \r\nPage 51 of 91 \r\n \r\n \r\n \r\n \r\n(2) The provisions of section 73 shall have effect, in relation to a trade mark registered under \r\nthis sub-section, as if for the references, in clause (a) of subsection (1) of that section to intention \r\non the p art of an applicant for registration that a t rade m ark should be us ed by him there were \r\nsubstituted a reference to intention on his part that it should be used by the company or the \r\nauthorised user concerned. \r\n (3) The tribunal may, in a case to which clause (a) of sub-section (1) applies, require the \r\napplicant to give security for the costs of any proceedings relating to any opposition or appeal, and \r\nin default of such security being duly given, may treat the application as abandoned. \r\n (4) Where in a case to which clause (a) of sub-section (1) applies, a trade mark in respect of \r\nany goods or services is registered in the name of an applicant who relies on intention to assign the \r\ntrade mark to a company, then unless within such period as may be p rescribed or within such \r\nfurther period not exceeding six months as the Registrar may, on application being made to him in \r\nthe prescribed manner, allow, the company has been registered as the proprietor of the trade mark in \r\nrespect of those goods or services, the registration shall cease to have effect in respect thereof at the \r\nexpiration of that period and the Registrar shall amend the Register accordingly. \r\n 73. Revocation of registration.___(1) The registration of a trade mark may be revoked on \r\nany of the following grounds, namely:___ \r\n(a)  that within the period of five years following the date of completion of \r\nregistration procedure it has not been put to bona fide use in Pakistan by the \r\nproprietor or by an authorised user thereof, in relation to the goods or services \r\nfor which it is registered and there are no proper reasons for its non-use; \r\n(b)  that the bona fide use has been suspended for an uninterrupted period of five \r\nyears and there are no proper reasons for its non-use; \r\n(c)  that in consequence of acts or inactivity of the proprietor. it has become the \r\ncommon name in the t rade for a product or service for which it is registered; \r\nand \r\n(d)  that in consequence of the use made of it by the  proprietor, or with his \r\nconsent in relation to the goods or services for which it is registered, it is \r\nliable to misl ead the publi c, particularly as to the nature, quality or \r\ngeographical origin of those goods or services. \r\n (2) For the purpose of sub-section (1), use of trade mark shall include use in a form differing \r\nin elements which do not alter the distinctive character of the mark in the form in whi ch it  was \r\nregistered. \r\n (3) The registration of a trade mark shall not be revoked on the grounds specified in clause \r\n(a) or (b) of sub-section (1), if such use, as it referred to in those clauses, is commenced or resumed \r\nafter the expiry of the five years’ period and before the application for revocation is made: \r\n Provided that any such commencement or resumption of use after the expiry of five years \r\nperiod but only three months before the application for revocation is made, shall only be regarded \r\nif the preparation for commencement or resumption began before the proprietor became aware that \r\nthe application is made. \r\n \r\nPage 52 of 91 \r\n \r\n \r\n \r\n \r\n(4) An application for revocation may be made by an interested party to  the Registrar, \r\nexcept that___ \r\n(a)  if proceedings concerning the trade mark in question are pending in the \r\nHigh Court 1[* * *], the application shall be made to the High Court 1[* * *]; \r\nand \r\n(b)  in case the application is made to the Registrar, he may at any stage of the \r\nproceedings refer the application to the High Court 1[* * *]. \r\n (5) Where grounds for revocation exist in respect of only some of the goods or \r\nservices for whi ch the t rade mark is registered, revocation shall relate to those goods or services \r\nonly. \r\n (6) Where the registration of a trade mark is revoked to any extent, the rights of the \r\nproprietor shall be deemed to have ceased to that extent as from___ \r\n(a)  the date of the application for revocation; or \r\n(b)  if the Registrar, 1[or the High Court] is satisfied that the grounds for \r\nrevocation existed at an earlier date, that date. \r\n (7) Where the registration of a trade mark is revoked or declared invalid on the \r\nground that the registration was secured in bad faith, the applicant shall be barred from applying for \r\nregistration of the identical or similar trade mark for two years from the date of revocation or  \r\ninvalidation, whatever her the case may be. \r\n 74. Use of trade mark by a person other than the proprietor thereof.___(1) The permitted \r\nuse of a trade mark shall be deemed to be use of the trade mark by the owner of the trade mark and \r\nshall be deemed not to be used of the trade mark by a person other than the owner for any purpose \r\nfor which such use is material under this Ordinance or any other law for the time being in force. \r\n(2) The tribunal while determining as to whom the benefit of use of a trade mark be passed, \r\nshall pass the benefit to none else, except to___ \r\n(a)  the proprietor of the trade mark, if the trade mark is registered; or \r\n(b)  the owner of the trade mark, if the trade mark is entitled to protection \r\nunder the Paris Convention as a well known trade mark. \r\n 75. Licensing of registered trade mark.___(1) A license to use a registered trade mark \r\nmay be general or limited. \r\n (2)  A limited licensee may, in particular, apply___ \r\n(a)  in relation to some but not all of the goods or services for which the trade \r\nmark is registered; or \r\n \r\n1Omitted and Subs. by Act  No. LVIII of 2023, s.30. \r\n \r\nPage 53 of 91 \r\n \r\n \r\n \r\n \r\n (b)  in relation to the use of the trade mark in a particular manner or a \r\nparticular locality. \r\n (3) A license shall not be effective unless it is in writing signed by or  on behalf of the \r\ngrantor. \r\n(4) Unless the license provides otherwise, it shall be binding on a successor in title to the \r\ngrantor's interest. \r\n (5) Where the license so provides, a sub-license may be  granted by the  licensee; and \r\nreferences in this Ordinance to a license or licensee shall include a sub-license or sub-licensee. \r\n 76. Exclusive license defined.___(1) In this Ordinance, an “exclusive license” means a \r\nlicense, whether general or lim ited, authorizing the  licensee to the exclusion of all oth er p ersons \r\nincluding the person, granting the license, to use a registered trade mark in the m anner \r\nauthorised by the license and the expression “exclusive licensee” shall be construed accordingly. \r\n (2) An exclusive licensee shall have the same rights against a successor in title who is \r\nbound by the license as he has against the person granting the license. \r\n 77. General provisions as to the rights of licensees in case of infringement.___(1) Save \r\nas provided in s ection 61, a licensee shall be entitled, unless his li censee, or any licensee through \r\nwhich his interest is derived, provides o therwise, to call on the proprietor of the registered trade \r\nmark to take infringement proceedings in respect of any matter which affects his interests: \r\n Provided that if the proprietor___ \r\n(a)  refuses to do so; or \r\n(b)  fails to do so within two months after being called upon,  \r\nthe licensee may bring the proceedings in his own name as if he were the proprietor. \r\n (2) Where infringement proceedings are brought by a  licensee under this section, the \r\nlicensee may not, without the leave of the High Court or 1[an IP Tribunal], proceed with the action \r\nunless the proprietor is either joined as a plaintiff or added as a defendant; \r\nProvided that this shill not affect the granting of interlocutory relief on an application by a \r\nlicensee alone. \r\n(3) A proprietor who is added as a defendant as provided in sub-section (2) shall not be \r\nmade liable for any costs in the action unless he takes part in the proceedings. \r\n(4) In infringement proceedings brought by the  proprietor of a registered trade mark any \r\nloss suffered or likely to be suffered by licensees shall be taken into account and the High Court or \r\n1[an IP Tribunal] may give such directions as it thinks fit as to the extent to which the plaintiff shall \r\nhold the proceeds of any pecuniary remedy on behalf of licensees. \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.31. \r\n \r\nPage 54 of 91 \r\n \r\n \r\n \r\n \r\n (5) The provisions of this section shall apply in relation to an exclusive licensee if or to the \r\nextent that he has, under sub-section (1) of section 78, the rights and remedies of an assignee as if he \r\nwere the proprietor of the registered trade mark. \r\n 78. Exclusive licensee having rights and remedies of assignee.___(1) An exclusive license \r\nmay provide that the licensee shall have, to such extent as may be provided by the license, the same \r\nrights and remedies in respect of matters occurring after the grant of the license as if the license \r\nhad been assignment. Where or to the extent that such provision is made, the licensee shall be \r\nentitled, subject to the provisions of the license and to the following provisions of this se ction, to \r\nbring infringement proceedings, against any person other than the proprietor, in his own name. \r\n (2) Any such rights and remedies of an exclusive licensee shall be concurrent with those \r\nof the proprietor of the registered trade mark, and references to the proprietor of a registered \r\ntrade mark in this Ordinance relating to infringement shall be construed accordingly. \r\n (3) In an action brought by an exclusive licensee by virtue of this section, a defendant may \r\navail himself of any defence which would have been available to him if the action had been brought \r\nby the proprietor of the registered trade mark. \r\n (4) Where proceedings for infringement of a registered trade mark brought by the proprietor \r\nor an exclusive licensee relate wholly or partly to an infringement in respect of which they have \r\nconcurrent rights of action, the proprietor or, as the case may b e, exclusive li censee may not,  \r\nwithout the leave of the High Court or 1[an IP Tribunal], proceed with the action unless the other is \r\neither joined as plaintiff or added as a defendant: \r\n Provided that this shall not affect the granting of interlocutory relief on an application by a \r\nproprietor or exclusive licensee alone. \r\n (5) A person who is added as a defendant as mentioned in sub-section (4) shall not be made \r\nliable for any costs in the action unless he takes part in the proceedings. \r\n (6) Where an action for infringement of a registered trade mark is brought which relates \r\nwholly or partly to an infringement in respect of which the proprietor and an exclusive li censee \r\nhave or had concurrent rights of action— \r\n (a)  the High Court or 1[an IP Tribunal] shall in assessing damages take into \r\n account___ \r\n (i)  the terms of the license; and \r\n (ii)  any pecuniary remedy already awarded or available to either of \r\n them in respect of the infringement; \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.31-32 \r\n \r\n \r\nPage 55 of 91 \r\n \r\n \r\n \r\n \r\n (b)  no account of profits shall be directed if an award of damages has been \r\nmade, or an account of p rofits has been di rected, in favour of the oth er of  \r\nthem in respect of the infringement; and \r\n(c)  the High Court or 1[an IP Tribunal]  shall if an account of profits is directed \r\napportion the profits between them as it, subject to any agreement between \r\nthem, considers just. \r\n (7) T he provisions of sub-section (6) shall apply wh ether or not the proprietor and the \r\nexclusive licensee are both parties to the action, the High Court or 1[an IP Tribunal] may give such \r\ndirections as it thinks fit as to the extent to which the party to  the proceedings shall hold the \r\nproceeds of any pecuniary remedy on behalf of the other. \r\n (8) The proprietor of a registered trade mark shall inform any exclusive licensee who has a \r\nconcurrent right of action before applying for an order under section 48, and the High Court or 1[an \r\nIP Tribunal] may, on the application of the licensee, make such order under that section as it thinks \r\nfit having regard to the license. \r\n (9) The provision of sub-sections (4) to (8) shall have effect subject to any agreement to the \r\ncontrary between the exclusive licensee and the proprietor. \r\n  79. Surrender of registered trade mark.___(1) A registered trade mark may be \r\nsurrendered by the proprietor in respect of some, or all, of goods or services for which it is \r\nregistered. \r\n (2)  Provisions may be made by rules, \r\n(a)  as to the manner and effect of a surrender; and \r\n(b)  for protecting the interests of other persons having right in the registered \r\ntrade mark. \r\n80. Grounds for invalidity of registration.___(1) The registration of a trade mark ma y be \r\ndeclared invalid on the ground that the trade mark was registered in breach of section 14 or any of \r\nthe provisions thereof. \r\n (2) Where the trade mark was registered in breach of clause (b). (c) or (d) of sub-section (1) \r\nof section 14, it shall not be declared invalid if, in consequence of the use which has been made of \r\nit, it  has after registration acquired a distinctive character in relation to t he goods or services for \r\nwhich it is registered. \r\n(3) The registration of a trade mark may be invalid on the ground that there is___  \r\n(a)  an earlier trade mark in relation to which the conditions set out in \r\nsubsection (1), (2) or (3) of section 17 obtain; or \r\n(b)  an earlier right in relation to which the condition set out in sub-section (4) of \r\nsection 17 is satisfied,  \r\n \r\n1Subs. by Act No. LVIII of 2023, s.32. \r\n \r\n \r\nPage 56 of 91 \r\n \r\n \r\n \r\n \r\nunless the proprietor of that earlier trade mark or other earlier right has consented to the registration. \r\n(4) An application for declaration of invalidity may be made by an interested party either \r\nto the Registrar or to the High Court 1[* * *], except that___ \r\n(a)  if proceedings concerning the trade mark in question are pending in the \r\nHigh Court 1[* * *], the application shall be make to the High Court 1[* * *]; \r\nand \r\n(b)  in any other case, if the application has been made to the Registrar, he may \r\nat any stage of the proceedings refer the application to the Hi gh Court 1[* * \r\n*]. \r\n (5) 1[* * * * * * *] \r\n(6) Where the grounds of invalidity exist in respect of only some of the goods or services \r\nfor whi ch the t rade mark is registered, the tr ade m ark shall be declared invalid as regards those  \r\ngoods or services only. \r\n (7) Where the registration of a trade mark has been declared invalid to any extent, the \r\nregistration shall to that extent be deemed never to have been made provided that this shall not \r\naffect the transactions past and closed. \r\n 81. Effect of acquiescence.___(1) Where the owner of an earlier trade mark, or other \r\nearlier rights, has acquiesced for a continuous period of five years from the date of registration in the \r\nuse of a registered trade mark in Pakistan, being aware of th at use, there sh all cease to be any \r\nentitlement on the basis of that earlier trade mark or other right___ \r\n(a)  to apply for a  declaration that the registration of the l ater t rade m ark is \r\ninvalid; or \r\n(b)  to oppose the use of the later trade mark in relation to the goods or \r\nservices in relation to which it has been so used, \r\nunless the registration of the later trade mark was applied for or used in bad faith. \r\n (2) Where sub-section (1) applies, the proprietor of the later trade mark shall not be entitled \r\nto oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier \r\nright, notwithstanding that the earlier trade mark or right may or longer be invoked against \r\nhis later trade mark. \r\n 82. Collective marks.___(1) A collective mark shall be a mark distinguishing the goods \r\nor services of members of the association which is the proprietor of the mark from those of  \r\nother undertakings. \r\n (2) The provisions of this Ordinance shall apply to collective marks subject to the \r\nprovisions of the First Schedule. \r\n \r\n1Omitted by Act No. LVIII of 2023, s.33. \r\n \r\nPage 57 of 91 \r\n \r\n \r\n \r\n \r\n 83. Certification marks.___(1) A certification mark shall be a mark indicating that the goods \r\nor services in connection with which it is used are certified by the proprietor of the mark in respect \r\nof o rigin, mode of m anufacture of goods or p erformance of s ervices, quality, accuracy or other \r\ncharacteristics. \r\n(2) The provision s of this O rdinance shall apply to certification marks sub ject to the \r\nprovision of the Second Schedule. \r\n \r\n 84. Domain names.___(1) A domain name shall be a mark which is a user friendly \r\nsubstitute for an Internet address. \r\n (2) The provisions of this Ordinance shall apply to domain names subject to the \r\nprovisions of the Third Schedule. \r\n \r\nCHAPTER X.___THE PARIS CONVENTION \r\n \r\n 85. Meaning of “Paris Convention” and “Convention country”.___In this Ordinance__ \r\n(a)  “Paris Convention” means the Paris Convention for the Protection of \r\nIndustrial Property of the 20th March, 1833, as revised or amended from time \r\nto time; and \r\n \r\n(b)  a “Convention country” means a country other than Pakistan which is a \r\nparty to the Paris Convention. \r\n 86. Protection of well known trade mark.___(1) Reference in this Ordinance to a trade \r\nmark which is entitled to protection as well-known trade mark shall be to a mark which is  so \r\nentitled under the Paris Convention and which is well-known in Pakistan as being the m ark of a \r\nperson who___ \r\n(a)  is a national of a Convention country; or \r\n(b)  is domiciled in, or h as a real and effective industrial or commercial \r\nestablishment in, a Convention country, whether or not that person carries on \r\nbusiness, or has any goodwill, in Pakistan and references to the proprietor of \r\nsuch a mark shall be construed accordingly. \r\n (2) For the purposes of this Ordinance, the tribunal while determining whether a trade mark \r\nis well known, without having to require registration or actual use in the form of sales of goods or \r\nservices under the trade mark in Pakistan, shall consider the following factors as relevant criteria for \r\nestablishing the well known status of the trade mark, namely:— \r\n(i)  the amount of Pakistan or worldwide recognition of the trade mark;  \r\n(ii)  the degree of inherent or acquired distinctiveness of the trade mark; \r\n(iii)  the Pakistan or worldwide duration of the use and advertising of the trade \r\nmark; \r\n(iv)  the Pakistan or worldwide commercial value attributed to the trade mark; \r\n \r\nPage 58 of 91 \r\n \r\n \r\n \r\n \r\n(v)  the Pakistan or worldwide geographical scope of the use and advertising of \r\nthe trade mark; \r\n(vi)  the Pakistan or worldwide quality and image that the trade mark has \r\nacquired; and \r\n(vii)  the Pakistan or worldwide exclusivity of use and registration attained by the \r\ntrade mark and the presence or absence of identical or deceptively s imilar \r\nthird party trade marks validly registered or used in relation to identical or \r\nsimilar goods and services. \r\n (3) The owner of a trade mark which is entitled to protection under the Paris Convention as \r\na well-known trade mark shall be entitled to restrain by injunction the use in Pakistan of a trade \r\nmark which, or the essential part of which, is identical or deceptively simil ar to the w ell-known \r\ntrade mark__ \r\n(a)  in relation to identical or similar goods or services, where the use is likely to \r\ncause confusion; or \r\n(b)  where such use causes dilution of the distinctive quality of the well-known \r\ntrade mark. \r\n (4) Rights conferred under sub-section (3) shall be subject to the provisions of section 81 \r\nand nothing in the said sub-section shall affect the continuation of any bona fide use of a trade \r\nmark begun before the commencement of this Ordinance. \r\n \r\n 87. National emblems of Convention countries.___(1) A trade mark which consist of or \r\ncontains the flag of a Convention country shall not be registered without the authorization of the \r\ncompetent authorities of that country, unless it appears to the Registrar that use of the flag in the \r\nmanner proposed is permitted without such authorization. \r\n (2) A t rade mark wh ich consist of, or  contains, the armorial bearings or any other st ate \r\nemblem of a Convention country whi ch is protected under the Paris Convention shall not be \r\nregistered without the authorization of the competent authorities of that country. \r\n (3) A trade mark which consists of, or contains, official mark or hallmark adopted by a  \r\nConvention country and indicating control and warranty shall not, where the mark or hallmark is \r\nprotected under the Paris Convention, be registered in relation to goods or services of the same, or a \r\nsimilar kind, as those in relation to which it indicates control and warranty, without the authorization \r\nof competent authorities of the country concerned. \r\n (4) The provisions of this section as to national flag and other state emblem, and o fficial \r\nmark or hallmark, shall apply equally to anything which from a heraldic point of view imitates \r\nsuch flag or other emblem, mark or hallmark. \r\n (5) Nothing in this section shall prevent the registration of a trade mark on the application of \r\nthe national of a country who  is authorized to make use of a state emblem, or o fficial mark or \r\nhallmark, of that country, notwithstanding that it is similar to that of another country. \r\n (6) Why by virtue of this section the authorization of competent authorities of a Convention \r\n \r\nPage 59 of 91 \r\n \r\n \r\n \r\n \r\ncountry is or would be required for the registration of a trade mark, those authorities shall be \r\nentitled to restrain by injunction any use of the mark in Pakistan without their authorization. \r\n 88. Emblems of certain international organizations.___(1) A trade mark which consists \r\nof or contains any such emblem, abbreviations or name which is protected under the  Paris \r\nConvention shall not be registered without the authorization of the  international o rganization \r\nconcerned, unless it is appears to the Registrar that the use of the emblem, abbreviation or name in \r\nthe manner proposed— \r\n(a)  is not such as to suggest to the public that a connection exists between the \r\norganization and the trade mark; or \r\n(b)  is not likely to mislead the public as to the extent of a connection between \r\nthe user and the organization. \r\n (2) The provisions of this section as to emblem of an international organization shall apply \r\nequally to anything which from a heraldic point of view imitates any such emblem. \r\n (3) When under this section the authorization of an international organizations is, or would \r\nbe, required for the registration of a t rade mark, that organization shall be entitled to restrain by \r\ninjunction any use of the mark in Pakistan without its authorization. \r\n (4) Nothing in this section shall affect the rights of a person whose bona fide use of the \r\ntrade mark in question began before the commencement of this Ordinance. \r\n89. Notifications under Article 6ter of the Paris Convention.___(1) For the purposes of \r\nsection 87, state emblem of a Convention country, other than the national flag, and official marks and \r\nhallmarks, shall be regarded as protected under the Paris Convention only if, or to the extent that— \r\n(a)  the country in  question has notified Pakistan in accordance with Article \r\n6ter(3) of the Paris Convention that it desires to protect that emblem, mark or \r\nhallmark;  \r\n(b)  the notification remains in force; and \r\n(c)  Pakistan has not objected to it in accordance with Article 6ter(4) of the \r\nParis Convention or any such objection has been withdrawn. \r\n (2) For the purposes of section 88, the emblems, abbreviations and names of an international \r\norganization shall be regarded as protected under the Paris Convention only if, or  to the extent \r\nthat___ \r\n(a)  the organization in question has notified Pakistan in accordance with Article \r\n6ter(3) of the  Paris Convention that it desires to protect that emblem, \r\nabbreviation and name; \r\n(b)  the notification remains in force; and \r\n(c)  Pakistan has not objected to it in accordance with Article 6ter(4) of the \r\nParis Convention or any such objection has been withdrawn. \r\n \r\nPage 60 of 91 \r\n \r\n \r\n \r\n \r\n (3) A notification under Article 6ter(3) of the Paris Convention shall have effect only in  \r\nrelation to applications for registration made more than two months after the receipt of su ch \r\nnotification. \r\n (4) The Registrar shall keep and make available for public inspection by any person, at all \r\nreasonable hours and free of charge, a list of___ \r\n(a)  the state emblems and official marks or hallmarks: and \r\n(b)  the emblems, abbreviations and names of international organizations, \r\nWhich are for the time being protected under the Paris Convention by virtue of notification \r\nunder Article 6ter(3) of the Paris Convention. \r\n 90. Acts of agent or representative.___(1) Where an application for registration of a trade \r\nmark is made by a person who is an importer, or an agent not being an agent under section 128, or a \r\nrepresentative of a person who is the proprietor of the mark in a Convention country, then___ \r\n(a)  if the proprietor opposes the application, registration shall be refused; or \r\n(b)  if the application, not being so opposed, is granted, the proprietor may___ \r\n(i)  apply for the declaration of the invalidity of the registration; or \r\n(ii)  apply for the rectification of the Register so as to substitute his name as \r\nthe proprietor of the registered trade mark. \r\n (2) The proprietor may notwithstanding the rights conferred by this Ordinance, in relation to \r\na registered trade mark, by injunction restrain any use of the trade mark in Pakistan which is \r\nnot authorised by him. \r\n (3) The provisions of sub-section (1) or (2) shall not apply if, or to extent that, the agent or \r\nrepresentative justifies his action. \r\n(4) An application under clause (a) or (b) of sub-section (1) shall be made within three years \r\nof the proprietor becoming aware of the  registration, and no injunction shall be granted under sub-\r\nsection (2) in respect of a use in which the proprietor has acquiesced for a continuous period of three \r\nyears or more. \r\n 91. Nature of goods or services to which a mark is to be applied.___For the purposes of \r\nregistration of a trade mark under this Ordinance, the nature of goods or services to which a trade \r\nmark is to be applied shall in no case form an obstacle to the registration of the trade mark. \r\n 92. Trade name.___A trade name shall be protected without the obligation of filing or \r\nregistration under this Ordinance whether it forms part of a trade mark or not. \r\n \r\n \r\n \r\n \r\nPage 61 of 91 \r\n \r\n \r\n \r\n \r\n1[CHAPTER-XA.___ \r\n \r\nINTERNATIONAL REGISTRATION OF TRADE MARKS \r\n \r\n 92A. International registration under Madrid Protocol. ___The provisions of t his Chapter \r\nshall apply to international applications and international registrations under the Madrid Protocol. \r\n \r\n 92B. Definitions.___In this Chapter, unless the context otherwise requires, ___ \r\n(i) “application”, in relation to a contracting state or a contracting organization, \r\nmeans an application made by a person wh o is a citizen of, or is domiciled in, \r\nor has a real and effective industrial or commercial establishment in, that \r\ncontracting state or a state which is a member of that contracting organization, \r\nas the case may be. \r\nExplanation.___For the purposes of this clause, “real and effective industrial or commercial \r\nestablishment” means and includes any establishment where some bona fide industrial or commercial \r\nactivity takes place and need not necessarily be the principal place of business; \r\n(ii) “basic application” means an applica tion for the reg istration of a trade mark \r\nfiled under section 22 and which is used as a basis for applying for an \r\ninternational registration; \r\n(iii) “basic registration” means the registration of a trade mark under section 33 \r\nand which is used as a basis for applying for an international registration; \r\n(iv) “common regulations” means the Common Regulations under the Madr id \r\nAgreement Concerning the International Registration of Marks and the \r\nProtocol Relating to that Agreement; \r\n(v) “contracting organization” means a contracting party that is an  inter-\r\ngovernmental organization; \r\n(vi)    “contracting party” means a contracting state or contracting organization party \r\nto the Madrid Protocol; \r\n(vii) “contracting state” means a country party to the Madrid Protocol; \r\n(viii) “designation”, with its grammatical variations, is a request for the extension of \r\nprotection under Article 3ter(1) or (2) of the Madrid Protocol, as the case may \r\nbe; it also means such extension as recorded in the International Register; \r\n(ix)  “designated contracting party” is a Contracting Party for which the extension \r\nof protection has b een requested under Article 3ter(1) or  (2) of t he Madrid \r\nProtocol, as the case may be, or in respect of which such extension has been \r\nrecorded in the international register; \r\n(x)     “international application” means an application for international registration \r\nor for extension of the protection resulting from an international registration to \r\nany contracting party made under the Madrid Protocol; \r\n  \r\n1Ins. by Act No. LVIII of 2023, s.34. \r\n \r\nPage 62 of 91 \r\n \r\n \r\n \r\n \r\n (xi)    “international bureau” means the international bureau of the world intellectual \r\nproperty organization; \r\n(xii) “international registration” m eans the registration of a trade mark in the \r\nregister of the international bureau effected under the Madrid Protocol; \r\n(xiii) “Madrid Agreement” means the Madrid Agreement Concerning the \r\nInternational Registration of Marks adopted at Madrid on the l4th day of \r\nApril, 1891, as subsequently revised and amended; \r\n(xiv) “Madrid Protoco l” means the Protocol relating to the Madrid Agreement \r\nConcerning the International Registration of Marks adopted at Madrid on the \r\n27th day of June, 1989, as amended from time to time; and \r\n(xv) “office of origin” means the office through the intermediary o f which the \r\ninternational application is filed in accordance with Article 2(2) of the Madrid \r\nProtocol. \r\n92C. Trade Marks Registry to deal with international applications .___An international \r\napplication shall be dealt with by the Trade Marks Registry or such  branch offices of the Registry, as \r\nthe Organization may specify. \r\n92D. International application ori ginating from Pakistan .___(1) Where an application for \r\nregistration of a trade mark has been made under section 22 or a trade mark has been registered \r\nunder section 33, the applicant or the registered proprietor may make an international application on \r\nthe form prescribed by the Common Regulations for international registration of that trade mark. \r\n(2) A person holding an international registration may make an  international application on \r\nthe form prescribed by the Common Regulations for extension of the protection resulting from such \r\nregistration to any other contracting party. \r\n(3) An international application under sub -section (1) or sub -section (2) shall des ignate the \r\ncontracting parties where the protection resulting from the international registration is required. \r\n(4) The Registrar shall certify in the prescribed manner that the particulars appearing in the \r\ninternational application correspond to the partic ulars appearing, at the time of the certification, in \r\nthe application under section 22 or the registration under section 33, and shall indicate the date and \r\nnumber of that application or the date and number of that registration as well as the date and numb er \r\nof the application from which that registration resulted, as the case may be, and shall within the \r\nprescribed period, forward the international application to the international bureau for registration, \r\nalso indicating the date of the international application. \r\n92G. Duration and renewal of international registration. ___(1) The international \r\nregistration of a trade mark at the international bureau shall be for a period of ten years and may be \r\nrenewed for a period of ten years from the expiry of the preceding period. \r\n(2) Subject to payment of a surcharge prescribed by the rules, a grace peri od of six \r\nmonths shall be allowed for renewal of the international registration. \r\n \r\nPage 63 of 91 \r\n \r\n \r\n \r\n \r\n92H. Transformation.___The date of filing of an application for the registration of a tra de \r\nmark made to the Registrar in accordance with Article 9 quinquies of the Madrid Protocol shall be \r\nthe date of the cancelled international registration and, if the international registration enjoyed the \r\nright of priority, the application shall enjoy the same priority. \r\n92I. Extracts from the international register .___(1) Extracts from the international register \r\nissued by the international bureau shall be exempt from any legalization in Pakistan. \r\n(2) In all legal proceedings relating to a trade mark in an i nternational registration in which \r\nPakistan is a designated contracting party, the fact that a person is recorded as proprietor thereof in \r\nthe international register shall be prima facie evidence of the validity of the international registration \r\nof the trade mark and of all subsequent assignments and transmissions thereof.] \r\nCHAPTER XI.___SPECIAL PROVISIONS FOR TEXTILE GOODS \r\n 93. Textile goods.___The 1[administrative division] shall prescribe classes of goods, in this \r\nChapter referred to as textile goods, to the trade marks used in relation to which the provisions of this \r\nChapter shall apply, and subject to the said provisions, the other provisions of this Ordinance shall \r\napply to such trade marks as they apply to trade marks used in relation to other classes of goods. \r\n 94. Restrictions on registration of textile goods.___(1) In respect of textile goods, b eing \r\npiece goods___ \r\n(a)  no m ark consisting of a line h eading alone shall be registerable as a  trade \r\nmark; \r\n(b)  a line heading shall not be deemed to be adapted to distinguish; and \r\n(c)  the registration of a trade mark shall not give any exclusive right to the use \r\nof a line heading. \r\n (2) In respect of any textile goods, the registration of letters or numerals, or any \r\ncombination thereof, shall be subject to such conditions and restrictions as may be prescribed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 35. \r\n \r\nPage 64 of 91 \r\n \r\n \r\n \r\n \r\n 95. Advisory Committees.___(1) The 1 [administrative division] may, in such manner, as \r\nmay be prescribed, constitute one or more Advisory Committees of persons well versed in the \r\nusages of the textile trade for the purposes of this Chapter. \r\n (2) The Registrar shall consult any s uch Advisory Committ ee with respect to any \r\ncircumstances peculiar to the textile trade arising on an application to register a trade mark in respect \r\nof textile goods. \r\n (3) The place of meeting and the conduct of business of any such Advisory Committee shall \r\nbe determined as may be prescribed. \r\nCHAPTER XII.___RECTIFICATION AND CORRECTION OF THE \r\nREGISTER \r\n 96. Rectification or correction of Register.___(1) Any person having a sufficient \r\ninterest may apply for the rectification of an error or omission in the Register: \r\nProvided that an application for rectification may not be made in respect of a matter \r\naffecting the validity of the registration of a trade mark. \r\n (2) An application for rectification may be made to the Registrar, except that___ \r\n(a) if proceedings concerning the trade mark in question are pending in the High \r\nCourt or 1[an IP Tribunal], the application shall be made to the High Court or \r\n1[an IP Tribunal]; and \r\n(b) in case the application is made to the Registrar, he may at  any stage  of the \r\nproceedings refer the application to the High Court or 1[an IP Tribunal]. \r\n (3) Except where the Registrar or the High Court or 1[an IP Tribunal ] directs otherwise, the \r\neffect of rectification of the Reg ister shall be that the error or  omission in question shall be deemed \r\nnever to have been made. \r\n(4) The Registrar may, on application made in such manner, as may be prescribed, by the proprietor \r\nof the registered trade mark, or a licensee, enter any change in his name  or address as recorded in the \r\nRegister. \r\n 97. Adoption of entries to new classification. ___(1) The Registrar may, if he considers  it \r\nnecessary, implement any amended or substituted classification of goods or services for the purposes \r\nof the registration of trade marks as may be prescribed. \r\n (2) The existing entries on the Register may be amended to record any new classification as \r\nmay be prescribed. \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.36-37. \r\n \r\nPage 65 of 91 \r\n \r\n \r\n \r\n \r\n (3) Any such power of amendment referred to in sub -sections (2) and (3), shall not be \r\nexercised so as to extend the rights conferred by the registration except where it appears to the \r\nRegistrar that compliance with this requirement would involve und ue complexity and that any \r\nextension would not be substantial and would not adversely affect the rights of any person. \r\n (4) The Registrar may,___ \r\n(a)  require the proprietor of a registered trade mark, within such time as may be \r\nprescribed, to file a proposal for amendment of the Register; and \r\n(b)  cancel or refuse to renew the registration of the trade mark in the event of his \r\nfailing to do so. \r\n (5) Any proposal, referred to in sub -section (4), shall be advertised and may be opposed in \r\nsuch manner as may be prescribed. \r\nCHAPTER XIII.___OFFENCES, PENALTIES AND PROCEDURE \r\n 98. Meaning of applying a trade description. ___(1) A person shall be deemed to apply a \r\ntrade description to goods or services who___ \r\n(a)  applies a trade description to the goods themselves o r uses it in relation to \r\ngoods or services; \r\n(b)  applies a trade description to any package in or with which the goods are sold, \r\nor exposed for sale, or had in possession for sale or for any purpose of trade o r \r\nmanufacture; \r\n(c)  places, encloses or annexes  any goods which are sold or exposed for sa le, or \r\nhad in possession for sale or for any purpose of trade or manufacture in or \r\nwith any package or other thing to which a trade description has been applied; \r\n(d)  uses a trade description in any manner reasona bly likely to lead to the belief \r\nthat the goods or services in connection with which it is used are designated or \r\ndescribed by that trade description; or \r\n(e)  in relation to the goods or services uses a trade description in any sign, \r\nadvertisement, invoice , catalogue, business letter, price list or other \r\ncommercial documents, and goods are delivered or services are rendered to a \r\nperson in pursuance of a request or order made by reference to the trade \r\ndescription as so used. \r\n (2) A trade description shall be  deemed to be  applied to goods whether it is woven in, \r\nimpressed on, otherwise worked into, or annexed or affixed to, the goods or to any packaging or \r\nother thing. \r\n 99. Penalty for applying false trade description, etc.___Any person who___ \r\n(a)  applies any false trade description to goods or services; ___ \r\n \r\nPage 66 of 91 \r\n \r\n \r\n \r\n \r\n(b)  applies to any goods to which an indication of the country or place in which \r\nthey were made or produced or the name and address of manufacturer or \r\nperson for whom the  goods are manufactured is required to be  applied under \r\nsection 126, a false indication of such country, place, name or address; \r\n(c)  tampers with, alters or effaces an indication of origin which has been applied \r\nto any goods to which it is required to be applied under section 126; or \r\n(d)  causes any of the aforementioned things to be done, \r\n \r\nshall, unless he proves that he acted without intent to defraud, be punished with imprisonment of \r\neither description for a term which shall not be less than three months but which may extend to two \r\nyears, or with fine which shall not be less than fifty thousand rupees, or with both. \r\n 100. Enhanced penalty on s econd or subsequent convictions .___Whoever having already \r\nbeen convicted of an offence under section 99 is again convicted of any such offence shal l be \r\npunished for the second and every subsequent offence with imprisonment of either description for a \r\nterm which shall not be less than six months but which may extend to three years, or with fine which \r\nshall not be less than one hundred thousand rupees, or with both. \r\n101. Penalty for falsification of entries in Register .___Any person who makes, or causes to \r\nbe made, a false entry in the Register, or a writing falsely purporting to be a copy of an entry in the \r\nRegister, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, \r\nknowing the entry or writing to be false, he shall be punishable with imprisonment for a term which \r\nshall not be less than three months but which may extend to two years, or with fine which shall not  \r\nbe less than fifty thousand rupees, or with both. \r\n102. Penalty for falsely representing  a trade mark as registered .___(1) No person shall \r\nmake any representation— \r\n(a)  with respect to a mark not being a registered trade mark, to the effect that it is \r\na registered trade mark; \r\n(b)  with respect to a part of a registered trade mark not being a part separately \r\nregistered as a trade mark, to the effect that it is separately registered as a trade \r\nmark; \r\n(c)  to the effect that a registered trade mark is registere d in respect of any goods \r\nor services in respect of which it is not, in fact, registered; or \r\n(d)  to the effect that the registration of a trade mark gives an exclusive right to the \r\nuse thereof in any circumstances in which, having regard to limitations entered \r\non the Register, the registration does not, in fact, give that right. \r\n(2) If any person contravenes any of the provisions of sub -section (1), he shall be punishable \r\nwith imprisonment for a term which shall not be less than one month but which may ext end to six \r\nmonths, or with fine which shall not be less then twenty thousand rupees, or with both. \r\n(3) For the purposes of this section, the use in Pakistan in relation to a trade mark of the word \r\n“registered”, or of any other expression referring whether expressly or impliedly to registration, shall \r\nbe deemed to import a reference to registration in the Register, except___ \r\n \r\nPage 67 of 91 \r\n \r\n \r\n \r\n \r\n(a)  where that word or other expression is used in direct association with other \r\nwords delineated in characters at least as large as those in which that word or \r\nother expression is delineated and indicating that the reference is to \r\nregistration as a trade  mark under the laws of a country  other than Pakistan, \r\nbeing a country under the laws of which the registration referred to is, in fac t, \r\nin force; \r\n(b)  where that other expression is of itself such as to indicate that the reference is \r\nto such registration as is mentioned in clause (a); or \r\n(c)  where that word is used in relation to a mark registered as a trade mark under \r\nthe laws of a co untry other than Pakistan and in relation solely to goods or \r\nservices to be exported to that country. \r\n(4) The Registrar may, either suo moto or upon a complaint in writing made to him, call upon \r\nany person who is allegedly contravening any of the provision s of clauses (a) to (d) of sub -section \r\n(1) to show cause as to why action should not be taken against him: \r\nProvided that power of the Registrar shall be limited to the imposition of fine as provided \r\nunder sub-section (2) or, if pending, to refusal of appli cation for registration of the trade mark, or if \r\nthe trade mark is registered, to inval idation of the registration, or  any combination thereof, as the \r\ncase may be. \r\n103. Restraint of use of Government Arms and State emblems.___If a person, without due \r\nauthority, uses in connection with any trade, business, calling or profession___ \r\n(a)  the flag of Pakistan in such manner as to be misleading; \r\n(b)  Government Arms or arms so closely resembling the same as to be calculated \r\nto deceive, in such manner as to be ca lculated to lead to the belief that he is \r\nduly authorised so to use the Government Arms; \r\n(c) name, title and semblance of Quaid-i-Azam Mohammad Ali Jinnah or Allama \r\nDr. Mohammad Iqbal or any variations thereof, or any device, emblem or title \r\nin such manner as to be calculated to lead to the belief that he is employed by, \r\nor supplies goods to, or is connected with, the Federal Government or any \r\nProvincial Government or any department of any such Government; or \r\n(d)  the emblem, the official seal and the name or any abbreviation of the name of \r\nthe United Nations or any subsidiary body set upon by the United Nations or \r\nof the World Health Organization or of the World Intellectual Property \r\nOrganization or of the World Trade Organization in such manner as is to be  \r\ncalculated to lead to the belief that he is duly authorized by the competent \r\nauthorities of these organizations to use the emblem, seal or name,   \r\nhe, may, at the suit of the Registrar or of any  person who is authorized to use  such Arms, \r\ndevice, emblem or title, be restrained by injunction from continuing so to use the same; \r\n \r\nPage 68 of 91 \r\n \r\n \r\n \r\n \r\nProvided that noting in this section shall be construed as affecting the right, if any, of the \r\nproprietor of a trade mark containing such Arms, device, emblem or title to continue to use such \r\ntrade mark. \r\n104. Offences by companies.___(1) If the person committing an offence under this Ordinance \r\nis a company, the company as well as every person in charge of, and  responsible to, the company for \r\nthe conduct of its business at the time of th e commission of the offence shall be deemed to be guilty \r\nof the offence and shall be liable to be proceeded against and punished accordingly: \r\nProvided that nothing contained in this sub -section shall render any such person liable to any \r\npunishment if he pr oves that the offence was committed without his knowledge or that he exercised \r\nall due diligence to prevent the commission of such offence. \r\n(2) Notwithstanding anything contained in sub -section (1), where an offence has been \r\ncommitted by a company and it i s proved that the offence has been committed with the consent or \r\nconnivance of, or that the commission of the offence is attributable to any neglect  on the part of any \r\ndirector, manager, secretary or other officer of the company, such director, manager, se cretary or \r\nother officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded \r\nagainst and punished accordingly. \r\nExplanation.—For the purposes of this section___ \r\n(a)  “company” means any body corporate and includes a partner ship, firm or \r\nother association of individuals; and \r\n(b)  “director” in relation to a firm, means a partner in the firm. \r\n105. Powers to award compensation for offences .___(1) In any prosecuti on under this \r\nOrdinance, the High Court o r 1[an IP Tribunal] may, when passing a sentence of fine, direct that an \r\namount not exceeding fifty per  cent of the fine imposed by it but commensurate with the loss \r\nsuffered by the party shall be paid as compensation to the person whose right has been infringed or to \r\nthe heirs or legal representatives of such person. \r\n(2) The payment of any compensation to any person under sub -section (1), shall be without \r\nprejudice to his right to any claim in a suit or other proceedings which may be instituted, or may be \r\npending in the High Court or 1[an IP Tribunal], in relation to the same matter. \r\n106. Punishment of ab etment in Pakistan of acts done out of Pakistan .___If any person, \r\nbeing within Pakistan, abets the commission, without Pakistan of any act which, if committed in \r\nPakistan, would, under this Ordinance, be an offence, he may be tried for such ab etment in any place \r\nin Pakistan in which he may be found and be punished therefor with the punishment to which he \r\nwould be liable if he had himself committed in that place the act which he abetted. \r\n107. Penalty for improperly describing a place of business as connected with the Trade \r\nMarks Registry.___If any person uses his place of business, or on any document issued by him, or \r\notherwise, words which would reasonably lead to the belief that his  place of business is, or is \r\nofficially connected with, the Trade Marks Registry, he shall be guilty of an offence punishable with \r\nimprisonment for a term which may extend to two years, or with fine, or with both. \r\n1Subs. by Act No. LVIII of 2023, s. 38. \r\n \r\nPage 69 of 91 \r\n \r\n \r\n \r\n \r\nCHAPTER XIV.___MISCELLANEOUS AND GENERAL PROVISIONS \r\n 108. Power of Registrar to require use of forms. ___(1) The Registrar may require the use of \r\nsuch forms as he may direct for any purpose relating to the registration of a trade mark or any  other \r\nproceedings before him under this Ordinance. \r\n (2) The forms and any directions of the Registrar with respect to their use shall be notified in \r\nthe manner as may be prescribed. \r\n 109. Information about applications and registered trade marks.___(1) After publication \r\nof an application for registration of a trade mark the Registrar shall on request provide a person with \r\nsuch information and permit him to inspect such documents relating to the application, or to any \r\nregistered trade mark resulting from it, as may be specif ied in the request , subject to such \r\nrestrictions, as may be prescribed. \r\n (2) Any request under sub -section (1) shall be made in the prescribed manner and be \r\naccompanied by the prescribed fee. \r\n (3) Before publication of an application for registration of a trade mark, document or \r\ninformation constituting or relating to the application shall not be published by the Registrar or \r\ncommunicated by him to any person except___ \r\n(a)  in such cases and to such extent as may be prescribed; or \r\n(b)  with the consent of the applicant,  \r\n \r\nbut subject to the provisions of sub-section (4). \r\n (4) Where a person has been informed that an application for registration of a trade mark has \r\nbeen made, and that the applicant will if the application is granted bring proceedings against him in \r\nrespect of acts done after publication of the application, he may make a request under sub -section (1) \r\nnotwithstanding that the application has not been published and that sub -section shall apply \r\naccordingly. \r\n 110. Costs, security for costs  and fine.___(1) Provisions may be made by rules  empowering \r\nthe Registrar, in any proceedings before him under this Ordinance___ \r\n  (a)  to award any party such costs as he may consider reasonable; \r\n(b)  to impose fine as he may consider reasonable; and \r\n(c)  to direct how and by whom costs or fines shall be paid. \r\n (2) Any such order of the Registrar may be executable in the same way as a decree of a \r\nCivil Court. \r\n \r\n \r\n \r\n  \r\n \r\nPage 70 of 91 \r\n \r\n \r\n \r\n \r\n (3) Provisions may be made by rules empowering the Registrar, in such cases as may be \r\nprescribed, to require a party to proceedings before him to give security for  costs in relation to those \r\nproceedings or to proceedings on appeal and as to the consequences if security is not given. \r\n 111. Procedure before the Registrar. ___(1) In all proceedings under this  Ordinance before \r\nthe Registrar— \r\n(a)  the Registrar  shall have all the powers of a Civil Court for the  purposes of \r\nreceiving evidence, administering oaths, enforcing the attendance of \r\nwitnesses, compelling the discovery and production of documents, issuing  \r\ncommissions for the examination of witnesses and granting a certificate of \r\ncontested validity; \r\n1[(b)  evidence, shall be given by affidavit.]  \r\n (2)  The Registrar shall not exercise any powers vested in him by this Ordinance or the \r\nrules made thereunder adversely to any party duly appearing before him, if required in writing within \r\nthe prescribed time so to do, without giving such party an opportunity of being heard. \r\n112. Certificate of validity of contested registration. ___If in any legal proceedings in which \r\nthe validity of the registration of a trade mark comes into question and a decision is given in favour \r\nof the proprietor of the trade mark, the tribunal may grant a certificate to that effect, and if such a \r\ncertificate is granted, then in any subsequent legal proceedings in which the said validity comes into \r\nquestion, the said proprietor on obtaining a final order or judgment in his favour shall, unless the said \r\nfinal order or judgment for sufficient reason directs otherwise, be entitled to his full costs, charges \r\nand expenses as between legal practitioner and client. \r\n \r\n 113. Registrar's appearance in proceedings involving the Register .___(1) In all \r\nproceedings before the Court involving application for___ \r\n \r\n(a) the revocation of the registration of a trade mark; \r\n \r\n(b)  a declaration of the invalidity of the registration of a trade mark; or \r\n \r\n(c)  the rectification of the Register  \r\n \r\nthe Registrar shall be entitled to appear and be heard and shall appear if so directed by the High \r\nCourt. \r\n(2) Unless otherwise directed by the High Court, the Registrar may instead of appearing \r\nsubmit to the High Court a statement in writing signed by him, giving particulars of___ \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.39. \r\n \r\nPage 71 of 91 \r\n \r\n \r\n \r\n \r\n(a)  any proceedings before him in relation to the matter in issue;  \r\n(b)  the grounds of any decision given by him affecting it; \r\n(c)  the practice of the Trade Marks Registry in like cases; or \r\n(d)  such matters relevant to the issues and within his knowledge as Registrar as he \r\nthinks fit. \r\nand the statement shall be deemed to form part of the evidence in the proceedings. \r\n (3) Anything which the Registrar is or may be authorized or require to do under this \r\nsection may be done on his behalf by a duly authorized officer by him. \r\n 114. Appeal against the decision of th e Registrar. ___(1) Save as otherwise expressly \r\nprovided in this Ordinance, an appeal shall lie, within the prescribed period, against any decision of \r\nthe Registrar under this Ordinance or rules made thereunder to the High Court having jurisdiction: \r\n Provided that if any suit or other proceedings concerning the trade make in question is \r\npending before the High Court or 1[an IP Tribunal] , the appeal shall lie to that High Court, as the \r\ncase may be, to the High Court within whose jurisdiction that 1[IP Tribunal] is situated.   \r\n (2) In an appeal by an applicant for registration against a decision of the Registrar under \r\nsection 21, 22 or 28, it shall not be open, save with the express permission of the High Court, to the \r\nRegistrar or any party opposing the appeal  to advance grounds other  than those recorded in the said \r\ndecision or advanced by the party in the proceedings before the Registrar, as the case may be, and \r\nwhere any such additional grounds are advanced, the applicant for registration may,  on giving notice \r\nin the prescribed  manner, withdraw his application without being liable to pay the costs of  the \r\nRegistrar or the parties opposing his application. \r\n (3) Subject to the provisions of this Ordinance and of rules made thereunder, the provisions \r\nof the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to appeal before the High Court or \r\n1[an IP Tribunal] under this Ordinance. \r\n 115. Procedure before the Federal Government.___In all proceedings under this Ordinance \r\nbefore the Federal Government , evidence shall be given by affidavit, provided that the Federal \r\nGovernment may, if it thinks fit, take oral evidence in lieu of, or in addition to , such evidence by \r\naffidavit, and shall for that purpose have all the powers of a Civil Court referred to in clause (a ) of \r\nsection 111. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s.40. \r\n \r\nPage 72 of 91 \r\n \r\n \r\n \r\n \r\n 116. Procedure in certain cases of option to apply to the High Court, a District Court or \r\nthe Registrar.___Where under this Ordinance, an applicant  has the option of making an application  \r\neither to the High Court 1[IP Tribunal] or to the Registrar___ \r\n(a)  if any suit or proceedings concerning the trade mark in question are p ending \r\nbefore the High Court 1[IP Tribunal], the application shall be made to the High \r\nCourt or, as the case may be, the 1[IP Tribunal]: and \r\n(b)  in any other case, if the application is made to the R egistrar, he may at any \r\nstage of the proceedings refer the application to the High Court 1[IP Tribunal]. \r\n 117. Suits for infringement to be instituted before 1[IP Tribunal] .___No suit for the \r\ninfringement of a trade mark or otherwise relating to any right in a trade mark shall be instituted in \r\nany Court 1[except an IP Tribunal] having jurisdiction to try the suit. \r\n 118. Costs of Registrar in proceedings before the High Court or 1[an IP Tribunal] .___In \r\nall proceedings under this Ordinance before the High Court or 1[an IP Tribunal] , the costs of the \r\nRegistrar shall be in the discretion of the High Court or, as the case may be, the 1[IP Tribunal], but \r\nthe Registrar shall not be ordered to pay the costs of any of the parties. \r\n 119. Burden of proving use of trade mark. ___If in any civil proceedings under this \r\nOrdinance, if a question arises as to the use to which a registered trade mark has been put, it shall be \r\nfor the proprietor to show what use has been made of it. \r\n 120. Certain persons to be public servants. ___Every person appointed under this Ordinance \r\nshall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, \r\n1860 (Act XLV of 1860). \r\n 121. Documents open to public inspection .___(1) Save as otherwise provided in this  \r\nOrdinance___ \r\n(a)  the Register and any document upon which any entry in the Register is based; \r\n(b)  every notice of opposition to the registration of a trade mark, application for \r\nrectification before the Registrar , counter-statement thereto, and any affidavit \r\nor documents filed by the parties in any proceedings before the Registrar; \r\n(c)  such other documents as the Registrar may, by notification in the Journal \r\nspecify, shall su bject to such conditions as may be prescribed, be open to \r\npublic inspection at the Trade Marks Registry. \r\n (2)  Any person may, on an application to the Registrar and on payment of such fees as may \r\nbe prescribed, obtain a certified copy of any entry in the Register or any document referred to in sub-\r\nsection (1). \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 41-43. \r\n \r\nPage 73 of 91 \r\n \r\n \r\n \r\n \r\n 122. Death of a party to any proceedings under this Ordinance. ___If a person who is a \r\nparty to any proceedings under this Ordinance, not being any proce edings before the High Court or \r\n1[an IP Tribunal] , dies pending the proceedings, the Registrar may, on request, and on proof to his \r\nsatisfaction of the transmission of the interest of the deceased person, substitute in the proceedings \r\nhis successor in interest in his place, or if the Registrar is of opinion that the interest of the deceased \r\nperson is sufficiently represented by the surviving parties, permit the proceedings to continue without \r\nthe substitution of his successor in interest. \r\n 123. Extension of time.___(1) If the Registrar is satisfied, on application made to him  in the \r\nprescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending \r\nthe time for doing any act not being a time expressly provided in this Ordinance, whether the time so \r\nspecified has expired or not, he may subject to such conditions as he may think fit to impose, extend \r\nthe time and inform the parties accordingly. \r\n (2) Nothing in sub -section (1)  shall be deemed to require the Registrar to hear th e parties \r\nbefore disposing of an application for extension of time and no appeal shall lie from any order of the \r\nRegistrar under this section. \r\n 124. Registrar and other officers not compellable to produce Register, etc. ___The \r\nRegistrar or any officer of th e Trade Marks Registry shall not, in any legal proceedings to which he \r\nis not a party, be compellable to produce the Register or any other document in his custody the \r\ncontents of which can be proved by the production of a certified copy issued under this O rdinance or \r\nto appear as a witness to prove the matters therein recorded unless by order of the High Court or 1[an \r\nIP Tribunal] made for special case. \r\n 125. Power to require goods to show indication of origin.___(1) The Federal Government \r\nmay, by notificat ion in the official Gazette, require that goods of any description specified in the \r\nnotification, which are made o r produced beyond the limits of Pakistan and imported into Pakistan, \r\nor which are made or produced within the limits of Pakistan, shall from s uch date as may be \r\nappointed by the notification not being less than three months from its issue, have applied to them an \r\nindication of the country or place in which they were made or produced, and of the name and address \r\nof the manufacturer or the person for whom the goods were manufactured. \r\n (2) The notification under sub -section (1) may specify the manner in which such indication \r\nshall be applied, that is to say whether to goods themselves or in any other manner and the times or \r\noccasions on which the presence of the indication shall be necessary, that is to say, whether on \r\nimportation only, or also at the time of sale, whether by wholesale or retail or both. \r\n (3) The provisions of section 23 of the General Clauses Act, 1897 (X of 1897), shall apply to \r\nthe issue of a notification under sub -section (1), as they apply to the making of a rule or bye -law the \r\nmaking of which is subject to the condition of previous publication. \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, ss. 44-45. \r\n \r\nPage 74 of 91 \r\n \r\n \r\n \r\n \r\n (4) A notification under sub -section (1), shall not apply to goods made or produced beyond \r\nthe limits of Pakistan and imported into Pakistan, if in respect of those goods the 1[Director General, \r\nIPR (Enforcement), Director. IPR (Enforcement) or Collector of Customs or any competent authority \r\nunder the Custom Act, 1969 (IV of 1969)]  is satisfied at the time of importation that they are \r\nintended for exportation whether after transhipment in or transit through Pakistan or otherwise. \r\n 126. Address for service. ___(1) Every applicant or opponent in  any proceedings under this \r\nOrdinance, who does not reside or carry on business within Pakistan, shall give an address for \r\nservice in Pakistan and such address may be treated as the actual address of that person for all \r\npurposes connected with the proceedings in question. \r\n (2) The address for service shall be deemed to be address of the applicant or the opponent and \r\nall documents in relation to the application or notice of opposition may be served by leaving them at \r\nor sending them by registered post to the  address of service of the applicant or opponent, as the case \r\nmay be. \r\n1[(3) An application filed under Madrid Protocol for international registration of marks shall \r\nbe subject to such conditions as may be prescribed.] \r\n 127. Trade mark agents. ___(1) Where b y or under this Ordinance any act, other than  the \r\nmaking of an affidavit, is required to be done by any person, the act may, subject to such conditions  \r\nas may be prescribed, be done, in lieu of by that person himself, by duly authorised agent who se is \r\nregistered with the Trade Marks Registry in the prescribed manner as a trade mark agent. \r\n (2) The Federal Government may, by notification in the official Gazette, make rules for \r\nproviding qualifications, registration and conduct of trade mark agents. \r\n 128. Fees.___(1) There shall be paid in respect of applications and registration and  other \r\nmatters under this Ordinance such fees as may be prescribed. \r\n (2) Provisions may be made by rules for___ \r\n(a) the payment of a single fee in respect of two or more matters; and \r\n(b) the circumstances if any in which a fee may be repaid or remitted. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. and added by Act No. LVIII of 2023, s.46-47. \r\n \r\nPage 75 of 91 \r\n \r\n \r\n \r\n \r\n 129. The Federal Government and a Provincial Government to be bound. ___The \r\nprovisions of this  Ordinance shall be binding on  the Federal Government and 1[Provincial \r\nGovernments]. \r\n 130. Power to make reciprocal arrangements with any other Government.___Without \r\nprejudice to the provisions of Articles 3 and 4 of the Agreement on Trade Related Aspects of \r\nIntellectual Property Right s. 1994, the Federal Government may, by notification  in the official \r\nGazette, enter into reciprocal arrangements with other Governments for the purpose of this \r\nOrdinance. \r\n 131. Power of the High Court to make rules. ___The High Court may make rules consiste nt \r\nwith the provisions of this Ordinance as to the conduct and procedure of all proceedings under this \r\nOrdinance before it. \r\n 132. Power of the Federal Government to make rules.___(1) The Federal Government may, \r\nsubject to the condition of previous publication, by notification in the official Gazette, make rules for \r\ncarrying out the purposes of this Ordinance. \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:___  \r\n(i)  the matters to be included in the Register under sub-section (1) of section 10; \r\n(ii)  conditions and restrictions subject to which the Register shall be open to the \r\ninspection of the public under sub-section (5) of section 10; \r\n(iii)  classification of goods and services in accordance with the international \r\nclassification of goods and services under sub-section (1) of section 12; \r\n(iv)  publication of alphabetical index of classification of goods and services under \r\nsub-section (2) of section 12; \r\n(v)  the manner in which the Registrar may notify a word as an international non-\r\nproprietary name under section 16; \r\n(vi)  the manner of making an  application for registration of a trade  mark under \r\nsub-section (1) of section 22; \r\n(vii)  the manner and perio d for making a Convention application under clause (b) \r\nof sub-section (2) of section 25; \r\n(viii)  the matters related to the manner of claiming a  right to priority on the basis of \r\na Convention application under sub-section (7) of section 25; \r\n(ix)  conditions for grant of temporary protection in respect of goods or services \r\nduring exhibition under sub-section (4) of section 26; \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s. 48. \r\n \r\nPage 76 of 91 \r\n \r\n \r\n \r\n \r\n(x)  the manner of giving notice to the Registrar under sub -section (2) of section \r\n28 for o pposing an application for registration advertised or re -advertised \r\nunder sub-section (1) of section 28 and the fee payable for such application, \r\nmaking an application for extension of time under sub -section (2) of section \r\n28 and the fee payable for such application; \r\n(xi)  the manner of serving a copy of the notice on the applicant, an application for \r\nextension of time under sub -section (4) of section 28 and the fee payable for \r\nsuch application, sending a counter -statement of the grounds and fee payable \r\nfor such application; \r\n(xii)  the manner of serving a copy of the counter -statement on the opponent, an \r\napplication for extension of time under sub -section (5) of section 28 and the \r\nfee payable for such application, sending a rejoinder to the Registrar; \r\n(xiii)  the manner of sending a copy of the rejoinder to the applicant under sub -\r\nsection (6) of section 28; \r\n(xiv)  the manner of submitting any evidence under sub-section (7) of section 28 and \r\ntime limit for submitting such evidence; \r\n(xv)  the manner of permitti ng correction of any error in, or any amendment of, a \r\nnotice of opposition, a counter -statement, or a rejoinder under sub -section (9) \r\nof section 28; \r\n(xvi)  the manner of notifying the Registrar under sub -clause (i) of clause (b) of \r\nsection 30; \r\n(xvii)  the time within which an application shall be registered  under sub-section (1) \r\nof section 33; \r\n(xviii)  the fee payable and the time within which such fee is payable under sub -\r\nsection (2) of section 33; \r\n(xix)  the manner of publication of the registration and t he form of certificate of \r\nregistration under sub-section (4) of section 33; \r\n(xx)  the manner of giving notice under sub-section (5) of section 33; \r\n(xxi)  the manner of informing the proprietor of a registered trade mark of the date of \r\nexpiry within which t he registration may be renewed under sub -section (2) of \r\nsection 35; \r\n(xxii)  the further period in which additional renewal fee shall be paid under sub -\r\nsection (3) of section 35: \r\n(xxiii)  the manner and conditions for restoration of the registration which h as been \r\nremoved from the Register under sub-section (6) of section 35; \r\n(xxiv)  the matter related to the publication of alteration and the making of objections \r\nby any person claiming to be affected by it under sub-section (3) of section 37; \r\n \r\nPage 77 of 91 \r\n \r\n \r\n \r\n \r\n(xxv)  the matters related to manner and effect of a surrender, and for protecting the \r\ninterests of other persons having a right in the registered trade mark under sub-\r\nsection (2) of section 38; \r\n(xxvi)  the time period within which the applicant, by notice in writing to the \r\n1[Director General, IPR (Enforcement), Director, IPR (Enforcement) or \r\nCollector of Customs or any competent authority under the Custom Act, 1969 \r\n(IV of 1969)] , consents to the release of the goods under clause (a) of sub -\r\nsection (2) of section 59; \r\n(xxvii)  the particulars of the transaction which are to be entered in the Register under \r\nsub-sections (1) and (3) of section 70; \r\n(xxviii) the matters specified in sub-sections (4) and (5) of section 70; \r\n(xxix)  the manner of making application and the fee pay able for such application \r\nunder sub-section (4) of section 72; \r\n(xxx)  the classes of goods under section 93; \r\n(xxxi)  the conditions and restrictions subject to which registration of letters or \r\nnumerals, or any combination thereof in respect of textile good s may be \r\nallowed under sub-section (2) of section 94; \r\n(xxxii)  the manner of constituting one or more Advisory Committees under sub -\r\nsection (1) of section 95, and matters related to the place of meeting and \r\nconduct of business of such Committees under sub-section (3) of that section; \r\n(xxxiii) the manner of making an application under sub-section (4) of section 96;  \r\n(xxxiv) the matters relating to the empowering the Registrar to do such things as he  \r\nconsiders necessary to implement any amended or substituted  classification of \r\ngoods or services for the purposes of the registration of trade marks under sub-\r\nsection (1) of section 97; \r\n(xxxv)  the time within which a proposal for amendment could be mad e under clause \r\n(a) of sub-section (4) of section 97; \r\n(xxxvi) the manner of opposition under sub-section (5) of section 97; \r\n(xxxvii) the manner of notification of the forms and any directions of the Registrar \r\nwith respect to their use under sub-section (2) of section 108; \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s. 49. \r\n \r\nPage 78 of 91 \r\n \r\n \r\n \r\n \r\n(xxxviii) the restrictions imposed, manner of making application and fee payable \r\nunder sub-section (1) of section 109; \r\n(xxxix) the cases and extent to which application for registration of a trade mark, \r\ndocuments or information constituting or relating to the application may be \r\npublished by the Registrar or communicated by him to any person under sub -\r\nsection (3) of section 109; \r\n(xl)  the matters related to empowering the Registrar for the purposes of sub -\r\nsection (1) of section 110; \r\n(xli)  the matters related to  empowering the Registrar to require a party to \r\nproceedings before  him to give security for costs, in relation to those \r\nproceedings or to proceedings on appeal, and as to the consequences if \r\nsecurity is not given under sub-section (3) of section 110; \r\n(xlii)  the period within which an appeal from any decision of the Registrar under \r\nthis Ordinance or rules made thereunder may lie to the High Court or 1[* * *] \r\nhaving jurisdiction under sub-section (1) of section 114; \r\n(xliii)  the manner of giving notice under sub-section (2) of section 114; \r\n(xliv)  the conditions under which documents listed in sub -section (1) of section 121 \r\nmay be open to public inspection under the said sub-section; \r\n(xlv)  the fee payable for obtaining a certified copy under sub -section (2) of section \r\n121; \r\n(xlvi)  the manner of making an application and the fee payable therefor under sub-\r\nsection (1) of section 123; \r\n(xlvii)  the conditions under which any act other than the making of an affidavit may \r\nbe done by duly authorized agent under sub-section (1) of section 127; \r\n(xlviii) the matters related to qualifications, registration and conduct of trade mark \r\nagents under sub-section (2) of section 127; \r\n(xlix)  the fees payable for making applications, registrations and other matters under \r\nsub-section (1) of section 128; \r\n(l)  the matters related to the payment of a single fee in respect of two or more \r\nmatters and the circumstance, if any, in which a fee may be repaid or remitted \r\nunder sub-section (2) of section 128; \r\n(li)  the making of further requirements with which the regulations may have  to \r\ncomply under sub-para (2) of para 5 of the First Schedule; \r\n \r\n \r\n1Omitted by Act No. LVIII of 2023, s. 49. \r\n \r\nPage 79 of 91 \r\n \r\n \r\n \r\n \r\n(lii)  the making of further requirements with which the regulations may have to \r\ncomply under sub-para (2) of para 6 of the Second Schedule; \r\n(liii)  the procedure for identification and classification of computer related services \r\nassociated with Internet under sub-para (3) of para 2 of the Third Schedule; \r\n(liv)  the making of procedure for putting entries under sub-para (2) of para 2, and \r\nsub-para(2) of para 9 of the Fourth Schedule; \r\n(lv)  the manner of making application and the fee payable for such application \r\nunder sub-para (2) of para 11 of the Fourth Schedule; \r\n(lvi)  the entry of additional information in the Register; \r\n(lvii)  the regulation of awarding of costs by the Registrar under this Ordinance;  \r\n(lviii) the matters related to establishment of branches of the Trade Marks Registry; \r\n(lix)  the manner in which, in proceedings under this Ordinance before t he Registrar \r\nor the 1[Organization], application shall be made, notices given and matters \r\nadvertised; \r\n(lx)  the matters related to times or periods required by this Ordinance to be \r\nadvertised;  \r\n(lxi)  and matters generally related to business of the Trade Marks Registry or its  \r\nbranches and for regulating all things by this Ordinance placed under the \r\ndiscretion of the Registrar or the 1[Organization]; and \r\n(lxii)  any other matter which is required to be, or may be prescribed. \r\n 133.  Transitional.___The provisions of the Fourth Schedule shall have effect with respect \r\nto transitional matters, including the treatment of trade marks registered under the Trade Marks Act, \r\n1940 (V of 1940), and applications for registration and other proceedings pending under that A ct, on \r\nthe commencement of this Ordinance. \r\n 134.  Repeal and savings.___(1) The Trade Marks Act, 1940 (V of 1940), is hereby repealed. \r\n (2) The Trade Marks Registry and its branches existing at the commencement of this  \r\nOrdinance shall be continued as if they had been established under this Ordinance. \r\n (3) The Registrar, other officers and any other person appointed to the Trade Marks Registry \r\nestablished under the Trade Marks Act, 1940 (V of 1940), shall be deemed to have been appointed to \r\nthe Trade Marks Registry established under this Ordinance. \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s. 49. \r\n \r\nPage 80 of 91 \r\n \r\n \r\n \r\n \r\nTHE FIRST SCHEDULE \r\n[See section 82(2)] \r\nCOLLECTIVE MARKS \r\n 1. General.___The provisions of this Ordinance shall apply to collective marks subject  to the \r\nprovisions contained in this Schedule. \r\n 2. Signs of which a collective mark may consist. ___In relation to a collective mark  the \r\nreference in clause (xlvii) of section 2 to distinguish goods or s ervices of one undertaking form those \r\nof other undertakings shall be construed as  a reference to distinguishing goods or services of \r\nmembers of the association which is the proprietor of the mark from those of other undertakings. \r\n 3. Indication of geographical origin. ___(1) Notwithstanding the provisions of clause  (c) of \r\nsub-section (1 ) of section 14, a collective mark may be registered which consist of marks or \r\nindications which may serve, in trade, to distinguish the geographical origin of the goods or services. \r\n (2) The proprietor of such a mark shall not be entitled to prohibit the use of the marks or \r\nindications in accordance with the honest practices in industrial or commercial matters, in particular, \r\nby a person who is entitled to use a geographical name. \r\n 4. Collective mark not to be misleading as to character or significance. ___(1) A collective \r\nmark shall not be registered if the public is liable to be mislead as regards the character or \r\nsignificance of the mark, in particular, if it is likely to be taken to be something other than a \r\ncollective mark. \r\n (2) The Registrar may accordingly require that a mark in respect of which application is made \r\nfor registration include some indication that it is a collective mark. \r\n (3) Notwithstanding the provisions of sub -section (7) of section 27 and application may be \r\namended so as to comply with any such requirement. \r\n 5. Regulations governing use of collective mark.___(1) Any application for registration of a \r\ncollective mark may be filed with the Registrar along with regulations governing the use of the mark. \r\n (2) The regulations referred to in sub-para (1) shall specify the persons authorized to use the \r\nmark, the conditions of membership of the association and, where they exist,  the conditions of the \r\nuse of the mark, including any sanctions against misuse. \r\n (3) Any further requirements with which the regulations referred to in sub -para (1) shall have \r\nto comply may be imposed as may be prescribed. \r\n 6. Approval of regulations by the Registrar. ___(1) A collective mark shall not be  registered \r\nunless the regulations governing the use of the mark___ \r\n(a)  comply with the requirements of para (2) of para 5 and any further \r\nrequirements as may be prescribed; and \r\n(b)  are not contrary to public policy or to accepted principles of morality. \r\n \r\nPage 81 of 91 \r\n \r\n \r\n \r\n \r\n (2) Before the end of the prescribed period  after the date of the pu blication for registration of \r\na collective mark, the applicant shall file the regulations with the Registrar and pay the prescribed fee \r\nfailing which the application shall be deemed to have been withdrawn. \r\n 7. Procedure of acceptance or refusal of applicat ion.___(1) The Registrar shall  consider \r\nwhether the requirements specified in sub-para (1) of para 6 are duly met. \r\n (2) If it appears to the Registrar that such requirements are not met, he shall inform the \r\napplicant and give him an opportunity, within suc h period as the Registrar may specify, to make \r\nrepresentation or to file amended regulations. \r\n (3) If the applicant fails to satisfy the  Registrar that such requirements are met, or to file \r\nregulations amended so as to meet them, or fails to respond before  the end of the specified period, \r\nthe Registrar shall refuse the application. \r\n (4) If it appears to the Registrar that such requirements, and the other requirements for \r\nregistration, are met he shall accept the application and shall proceed in accordance with section 28. \r\n 8. Regulations to be published.___(1) The regulations governing the use of a collective mark \r\nshall be published and notice of opposition may be given, and observation may be made , relating to \r\nthe matters specified in sub-para (1) of para 6. \r\n (2) The provisions of sub -para (1) shall be in addition to any other grounds on which the \r\napplication may be opposed or observations made. \r\n 9. Regulations to be open to inspection. ___The regulations governing the use of a registered \r\ncollective mark shall be open to public inspection in the same way as the Register. \r\n 10. Amendment of regulations.___(1) An amendment of the regulations governing the use of \r\na registered collective mark shall not be effective unless and until the amended regulations are filed \r\nwith the Registrar and accepted by him. \r\n (2) Before accepting any amended regulations the Registrar may, in any case where it appears \r\nto him expedient to do so, cause them to be published. \r\n (3) If the Registrar does so, a notice of opposition may be given , and observations may be \r\nmade, relating to the matters specified in sub-para (1) of para 6. \r\n 11. Infringement of rights of authorized user. ___The following provisions shall  apply in \r\nrelation to an authorized user of a registered collective mark as in rela tion to a licensee of a trade \r\nmark, namely:___ \r\n(a)  sub-section (7) of section 40; \r\n(b)  sub-section (2) of section 51; and \r\n(c)  section 53. \r\n 12. Infringement of a registered collective mark. ___(1) The provisions of this para  shall \r\nhave effect as regards the rights of an authorized user in relation to infringement of registered \r\ncollective mark. \r\n \r\nPage 82 of 91 \r\n \r\n \r\n \r\n \r\n (2) An authorized user shall be entitled, subject to any agreement to the contrary between him \r\nand the proprietor, to call on the proprietor to take infringement pro ceedings in respect of any matter \r\nwhich affect his interests. \r\n (3)  If the proprietor___ \r\n(a)  refuses to do so; or  \r\n(b)  fails to do so within two months after being called upon, \r\nthe authorized user may bring the proceedings in his own name as if he were the proprietor. \r\n (4) Where infringement proceedings are brought under this para, the authorized user may not, \r\nwithout the leave of the High Court, proceed with the action unless the proprietor is either joined as a \r\nplaintiff or added as a defendant. \r\n (5) Th e provisions of para (4) shall not affect the granting of interlocutory relief on an \r\napplication by an authorised user alone. \r\n (6) A proprietor who is added as a defendant as provided in sub -para (4) shall not be made \r\nliable for any costs in the action unless he takes part in the proceedings. \r\n (7) In infringement proceedings brought by the proprietor of a registered collective mark, any \r\nloss suffered or likely to be suffered by authorised user shall be taken into account, and the High \r\nCourt or 1[an IP Tribu nal] may give such directions as it thinks fit as to the extent to which the \r\nplaintiff shall hold the proceeds of any pecuniary remedy on behalf of such users. \r\n 13. Additional grounds for  revocation of registration. ___Apart from the grounds of  \r\nrevocation provided for in section 73, the registration of a collective mark may be revoked on any of \r\nthe following grounds, namely:___ \r\n(a)  that the manner in which the mark has been used by the proprietor has caused \r\nit to become liable to mislead the public in the m anner referred to in sub -para \r\n(1) of para 4; \r\n(b)  that the proprietor has failed to observe, or to secure the observance of, the \r\nregulations governing the use of the mark: or  \r\n(c)  that an amendment of the regulations governing the use of mark has been \r\nmade so that such regulations— \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s. 50. \r\n \r\nPage 83 of 91 \r\n \r\n \r\n \r\n \r\n(i)  no longer comply with the requirement of sub -para (2) of para 5, and \r\nany further conditions as may prescribed; or \r\n(ii)  are contrary to public policy or to accepted principles of morality. \r\n 14. Additional grounds for invalidity of registration. ___Apart from the grounds of  \r\ninvalidity provided for in section 80, the registration of a collective mark may be declared invalid on \r\nthe ground that the mark was registered in breach of the p rovisions of sub-para (1) of para 4, or sub-\r\npara (1) of para 6. \r\nTHE SECOND SCHEDULE \r\n[See section 83(2)] \r\nCERTIFICATION MARKS \r\n 1. General.___The provisions of this Ordinance shall apply to certification marks subject to \r\nthe provisions contained in this Schedule.  \r\n 2. Signs of which certification mark may consist. ___In relation to a certification mark the \r\nreference in clause (xlvii) of section 2 to distinguish goods or services of one undertaking from those \r\nof other undertaking shall be construed as a referenc e to distinguishing goods or services which are \r\ncertified from those which are not. \r\n 3. Indication of geographical origin. ___(1) Notwithstanding the provisions of clause (c) of \r\nsub-section (1) of section 14, a certification mark may be registered which con sist of signs or \r\nindications which may serve, in trade, to designate the geographical origin of the goods or services.  \r\n (2) The proprietor of such a mark shall not be entitled to prohibit the use of the signs or \r\nindications in accordance with honest pract ices in industrial or commercial matters, in particular, by \r\na person who is entitled to use a geographical name. \r\n 4. Nature of proprietor’s business. —A certification mark shall not be registered if the \r\nproprietor carries on a business involving the supply of goods or services of the kind certified. \r\n 5. Certification mark not to be misleading as to character or significance. ___(1) A \r\ncertification mark shall not be registered if the public is liable to be misled as regards the character or \r\nsignificance of the  mark, in particular, if it is likely to be taken to be something other than a \r\ncertification mark. \r\n (2) The Registrar may, accordingly, require that a mark in respect of which application has \r\nbeen made for registration include some indication that it is a certification mark.  \r\n (3) Notwithstanding the provisions of sub -section (7) of section 27, an application may be \r\namended so as to comply with any such requirement. \r\n 6. Regulations governing use of certification mark. ___(1) An application for registration o f \r\na certification mark may be filed with the Registrar along with regulations governing the use of the \r\nmark.  \r\n \r\nPage 84 of 91 \r\n \r\n \r\n \r\n \r\n (2) The regulations referred to in sub -para (1) shall indicate who shall be authorized to use \r\nthe certification mark, the characteristics by the mark, how the certifying body shall test those \r\ncharacteristics and supervise the use of the mark, the fee, if any, to be paid in connection with the \r\noperation of the mark and the procedures for resolving disputes.  \r\n (3) Any further requirements with which the regulations referred to in sub-para (1) shall have \r\nto comply may be imposed as may be prescribed. \r\n 7. Approval of regulations by the Registrar. ___(1) A certification mark shall not be \r\nregistered unless___  \r\n(a)  the regulations governing the use of the mark—  \r\n(i)  comply with the requirements of sub-para (2) of para 6, and any further \r\nrequirements, as may be prescribed; and  \r\n(ii)  are not contrary to public policy or to accepted principles of morality; \r\nand  \r\n(b)  the applicant is competent to certify the goods or services for which the mark \r\nis to be registered.  \r\n (2). Before the end of the prescribed period after the date of the application for registration of \r\na certification mark, the applicant shall file the regulations with the Registrar and pay the pre scribed \r\nfee, failing which the application shall be deemed to be withdrawn. \r\n 8. Procedure for acceptance or refusal of application. ___(1) The Registrar shall consider \r\nwhether the requirements specified in sub-para (1) of para 7 are met.  \r\n (2) If it appears  to the Registrar that such requirements are not met, he shall inform the \r\napplicant and give him an opportunity, within such period as the Registrar may specify, to make \r\nrepresentation or to file amended regulations.  \r\n (3) If the applicant fails to satisfy  the Registrar that such requirements are met, or to file \r\nregulation amended so as to meet them, or fails to respond before the end of the specified period, the \r\nRegistrar shall refuse the application.  \r\n (4) If it appears to the Registrar that such requirem ents, and the other requirements for \r\nregistration, are met, he shall accept the application and shall proceed in accordance with section 28. \r\n 9. Regulations to be published. ___The regulations governing the use of a registered \r\ncertification mark shall be published and notice of opposition may be given, and observations may be \r\nmade, relating to the matters specified in sub -para (1) of para 7, in addition to any other grounds on \r\nwhich the application may be opposed or observations made.  \r\n 10. Regulations to be  open to inspection. ___The regulations governing the use of a \r\nregistered certification mark shall be open to be public inspection in the same way as the Register. \r\n 11. Amendment of regulations.___(1) An amendment of the regulations governing the use of \r\na r egistered certification mark shall not be effective unless and until the amended regulations are \r\nfiled with the Registrar and accepted by him.  \r\n \r\nPage 85 of 91 \r\n \r\n \r\n \r\n \r\n (2) Before accepting any amended regulations the Registrar may, in any case where it appears \r\nto him expedient to do so, cause them to be published.  \r\n (3) If he does so, a notice of opposition may be given, and observations may be made, \r\nrelating to the matters specified in sub-para (1) of para 7. \r\n 12. Consent to assignment of registered certification mark. ___The ass ignment or other \r\ntransmission of a registered certification mark shall not be effective without the consent of the \r\nRegistrar.  \r\n 13. Infringement of rights of authorised user. ___The following provisions shall apply in \r\nrelation to an authorised user of a reg istered certification mark as in relation to a licensee of a trade \r\nmark, namely:—  \r\n(a)  sub-section (7) of section 40;  \r\n(b)  sub-section (2) of section 51; and  \r\n(c)  section 53. \r\n 14. The High Court or 1[an IP Tribunal] to take into account loss suffered by authorised \r\nusers.___In infringement proceedings brought by the proprietor of the registered certification mark \r\nany loss suffered or likely to be  suffered by authorised user shall be taken into account and the High \r\nCourt or 1[the IP Tribunal]  may give such  directions as it thinks fit as to the extent to which the \r\nplaintiff shall hold the proceeds of any pecuniary remedy on behalf of such users. \r\n 15. Additional grounds for revocation of registration. ___Apart from the grounds of \r\nrevocation provided for in sec tion 73, the registration of a certification mark may be revoked on any \r\nof the following grounds, namely:___ \r\n(a)  that the proprietor has begun to carry on such a business as is specified in para \r\n4; \r\n(b)  that the manner in which the mark has been used by t he proprietor has caused \r\nit to become liable to mislead the public in the manner referred to in sub -para \r\n(1) of para 5;  \r\n(c)  that the proprietor has failed to observe, or to secure the observance of, the \r\nregulations governing the use of the mark;  \r\n(d)  that an amendment of the regulations has been made so that the regulations__ \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. LVIII of 2023, s. 51. \r\n \r\nPage 86 of 91 \r\n \r\n \r\n \r\n \r\n(i)  no longer comply with the requirements of sub -para (2) of para 6, and \r\nany further conditions as may be prescribed; or  \r\n(ii)  are contrary to public policy or to accepted principles of morality; or  \r\n(e)  that the proprietor is no longer competent to certify the goods or services for \r\nwhich the mark is registered. \r\n 16. Additional grounds for invalidity of registration. ___Apart from the gr ounds of \r\ninvalidity provided for in section 80, the registration of a certification mark may be declared invalid \r\non the ground that the mark was registered in breach of the provisions of para 4, sub-para (1) of para \r\n5 or sub-para (1) of para 7. \r\nTHIRD SCHEDULE \r\n[See section 84(2)] \r\nDOMAIN NAMES \r\n 1. General.___The provisions of this Ordinance shall apply to domain names subject to  the \r\nprovisions contained in this Schedule. \r\n 2. Requirements for registration.___(1) A domain name if used as a source identifier may be \r\nregistered as a trade mark in respect of relevant goods or services. \r\n (2) The applicant for registration of domain name shall show that he offers goods or services \r\nvia Internet using the domain name. Such evidence shall be in the form of specimen showi ng use of \r\nthe domain name as a source identifier. \r\n Explanation.___For the purpose of this para, use of a domain name shall be taken as  source \r\nidentifier if it is used on Internet to distinguish goods or services of one undertaking from the other \r\nprovided that use of a domain name as a mere directional reference, similar to use of a telephone \r\nnumber or business address shall not be taken as use of the domain name as a source identifier. \r\n (3) Provisions may be made by rules for further identification and clas sification of computer \r\nrelated services associated with Internet. \r\n 3. Indication of geographical origin. ___(1) Notwithstanding the provisions of clause  (c) of \r\nsub-section (1) of section 14, a domain name may be registered which consist of marks or indications \r\nwhich may serve, in trade, to distinguishing the geographical origin of the goods or services. \r\n (2) The proprietor of such a mark shall not be entitled to prohibit the use of the marks or \r\nindications in accordance with honest practices in industrial or  commercial matters, in particular, by \r\na person who is entitle to use a geographical name. \r\n 4. Domain name not to lie misleading as to character or significance. ___(1) A  domain \r\nname shall not be registered if the public is liable to be mislead as regards t he character or \r\nsignificance of the mark, in particular, if it is likely to be taken to be something other than a domain \r\nname. \r\n (2) The Registrar may, accordingly, require that a mark in respect of which application has \r\nbeen made for registration include some indication that it is a domain name. \r\n \r\nPage 87 of 91 \r\n \r\n \r\n \r\n \r\n (3) Notwithstanding the provisions of sub -section (7) of section 27, an application may be \r\namended so as to comply with any such requirement. \r\n 5. Procedure for acceptance, opposition and registration. ___The provisi ons of this \r\nOrdinance for acceptance, registration and opposition as they apply to trade marks shall also apply to \r\nthe domain names. \r\n 6. Term of registration and renewal. ___Notwithstanding the provisions of sections  32 and \r\n33, a domain name shall be registered for a period of five years from the date of registration and may \r\nbe renewed for further periods of like term, as long as, the domain name is in actual use on Internet. \r\n 7. Provisions of section 73 not to apply to domain names. ___The provisions of section 73 \r\nshall not apply to domain names. \r\n 8. Rules.___Provisions may be made by rules for further identification and classification of \r\ncomputer related services associated with Internet. \r\nTHE FOURTH SCHEDULE \r\n(See section 134) \r\nTRANSITIONAL PROVISIONS \r\n 1. Introductory.___(1) In this Schedule, ___ \r\n(a)  “existing registered mark” means a trade mark or certification mark registered \r\nunder the Trade. Marks Act, 1940 (V of 1940), immediately before the \r\ncommencement of this Ordinance; \r\n(b)  “1940 Act” means the Trade Marks Act, 1940 (V of 1940); and \r\n(c)  “old law ” means the 1940 Act and any law for the time being in force, \r\napplying to existing registered marks immediately before the commencement \r\nof this Ordinance. \r\n (2)  For the purposes of this Schedule, ___ \r\n(a)  an app lication shall be treated as pending on the commencement of this \r\nOrdinance if it was made but not finally determined before such \r\ncommencement; and \r\n(b)  the date on which it was made shall be taken to be the date of filing under the  \r\n1940 Act. \r\n 2. Existing registered trade mark.___(1) The existing registered  marks shall be transferred, \r\non the commencement of this Ordinance, to the Register, and shall have effect, subject to the \r\nprovisions of this Schedule, as if registered under this Ordinance. \r\n (2) The existing registered marks registered as a series under sub-section (3) of section 11 of \r\nthe 1940 Act shall be similarly registered in the new Register. \r\n \r\nPage 88 of 91 \r\n \r\n \r\n \r\n \r\n (3) Provisions may be made by rules for putting such entries in the same form as is required \r\nfor entries under this Ordinance. \r\n (4) In any other case notes indicating that the existing registered marks are associated with \r\nother marks shall cease to have effect on the commencement of this Ordinance. \r\n 3. Disclaimer, limitations and conditions.___A disclaimer, limitation or condition entered on \r\nthe register kept under the 1940 Act in relation to an existing registered mark immediately before the \r\ncommencement of this Ordinance shall be transferred to the Register and have effect as if entered on \r\nthe Register in pursuance of section 15. \r\n 4. Effect of Infringement.___(1) The provisions of sections 39 to 42 shall apply in  relation to \r\nan existing registered mark as from the commencement of this Ordinance and the provisions of \r\nsection 46 shall apply in relation to infringe ment of an existing registered mark committed after the \r\ncommencement of this Ordinance, subject to sub-para (3). \r\n (2) The old law shall continue to apply in relation to infringement committed before the \r\ncommencement of this Ordinance. \r\n (3) It shall not be an infringement of___ \r\n(a)  an existing registered mark; or \r\n(b)  a registered trade mark of which the distinctive elements are the same or \r\nsubstantially, the same as those of an existing registered mark and which is \r\nregistered for the same goods or services, \r\n \r\nto continue after the commencement of this Ordinance any use which did not amount to infringement \r\nof the existing registered mark under the old law. \r\n 5. Infringing goods, material and articles. ___The provisions of section 4 8 shall apply  to \r\ninfringing goods, material or articles trade before or after the commencement of this Ordinance. \r\n 6. Rights and remedies of licensee or authorised user .___ (1) The provisions of  section 75 \r\nshall apply to license granted before the commencement of this Ordinance, but only in relation to any \r\ninfringement committed after such commencement. \r\n (2) The provisions of para 14 of the Second Schedule shall apply only in relation to \r\ninfringement committed after the commencement of this Ordinance. \r\n 7. Co-ownership of registered trad e mark. ___The provisions of section 24 shall  apply as \r\nfrom the commencement of this Ordinance to an existing registered trade mark of which two or more \r\npersons were, immediately before such commencement, registered as joint proprietor; \r\n Provided that so lo ng as the relations between the joint proprietors remain such as are \r\ndescribed in sub-section (2) of section 17 of the 1940 Act, there shall be taken to be an agreement to \r\nexclude the operation of sub-sections (2) and (3) of section 24. \r\n 8. Assignment of r egistered trade mark. ___ (1) The provisions of section 67 shall  apply to \r\ntransactions and events occurring after the commencement of this Ordinance in relation to an \r\n \r\nPage 89 of 91 \r\n \r\n \r\n \r\n \r\nexisting registered trade mark, and the old law shall continue to apply in relation to tra nsactions and \r\nevents occurring before such commencement. \r\n (2) The existing entries under section 35 of the 1940 Act shall be transferred on the \r\ncommencement of this Ordinance to the Register, and shall have effect as if made under section 70. \r\n (3) An application for registration under section 35 of the 1940 Act, which is pending before  \r\nthe Registrar on the commencement of this Ordinance shall be treated as an application for \r\nregistration under section 70 and shall proceed accordingly: \r\n Provided that the Reg istrar may require the applicant to amend his application so as to \r\nconform with the requirements of this Ordinance. \r\n (4) An application for registration under section 35 of the 1940 Act, which has been \r\ndetermined by thy Registrar but not finally determined  before the commencement of this Ordinance \r\nshall be dealt with under the old law, and the provisions of sub -para (2) shall apply in relation to any \r\nresulting entry in the Register. \r\n (5) Whether before the commencement of this Ordinance, a person has become entitled by \r\nassignment or transmission to an existing registered trade mark but has not registered his title, any \r\napplication for registration after such commencement shall be made under section 70. \r\n (6) In case to which the provisions of sub -para (3) or (5) applies, the provisions of sub -\r\nsection (2) of section 35 of the 1940 Act shall continue to apply, and the provisions of sub -section \r\n(3) of section 68 shall not apply, as regards the consequences of failing to register. \r\n 9. Licensing of registered trade mark.___(1) The provisions of section 73 and sub-section \r\n(2) of section 74 shall apply only in relation to licences granted after the commencement of this \r\nOrdinance, and the old law shall continue to apply in relation to licences granted to authorised use rs \r\nbefore the commencement of this Ordinance. \r\n (2) The existing entries under section 39 of the 1940 Act shall be transferred on the \r\ncommencement of this Ordinance to the Register, and shall have effect as if made under section 70. \r\n (3) Provisions may be made by rules for putting entries referred to in sub-para (2) in the same \r\nform as is requires for entries made under this Ordinance. \r\n (4) An application for registration as a registered user which is pending before the Registrar \r\non the commencement of this Ordinance shall be treated as an application for registration of a licence \r\nunder sub-section (1) of section 70 and shall proceed accordingly: \r\n Provided that the Registrar may require the applicant to amend his application so as to \r\nconform with the requirements of this Ordinance. \r\n (5) An application for registration as a registered user which has been determined by the \r\nRegistrar but not finally determined before the commencement of this Ordinance shall be dealt with \r\nunder the old law, and the provisions of s ub-para (2) shall apply in relation to any resulting entry in \r\nthe Register. \r\n \r\nPage 90 of 91 \r\n \r\n \r\n \r\n \r\n (6) Any proceedings pending on the commencement of this Ordinance under section 42 of the \r\n1940 Act shall be dealt with under the old law and any necessary alteration shall be made  to the \r\nRegister. \r\n 10. Pending applications for registration. ___(1) An application for registration of a  mark \r\nunder the 1940 Act which is advertised under sub -section (1) of section 15, or the proviso to that \r\nsub-section of the 1940 Act , or an order has be en made for its advertisement before the \r\ncommencement of this Ordinance shall be dealt with under the old law, subject as provided in the \r\nfollowing paras, and if registered, the mark shall be treated for the purpose of this Schedule as an \r\nexisting registered trade mark. \r\n (2) The provisions of section 12 of the 1940 Act shall be disregarded in dealing, after the \r\ncommencement of this Ordinance, with an application for registration. \r\n 11. Conversion of pending application. ___(1) In the case of pending applicati on for  \r\nregistration which has not been advertised under sub -section (1) of section 15, or the proviso  to that \r\nsub-section of the 1940 Act , neither an order has been made for such advertisement before the \r\ncommencement of this Ordinance, the applicant may give notice to the Registrar claiming to have the \r\nregistrability of the mark determined in accordance with the provisions of this Ordinance. \r\n (2) The notice under sub -para (1) s hall be in the prescribed form, be accompanied by the \r\nappropriate fee and be given no later than twelve months after the commencement of this Ordinance. \r\n (3) The notice under sub-para (1), duly given shall be irrevocable and have the effect  that the \r\napplication shall be treated as if made immediately after the commencement of this Ordinance. \r\n 12. Trade marks registered a ccording to old classification. ___The Registrar may  exercise \r\nhis powers to secure that any existing registered trade marks which do not conform to the system of \r\nclassification prescribed under section 12 are brought in conformity with that system. \r\n 13. Claim to priority from overseas application. ___The provisions of section 25 shall apply \r\nto an application for registration under this Ordinance made after the commencement of this \r\nOrdinance notwithstanding that the Convention application was made before such commencement. \r\n 14. Duration and renewal of registration. ___(1) The provisions of subsection (1) of  section \r\n32 shall apply in relation to the registration of a mark in pursuance of an application made after the \r\ncommencement of this Ordinance, and the old law shall apply in any other case. \r\n (2) The provisions of sub -section (2) of section 32 and section 33  shall apply where the \r\nrenewal falls due on or after the commencement of this Ordinance, and the old law shall conti nue to \r\napply in any other case. \r\n (3) In either case referred to in sub-para (2) or (3), it shall be immaterial when the fee is paid. \r\n 15. Pending application for alteration of registered trade mark. ___An application under \r\nsection 48 of the 1940 Act, which is p ending on the commencement of this Ordinance shall be dealt \r\nwith under the old law and any necessary alteration shall be made in the Register. \r\n \r\nPage 91 of 91 \r\n \r\n \r\n \r\n \r\n 16. Revocation for non-use.___ (1) An application under section 37 of the 1940 Act, which is \r\npending on the comm encement of this Ordinance shall be dealt with under the old law and any \r\nnecessary alteration shall be made to the Register. \r\n (2) An application made under clause (a) or (b) of sub -section (1) of section 73 may be made \r\nin relation to an existing registered mark at any time after the commencement of this Ordinance: \r\n Provided that no such application for the revocation of the registration of an existing \r\nregistered mark under section 38 of the 1940 Act may be made until more than five years after the \r\ncommencement of this Ordinance. \r\n 17. Application for rectification. ___(1) An application under section 46 of 47 of 1940  Act, \r\nwhich is pending on the commencement of this Act shall be dealt with under the old law and any \r\nnecessary alteration shall be made to the Register. \r\n (2) For the purpose of proceedings under section 80 as it applies in relation to an existing \r\nregistered mark, the provisions of this Ordinance shall be deemed to have been in force at a ll \r\nmaterial times: \r\n Provided that no objection to the validity of the registration of an existing registered mark \r\nmay be taken on the grounds specified if sub -section (3) of section 17 in conflict with earlier mark \r\nregistered for different goods. \r\n 18. Regulations as to use of certification mark. ___(1) Regulations gove rning the use of an \r\nexisting registered certification mark deposited at the Trade Marks Registry under the 1940 Act shall \r\nbe treated after the commencement of this Ordinance as if filed under para 6 of the Second Schedule. \r\n (2) Any request for amendment of the regulations which was pending on the commencement \r\nof this Ordinance shall be dealt with the old law. \r\n \r\n \r\n \r\n \r\n \r\n________________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 11-09-2024",
  "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive",
  "passages": [
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-0-1733:3985b402a18653898c8fbfae8875a30b62e705d0b3408c097310d80b4fdfdd51",
      "character_start": 0,
      "character_end": 1733,
      "utf8_byte_start": 0,
      "utf8_byte_end": 1737,
      "passage_sha256": "3985b402a18653898c8fbfae8875a30b62e705d0b3408c097310d80b4fdfdd51",
      "reader_fragment": "p-0-1733-3985b402a1865389"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-1733-3514:e69000124eebb0a17a2ea1c1e709c382d65d63d18bcde696dba91683c6c4d6fb",
      "character_start": 1733,
      "character_end": 3514,
      "utf8_byte_start": 1737,
      "utf8_byte_end": 3522,
      "passage_sha256": "e69000124eebb0a17a2ea1c1e709c382d65d63d18bcde696dba91683c6c4d6fb",
      "reader_fragment": "p-1733-3514-e69000124eebb0a1"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-3514-5314:091438c87ce16fe5774a9991061e67c09ad2c340a33b6c23e9775fa2867b6b9e",
      "character_start": 3514,
      "character_end": 5314,
      "utf8_byte_start": 3522,
      "utf8_byte_end": 5330,
      "passage_sha256": "091438c87ce16fe5774a9991061e67c09ad2c340a33b6c23e9775fa2867b6b9e",
      "reader_fragment": "p-3514-5314-091438c87ce16fe5"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-5314-7070:b6e0e35549e824295758d4788a744bde9c1ca9bef96d2a1f73c77c680bd14c1c",
      "character_start": 5314,
      "character_end": 7070,
      "utf8_byte_start": 5330,
      "utf8_byte_end": 7086,
      "passage_sha256": "b6e0e35549e824295758d4788a744bde9c1ca9bef96d2a1f73c77c680bd14c1c",
      "reader_fragment": "p-5314-7070-b6e0e35549e82429"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-7070-8861:256508776618928f293f7e9ab69feddde7568165fd2ca29925d822d3786b0c9b",
      "character_start": 7070,
      "character_end": 8861,
      "utf8_byte_start": 7086,
      "utf8_byte_end": 8877,
      "passage_sha256": "256508776618928f293f7e9ab69feddde7568165fd2ca29925d822d3786b0c9b",
      "reader_fragment": "p-7070-8861-256508776618928f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-8861-10599:7c4bbef1c6695d3f417a6b4508f440a13fe8dfa748f668643004c84de5e5d3c6",
      "character_start": 8861,
      "character_end": 10599,
      "utf8_byte_start": 8877,
      "utf8_byte_end": 10631,
      "passage_sha256": "7c4bbef1c6695d3f417a6b4508f440a13fe8dfa748f668643004c84de5e5d3c6",
      "reader_fragment": "p-8861-10599-7c4bbef1c6695d3f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-10599-12339:df5502f2b570b8b0d7cd7f140b914863a38e682a02b0f8ac8cba0005d11c3d70",
      "character_start": 10599,
      "character_end": 12339,
      "utf8_byte_start": 10631,
      "utf8_byte_end": 12407,
      "passage_sha256": "df5502f2b570b8b0d7cd7f140b914863a38e682a02b0f8ac8cba0005d11c3d70",
      "reader_fragment": "p-10599-12339-df5502f2b570b8b0"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-12339-14126:e1bccab06065bd7090651da49a8dce4bf0962050a96f942fc0ac84cd645000b6",
      "character_start": 12339,
      "character_end": 14126,
      "utf8_byte_start": 12407,
      "utf8_byte_end": 14222,
      "passage_sha256": "e1bccab06065bd7090651da49a8dce4bf0962050a96f942fc0ac84cd645000b6",
      "reader_fragment": "p-12339-14126-e1bccab06065bd70"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-14126-15912:5900a1f44b2b755a1dab0ffa0ebc40d6210f9557044a3eada503d4bd084978c6",
      "character_start": 14126,
      "character_end": 15912,
      "utf8_byte_start": 14222,
      "utf8_byte_end": 16008,
      "passage_sha256": "5900a1f44b2b755a1dab0ffa0ebc40d6210f9557044a3eada503d4bd084978c6",
      "reader_fragment": "p-14126-15912-5900a1f44b2b755a"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-15912-17648:50d6ec51da95b45322026ffb9ab4a7ac0383052d81438696191e71db0bec1b3a",
      "character_start": 15912,
      "character_end": 17648,
      "utf8_byte_start": 16008,
      "utf8_byte_end": 17784,
      "passage_sha256": "50d6ec51da95b45322026ffb9ab4a7ac0383052d81438696191e71db0bec1b3a",
      "reader_fragment": "p-15912-17648-50d6ec51da95b453"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-17648-19382:e68727ea298f38e140c417f3aa089ee6b4b020f505c1420414b97a4bb5bce4d8",
      "character_start": 17648,
      "character_end": 19382,
      "utf8_byte_start": 17784,
      "utf8_byte_end": 19556,
      "passage_sha256": "e68727ea298f38e140c417f3aa089ee6b4b020f505c1420414b97a4bb5bce4d8",
      "reader_fragment": "p-17648-19382-e68727ea298f38e1"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-19382-21161:4a3e7b5af9e0ff1e16d52fbb815db508ff4d131c89abf2f72fdec1a24fc73104",
      "character_start": 19382,
      "character_end": 21161,
      "utf8_byte_start": 19556,
      "utf8_byte_end": 21383,
      "passage_sha256": "4a3e7b5af9e0ff1e16d52fbb815db508ff4d131c89abf2f72fdec1a24fc73104",
      "reader_fragment": "p-19382-21161-4a3e7b5af9e0ff1e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-21161-22933:878bd77b1209cd4e44d2136a65ed2e2c5eb404d33f17cf09feed88d5ef62762e",
      "character_start": 21161,
      "character_end": 22933,
      "utf8_byte_start": 21383,
      "utf8_byte_end": 23173,
      "passage_sha256": "878bd77b1209cd4e44d2136a65ed2e2c5eb404d33f17cf09feed88d5ef62762e",
      "reader_fragment": "p-21161-22933-878bd77b1209cd4e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-22933-24674:0af3b450a27b590e3643527fe03d3ebb85ad04d2a3ba2de0e625717960840d54",
      "character_start": 22933,
      "character_end": 24674,
      "utf8_byte_start": 23173,
      "utf8_byte_end": 24930,
      "passage_sha256": "0af3b450a27b590e3643527fe03d3ebb85ad04d2a3ba2de0e625717960840d54",
      "reader_fragment": "p-22933-24674-0af3b450a27b590e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-24674-26474:73127f77e4758730f5933ea23693906646ef8f0f24e613c253e4a54ec0b46b7d",
      "character_start": 24674,
      "character_end": 26474,
      "utf8_byte_start": 24930,
      "utf8_byte_end": 26730,
      "passage_sha256": "73127f77e4758730f5933ea23693906646ef8f0f24e613c253e4a54ec0b46b7d",
      "reader_fragment": "p-24674-26474-73127f77e4758730"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-26474-28227:bb58c53be891512443e08945f7044e502609b0f3d20b2ee0dded7e1dba3fada4",
      "character_start": 26474,
      "character_end": 28227,
      "utf8_byte_start": 26730,
      "utf8_byte_end": 28483,
      "passage_sha256": "bb58c53be891512443e08945f7044e502609b0f3d20b2ee0dded7e1dba3fada4",
      "reader_fragment": "p-26474-28227-bb58c53be8915124"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-28227-29971:a69fd50e1dc6301c54ed144a0f8b25b23799fb2e62ddeade4d65fa76032ff8b4",
      "character_start": 28227,
      "character_end": 29971,
      "utf8_byte_start": 28483,
      "utf8_byte_end": 30227,
      "passage_sha256": "a69fd50e1dc6301c54ed144a0f8b25b23799fb2e62ddeade4d65fa76032ff8b4",
      "reader_fragment": "p-28227-29971-a69fd50e1dc6301c"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-29971-31756:0e0dd0912b335996dd5b93ff0043ecad8af376868a7593d7e3e5dd1fc2ff1574",
      "character_start": 29971,
      "character_end": 31756,
      "utf8_byte_start": 30227,
      "utf8_byte_end": 32012,
      "passage_sha256": "0e0dd0912b335996dd5b93ff0043ecad8af376868a7593d7e3e5dd1fc2ff1574",
      "reader_fragment": "p-29971-31756-0e0dd0912b335996"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-31756-33505:f106436a3ffc1a1e8f5b7931404f1c840d796e6fc824782ad06d674af1cbdfdd",
      "character_start": 31756,
      "character_end": 33505,
      "utf8_byte_start": 32012,
      "utf8_byte_end": 33761,
      "passage_sha256": "f106436a3ffc1a1e8f5b7931404f1c840d796e6fc824782ad06d674af1cbdfdd",
      "reader_fragment": "p-31756-33505-f106436a3ffc1a1e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-33505-35300:c224838b516c032beef31b700fb92ded7488c0377e1b47b9197fab3c0017560d",
      "character_start": 33505,
      "character_end": 35300,
      "utf8_byte_start": 33761,
      "utf8_byte_end": 35556,
      "passage_sha256": "c224838b516c032beef31b700fb92ded7488c0377e1b47b9197fab3c0017560d",
      "reader_fragment": "p-33505-35300-c224838b516c032b"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-35300-37061:f61636f7d6dc0681ff8f83786d85e9d77427bccc99fda69d6d9af87595f747f0",
      "character_start": 35300,
      "character_end": 37061,
      "utf8_byte_start": 35556,
      "utf8_byte_end": 37317,
      "passage_sha256": "f61636f7d6dc0681ff8f83786d85e9d77427bccc99fda69d6d9af87595f747f0",
      "reader_fragment": "p-35300-37061-f61636f7d6dc0681"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-37061-38831:f08a6894a8e702963bc81f54caa5a8a27a264f9cbffe62c36a0ce467b067ff45",
      "character_start": 37061,
      "character_end": 38831,
      "utf8_byte_start": 37317,
      "utf8_byte_end": 39087,
      "passage_sha256": "f08a6894a8e702963bc81f54caa5a8a27a264f9cbffe62c36a0ce467b067ff45",
      "reader_fragment": "p-37061-38831-f08a6894a8e70296"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-38831-40553:62e2c7d6f14049b96e439173e4578d71c7fd898aea6417dff789e777b0394134",
      "character_start": 38831,
      "character_end": 40553,
      "utf8_byte_start": 39087,
      "utf8_byte_end": 40817,
      "passage_sha256": "62e2c7d6f14049b96e439173e4578d71c7fd898aea6417dff789e777b0394134",
      "reader_fragment": "p-38831-40553-62e2c7d6f14049b9"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-40553-42324:b1d0aff2fcc2121b7e91370622e37f47b100ce4b49b1cf81d1ff731cdd918d6b",
      "character_start": 40553,
      "character_end": 42324,
      "utf8_byte_start": 40817,
      "utf8_byte_end": 42588,
      "passage_sha256": "b1d0aff2fcc2121b7e91370622e37f47b100ce4b49b1cf81d1ff731cdd918d6b",
      "reader_fragment": "p-40553-42324-b1d0aff2fcc2121b"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-42324-44107:005d14667bca7edff5307fde992f2ff586907c5e2824914ad5e222e85978ea4a",
      "character_start": 42324,
      "character_end": 44107,
      "utf8_byte_start": 42588,
      "utf8_byte_end": 44375,
      "passage_sha256": "005d14667bca7edff5307fde992f2ff586907c5e2824914ad5e222e85978ea4a",
      "reader_fragment": "p-42324-44107-005d14667bca7edf"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-44107-45880:567dc0cb88248834b6e613374e877d0ef7fccab3440d7d9fcf95c753ea61cab0",
      "character_start": 44107,
      "character_end": 45880,
      "utf8_byte_start": 44375,
      "utf8_byte_end": 46148,
      "passage_sha256": "567dc0cb88248834b6e613374e877d0ef7fccab3440d7d9fcf95c753ea61cab0",
      "reader_fragment": "p-44107-45880-567dc0cb88248834"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-45880-47661:3ab556e0f115c940aadb39c16db2116c9eb40313709b6dd88cb7d153eb4d47a0",
      "character_start": 45880,
      "character_end": 47661,
      "utf8_byte_start": 46148,
      "utf8_byte_end": 47931,
      "passage_sha256": "3ab556e0f115c940aadb39c16db2116c9eb40313709b6dd88cb7d153eb4d47a0",
      "reader_fragment": "p-45880-47661-3ab556e0f115c940"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-47661-49425:64d8ee183d0b07a523dd8b2774bb529b09236c052dc8c1ffb1fc5226b292a0c1",
      "character_start": 47661,
      "character_end": 49425,
      "utf8_byte_start": 47931,
      "utf8_byte_end": 49707,
      "passage_sha256": "64d8ee183d0b07a523dd8b2774bb529b09236c052dc8c1ffb1fc5226b292a0c1",
      "reader_fragment": "p-47661-49425-64d8ee183d0b07a5"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-49425-51199:3783c7a8fd0ee0c24cb918bfc1282e315f6335075aecae6e71d7b7371f8fc5a8",
      "character_start": 49425,
      "character_end": 51199,
      "utf8_byte_start": 49707,
      "utf8_byte_end": 51487,
      "passage_sha256": "3783c7a8fd0ee0c24cb918bfc1282e315f6335075aecae6e71d7b7371f8fc5a8",
      "reader_fragment": "p-49425-51199-3783c7a8fd0ee0c2"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-51199-52924:6e59521b9e701995fd925e3bdd1e3f32868b0f5937dfec71dea418c81d050ff7",
      "character_start": 51199,
      "character_end": 52924,
      "utf8_byte_start": 51487,
      "utf8_byte_end": 53216,
      "passage_sha256": "6e59521b9e701995fd925e3bdd1e3f32868b0f5937dfec71dea418c81d050ff7",
      "reader_fragment": "p-51199-52924-6e59521b9e701995"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-52924-54629:e846d3335363c251523be864e11af14c6a19ae254456405e3c69bf599c31ce7c",
      "character_start": 52924,
      "character_end": 54629,
      "utf8_byte_start": 53216,
      "utf8_byte_end": 54921,
      "passage_sha256": "e846d3335363c251523be864e11af14c6a19ae254456405e3c69bf599c31ce7c",
      "reader_fragment": "p-52924-54629-e846d3335363c251"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-54629-56364:84f9804a239f0f7d3fc5efb5a19f09f010277a70b1becf716214af762e230903",
      "character_start": 54629,
      "character_end": 56364,
      "utf8_byte_start": 54921,
      "utf8_byte_end": 56656,
      "passage_sha256": "84f9804a239f0f7d3fc5efb5a19f09f010277a70b1becf716214af762e230903",
      "reader_fragment": "p-54629-56364-84f9804a239f0f7d"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-56364-58116:2c01c16b7ed4cf3659263107aef197e4338ad1989f3d581eccdf35415a34eb34",
      "character_start": 56364,
      "character_end": 58116,
      "utf8_byte_start": 56656,
      "utf8_byte_end": 58408,
      "passage_sha256": "2c01c16b7ed4cf3659263107aef197e4338ad1989f3d581eccdf35415a34eb34",
      "reader_fragment": "p-56364-58116-2c01c16b7ed4cf36"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-58116-59885:797c0e9ac6e4a99de45b225a08fc5add988504fb84298b863e4c6c3958be28e6",
      "character_start": 58116,
      "character_end": 59885,
      "utf8_byte_start": 58408,
      "utf8_byte_end": 60177,
      "passage_sha256": "797c0e9ac6e4a99de45b225a08fc5add988504fb84298b863e4c6c3958be28e6",
      "reader_fragment": "p-58116-59885-797c0e9ac6e4a99d"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-59885-61684:fe4ce4e6ae2e0b31d2f502bca8983e79835084565916887a8c9db690c3948e35",
      "character_start": 59885,
      "character_end": 61684,
      "utf8_byte_start": 60177,
      "utf8_byte_end": 61976,
      "passage_sha256": "fe4ce4e6ae2e0b31d2f502bca8983e79835084565916887a8c9db690c3948e35",
      "reader_fragment": "p-59885-61684-fe4ce4e6ae2e0b31"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-61684-63396:c3c257a253e198b4084a4b55de09e2951e7e52410891c3a0fa1cd856a3a3975f",
      "character_start": 61684,
      "character_end": 63396,
      "utf8_byte_start": 61976,
      "utf8_byte_end": 63688,
      "passage_sha256": "c3c257a253e198b4084a4b55de09e2951e7e52410891c3a0fa1cd856a3a3975f",
      "reader_fragment": "p-61684-63396-c3c257a253e198b4"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-63396-65119:2466b246eb6791ca51883108d0bcd99c49846b370e57e877b6f919b9d9999503",
      "character_start": 63396,
      "character_end": 65119,
      "utf8_byte_start": 63688,
      "utf8_byte_end": 65411,
      "passage_sha256": "2466b246eb6791ca51883108d0bcd99c49846b370e57e877b6f919b9d9999503",
      "reader_fragment": "p-63396-65119-2466b246eb6791ca"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-65119-66884:baa037ec1521899494740f5505e49fbbfd7bbfb306476a4b89fbf68e0377079c",
      "character_start": 65119,
      "character_end": 66884,
      "utf8_byte_start": 65411,
      "utf8_byte_end": 67176,
      "passage_sha256": "baa037ec1521899494740f5505e49fbbfd7bbfb306476a4b89fbf68e0377079c",
      "reader_fragment": "p-65119-66884-baa037ec15218994"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-66884-68615:a6931beada670517702107f5ebb7a4a7ea491223d61481cca16e8cbc79028ce7",
      "character_start": 66884,
      "character_end": 68615,
      "utf8_byte_start": 67176,
      "utf8_byte_end": 68909,
      "passage_sha256": "a6931beada670517702107f5ebb7a4a7ea491223d61481cca16e8cbc79028ce7",
      "reader_fragment": "p-66884-68615-a6931beada670517"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-68615-70390:f3de20a145a9ddbda00b74e1b6409144f3f09e7d387e894a7498da1a9f706b4a",
      "character_start": 68615,
      "character_end": 70390,
      "utf8_byte_start": 68909,
      "utf8_byte_end": 70684,
      "passage_sha256": "f3de20a145a9ddbda00b74e1b6409144f3f09e7d387e894a7498da1a9f706b4a",
      "reader_fragment": "p-68615-70390-f3de20a145a9ddbd"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-70390-72164:418d8ec53790ba76f4bc7baa8c62840d4b4093604215d9abf5216cc3635ea05c",
      "character_start": 70390,
      "character_end": 72164,
      "utf8_byte_start": 70684,
      "utf8_byte_end": 72460,
      "passage_sha256": "418d8ec53790ba76f4bc7baa8c62840d4b4093604215d9abf5216cc3635ea05c",
      "reader_fragment": "p-70390-72164-418d8ec53790ba76"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-72164-73934:cf0e401612ba1e8901e4de8bfd4dd0a0a6152719b284ce7ffaabf15e035948d6",
      "character_start": 72164,
      "character_end": 73934,
      "utf8_byte_start": 72460,
      "utf8_byte_end": 74230,
      "passage_sha256": "cf0e401612ba1e8901e4de8bfd4dd0a0a6152719b284ce7ffaabf15e035948d6",
      "reader_fragment": "p-72164-73934-cf0e401612ba1e89"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-73934-75668:ef682f10a90657773adf4973a73893f1ed58421e076aa7b2f4955f28368c77eb",
      "character_start": 73934,
      "character_end": 75668,
      "utf8_byte_start": 74230,
      "utf8_byte_end": 75968,
      "passage_sha256": "ef682f10a90657773adf4973a73893f1ed58421e076aa7b2f4955f28368c77eb",
      "reader_fragment": "p-73934-75668-ef682f10a9065777"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-75668-77376:265295db3aaef32c4034a3a06450c23bbdadc1551f07ecde61250583e052c4d4",
      "character_start": 75668,
      "character_end": 77376,
      "utf8_byte_start": 75968,
      "utf8_byte_end": 77676,
      "passage_sha256": "265295db3aaef32c4034a3a06450c23bbdadc1551f07ecde61250583e052c4d4",
      "reader_fragment": "p-75668-77376-265295db3aaef32c"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-77376-79126:f3805571333b1cec533bbff4a26d9be8eac628fdb62cd0ed3851a4f2374ad787",
      "character_start": 77376,
      "character_end": 79126,
      "utf8_byte_start": 77676,
      "utf8_byte_end": 79426,
      "passage_sha256": "f3805571333b1cec533bbff4a26d9be8eac628fdb62cd0ed3851a4f2374ad787",
      "reader_fragment": "p-77376-79126-f3805571333b1cec"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-79126-80869:3d398775a47240ab24e0060a10889f5763bedff0f736db11a2cd466d08905487",
      "character_start": 79126,
      "character_end": 80869,
      "utf8_byte_start": 79426,
      "utf8_byte_end": 81169,
      "passage_sha256": "3d398775a47240ab24e0060a10889f5763bedff0f736db11a2cd466d08905487",
      "reader_fragment": "p-79126-80869-3d398775a47240ab"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-80869-82576:6de909a058ea13e5831f285778bad92dae1d20363e46380e5923b854bcf97f94",
      "character_start": 80869,
      "character_end": 82576,
      "utf8_byte_start": 81169,
      "utf8_byte_end": 82876,
      "passage_sha256": "6de909a058ea13e5831f285778bad92dae1d20363e46380e5923b854bcf97f94",
      "reader_fragment": "p-80869-82576-6de909a058ea13e5"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-82576-84310:29c06ff0cde50ac821b9f39738d0801d09ef5a4fd8ff7e1b3bac4a1e28fc7396",
      "character_start": 82576,
      "character_end": 84310,
      "utf8_byte_start": 82876,
      "utf8_byte_end": 84618,
      "passage_sha256": "29c06ff0cde50ac821b9f39738d0801d09ef5a4fd8ff7e1b3bac4a1e28fc7396",
      "reader_fragment": "p-82576-84310-29c06ff0cde50ac8"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-84310-86057:eeb09284e356baed01ca15dd83d47d1063cee698f523b739ba8528069c9225ce",
      "character_start": 84310,
      "character_end": 86057,
      "utf8_byte_start": 84618,
      "utf8_byte_end": 86373,
      "passage_sha256": "eeb09284e356baed01ca15dd83d47d1063cee698f523b739ba8528069c9225ce",
      "reader_fragment": "p-84310-86057-eeb09284e356baed"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-86057-87779:9afee17b03f7bc57bdd657dcfb1a4a8e9c545c1382f6ba895839c8cd10dce3b5",
      "character_start": 86057,
      "character_end": 87779,
      "utf8_byte_start": 86373,
      "utf8_byte_end": 88099,
      "passage_sha256": "9afee17b03f7bc57bdd657dcfb1a4a8e9c545c1382f6ba895839c8cd10dce3b5",
      "reader_fragment": "p-86057-87779-9afee17b03f7bc57"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-87779-89509:4b337cd4577bcf8ab5bb89436a570cd35537d6f8d44ad9543f5b2bed9731bef7",
      "character_start": 87779,
      "character_end": 89509,
      "utf8_byte_start": 88099,
      "utf8_byte_end": 89831,
      "passage_sha256": "4b337cd4577bcf8ab5bb89436a570cd35537d6f8d44ad9543f5b2bed9731bef7",
      "reader_fragment": "p-87779-89509-4b337cd4577bcf8a"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-89509-91278:866416aca55743890544c4acd55166526e3c4ee023932fd64dbdc66cdd2a33c0",
      "character_start": 89509,
      "character_end": 91278,
      "utf8_byte_start": 89831,
      "utf8_byte_end": 91602,
      "passage_sha256": "866416aca55743890544c4acd55166526e3c4ee023932fd64dbdc66cdd2a33c0",
      "reader_fragment": "p-89509-91278-866416aca5574389"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-91278-93054:e2d64e64e1ffffcd353d35fde16ba8d0c284aa0c07561951816ce65b202ff7b3",
      "character_start": 91278,
      "character_end": 93054,
      "utf8_byte_start": 91602,
      "utf8_byte_end": 93378,
      "passage_sha256": "e2d64e64e1ffffcd353d35fde16ba8d0c284aa0c07561951816ce65b202ff7b3",
      "reader_fragment": "p-91278-93054-e2d64e64e1ffffcd"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-93054-94821:ddc5f6f59b848010adf8dfac35c1e41f6531b298474fa998f65031820415340c",
      "character_start": 93054,
      "character_end": 94821,
      "utf8_byte_start": 93378,
      "utf8_byte_end": 95147,
      "passage_sha256": "ddc5f6f59b848010adf8dfac35c1e41f6531b298474fa998f65031820415340c",
      "reader_fragment": "p-93054-94821-ddc5f6f59b848010"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-94821-96568:1695b051d61e7a28f78bd12e044d58387136ea59cdd6030bd2a5ee97f7ede408",
      "character_start": 94821,
      "character_end": 96568,
      "utf8_byte_start": 95147,
      "utf8_byte_end": 96894,
      "passage_sha256": "1695b051d61e7a28f78bd12e044d58387136ea59cdd6030bd2a5ee97f7ede408",
      "reader_fragment": "p-94821-96568-1695b051d61e7a28"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-96568-98342:49ffc3f01eb714c84100e8d28a1aec4b84c92a5d9272481a19979ba14c91e3b1",
      "character_start": 96568,
      "character_end": 98342,
      "utf8_byte_start": 96894,
      "utf8_byte_end": 98668,
      "passage_sha256": "49ffc3f01eb714c84100e8d28a1aec4b84c92a5d9272481a19979ba14c91e3b1",
      "reader_fragment": "p-96568-98342-49ffc3f01eb714c8"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-98342-100100:4e5c812ed2b3487f0058263f656e905b2ad253985ec9f866e57f8fbc6f9a3937",
      "character_start": 98342,
      "character_end": 100100,
      "utf8_byte_start": 98668,
      "utf8_byte_end": 100428,
      "passage_sha256": "4e5c812ed2b3487f0058263f656e905b2ad253985ec9f866e57f8fbc6f9a3937",
      "reader_fragment": "p-98342-100100-4e5c812ed2b3487f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-100100-101863:35b6de71067b6a84f0758f0b42e1366bc89de118433ab4a0d0da50a5cf6bda4d",
      "character_start": 100100,
      "character_end": 101863,
      "utf8_byte_start": 100428,
      "utf8_byte_end": 102191,
      "passage_sha256": "35b6de71067b6a84f0758f0b42e1366bc89de118433ab4a0d0da50a5cf6bda4d",
      "reader_fragment": "p-100100-101863-35b6de71067b6a84"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-101863-103622:55f6c91c6317b600a190b9733df02218abe49d2051d39b464245a3ec3afd3ce5",
      "character_start": 101863,
      "character_end": 103622,
      "utf8_byte_start": 102191,
      "utf8_byte_end": 103950,
      "passage_sha256": "55f6c91c6317b600a190b9733df02218abe49d2051d39b464245a3ec3afd3ce5",
      "reader_fragment": "p-101863-103622-55f6c91c6317b600"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-103622-105422:d0a756bfbb3762af68a80105e024499bce794812a4e75565cb53e0e09bfc5461",
      "character_start": 103622,
      "character_end": 105422,
      "utf8_byte_start": 103950,
      "utf8_byte_end": 105750,
      "passage_sha256": "d0a756bfbb3762af68a80105e024499bce794812a4e75565cb53e0e09bfc5461",
      "reader_fragment": "p-103622-105422-d0a756bfbb3762af"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-105422-107173:a3ba61e105fbd4ae0507606d47a487572d8f19ecc8a34b3514e470fc1baadf39",
      "character_start": 105422,
      "character_end": 107173,
      "utf8_byte_start": 105750,
      "utf8_byte_end": 107505,
      "passage_sha256": "a3ba61e105fbd4ae0507606d47a487572d8f19ecc8a34b3514e470fc1baadf39",
      "reader_fragment": "p-105422-107173-a3ba61e105fbd4ae"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-107173-108951:89547fffc2ee778c36d3a7547ce16ac167280c57400c51594b0c2642cc6a6a67",
      "character_start": 107173,
      "character_end": 108951,
      "utf8_byte_start": 107505,
      "utf8_byte_end": 109287,
      "passage_sha256": "89547fffc2ee778c36d3a7547ce16ac167280c57400c51594b0c2642cc6a6a67",
      "reader_fragment": "p-107173-108951-89547fffc2ee778c"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-108951-110714:b7987fb98a64e72630e278bf5118b56f210351649ea7e44476f87c539b38615e",
      "character_start": 108951,
      "character_end": 110714,
      "utf8_byte_start": 109287,
      "utf8_byte_end": 111054,
      "passage_sha256": "b7987fb98a64e72630e278bf5118b56f210351649ea7e44476f87c539b38615e",
      "reader_fragment": "p-108951-110714-b7987fb98a64e726"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-110714-112482:0b293c5c0ce69884011c3721154c2979fae7b34aaf86460c64596d69231556b2",
      "character_start": 110714,
      "character_end": 112482,
      "utf8_byte_start": 111054,
      "utf8_byte_end": 112822,
      "passage_sha256": "0b293c5c0ce69884011c3721154c2979fae7b34aaf86460c64596d69231556b2",
      "reader_fragment": "p-110714-112482-0b293c5c0ce69884"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-112482-114217:d366fca64e7461b5ac333ef624e3a8a3bf8a151b8d6dbeb02af8d67c087d5c8d",
      "character_start": 112482,
      "character_end": 114217,
      "utf8_byte_start": 112822,
      "utf8_byte_end": 114557,
      "passage_sha256": "d366fca64e7461b5ac333ef624e3a8a3bf8a151b8d6dbeb02af8d67c087d5c8d",
      "reader_fragment": "p-112482-114217-d366fca64e7461b5"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-114217-115981:5b9d14941557d8f1596a8f9093dd1d1f23d5242ace4670e4954abc57dca70772",
      "character_start": 114217,
      "character_end": 115981,
      "utf8_byte_start": 114557,
      "utf8_byte_end": 116323,
      "passage_sha256": "5b9d14941557d8f1596a8f9093dd1d1f23d5242ace4670e4954abc57dca70772",
      "reader_fragment": "p-114217-115981-5b9d14941557d8f1"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-115981-117781:fe6b218463ec382081647fe9a19d3478fa6c9fca4ed1a3f8e37f598f23ddb340",
      "character_start": 115981,
      "character_end": 117781,
      "utf8_byte_start": 116323,
      "utf8_byte_end": 118123,
      "passage_sha256": "fe6b218463ec382081647fe9a19d3478fa6c9fca4ed1a3f8e37f598f23ddb340",
      "reader_fragment": "p-115981-117781-fe6b218463ec3820"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-117781-119534:2aebcd97e6b3192a73d859fbbf8be407dc3a620c58baf86fb038cdf35a852be1",
      "character_start": 117781,
      "character_end": 119534,
      "utf8_byte_start": 118123,
      "utf8_byte_end": 119876,
      "passage_sha256": "2aebcd97e6b3192a73d859fbbf8be407dc3a620c58baf86fb038cdf35a852be1",
      "reader_fragment": "p-117781-119534-2aebcd97e6b3192a"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-119534-121303:b4279fcd70e174fcc2017c2b0d0108d39f9be78952076b716dcf4243d12e6749",
      "character_start": 119534,
      "character_end": 121303,
      "utf8_byte_start": 119876,
      "utf8_byte_end": 121647,
      "passage_sha256": "b4279fcd70e174fcc2017c2b0d0108d39f9be78952076b716dcf4243d12e6749",
      "reader_fragment": "p-119534-121303-b4279fcd70e174fc"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-121303-123021:8e905778c8b7171da25347aba492943236df1b120761a05fca66f33f3b499025",
      "character_start": 121303,
      "character_end": 123021,
      "utf8_byte_start": 121647,
      "utf8_byte_end": 123365,
      "passage_sha256": "8e905778c8b7171da25347aba492943236df1b120761a05fca66f33f3b499025",
      "reader_fragment": "p-121303-123021-8e905778c8b7171d"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-123021-124771:19c3aff1f751e568c66adb8226fee3bc746d0e6cb51a372a41c875e6d69d8988",
      "character_start": 123021,
      "character_end": 124771,
      "utf8_byte_start": 123365,
      "utf8_byte_end": 125123,
      "passage_sha256": "19c3aff1f751e568c66adb8226fee3bc746d0e6cb51a372a41c875e6d69d8988",
      "reader_fragment": "p-123021-124771-19c3aff1f751e568"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-124771-126560:5e639347fe0bc61e427f40a5e052b5d42635e08dd8dfbc99a870b13ae409f118",
      "character_start": 124771,
      "character_end": 126560,
      "utf8_byte_start": 125123,
      "utf8_byte_end": 126912,
      "passage_sha256": "5e639347fe0bc61e427f40a5e052b5d42635e08dd8dfbc99a870b13ae409f118",
      "reader_fragment": "p-124771-126560-5e639347fe0bc61e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-126560-128311:633001550788078f4b9260cf71dcb31732bcb18dcad0074ded9216224083f3c5",
      "character_start": 126560,
      "character_end": 128311,
      "utf8_byte_start": 126912,
      "utf8_byte_end": 128665,
      "passage_sha256": "633001550788078f4b9260cf71dcb31732bcb18dcad0074ded9216224083f3c5",
      "reader_fragment": "p-126560-128311-633001550788078f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-128311-130085:0defa8e12082823ebb0780a738d0ec990b53a3d8bdc5b5df01e0bcad2fec18f2",
      "character_start": 128311,
      "character_end": 130085,
      "utf8_byte_start": 128665,
      "utf8_byte_end": 130439,
      "passage_sha256": "0defa8e12082823ebb0780a738d0ec990b53a3d8bdc5b5df01e0bcad2fec18f2",
      "reader_fragment": "p-128311-130085-0defa8e12082823e"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-130085-131873:74555f7f36f28f8f5273b110357dd64b4d74ced6b546cf26b1e11c0ec630ba75",
      "character_start": 130085,
      "character_end": 131873,
      "utf8_byte_start": 130439,
      "utf8_byte_end": 132227,
      "passage_sha256": "74555f7f36f28f8f5273b110357dd64b4d74ced6b546cf26b1e11c0ec630ba75",
      "reader_fragment": "p-130085-131873-74555f7f36f28f8f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-131873-133653:9541966fdf49f8ca66312901338f4f81bd2887723a334d38a4935ecb26065d19",
      "character_start": 131873,
      "character_end": 133653,
      "utf8_byte_start": 132227,
      "utf8_byte_end": 134007,
      "passage_sha256": "9541966fdf49f8ca66312901338f4f81bd2887723a334d38a4935ecb26065d19",
      "reader_fragment": "p-131873-133653-9541966fdf49f8ca"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-133653-135435:9673c8ec567a0037f317b192767b6eb685a0656f18239cca5c17b13456c0cd5a",
      "character_start": 133653,
      "character_end": 135435,
      "utf8_byte_start": 134007,
      "utf8_byte_end": 135807,
      "passage_sha256": "9673c8ec567a0037f317b192767b6eb685a0656f18239cca5c17b13456c0cd5a",
      "reader_fragment": "p-133653-135435-9673c8ec567a0037"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-135435-137224:054b5ac218525629a8d8bf7a29d24a32555daa5519e4baae458da311dc8bba21",
      "character_start": 135435,
      "character_end": 137224,
      "utf8_byte_start": 135807,
      "utf8_byte_end": 137596,
      "passage_sha256": "054b5ac218525629a8d8bf7a29d24a32555daa5519e4baae458da311dc8bba21",
      "reader_fragment": "p-135435-137224-054b5ac218525629"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-137224-138971:ff1f0e93eca99b4f3e7ce5d6463a6dfb3f5ed54000b1c83982cdb9885f59f8de",
      "character_start": 137224,
      "character_end": 138971,
      "utf8_byte_start": 137596,
      "utf8_byte_end": 139343,
      "passage_sha256": "ff1f0e93eca99b4f3e7ce5d6463a6dfb3f5ed54000b1c83982cdb9885f59f8de",
      "reader_fragment": "p-137224-138971-ff1f0e93eca99b4f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-138971-140757:d24d974221f9006a92877fbc3fee4a36112c680f3015833d307b4639a9f8edd9",
      "character_start": 138971,
      "character_end": 140757,
      "utf8_byte_start": 139343,
      "utf8_byte_end": 141133,
      "passage_sha256": "d24d974221f9006a92877fbc3fee4a36112c680f3015833d307b4639a9f8edd9",
      "reader_fragment": "p-138971-140757-d24d974221f9006a"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-140757-142522:9a558e356d593d785019258259dde4f3073436497df0a132c35ca2525033a6c6",
      "character_start": 140757,
      "character_end": 142522,
      "utf8_byte_start": 141133,
      "utf8_byte_end": 142898,
      "passage_sha256": "9a558e356d593d785019258259dde4f3073436497df0a132c35ca2525033a6c6",
      "reader_fragment": "p-140757-142522-9a558e356d593d78"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-142522-144260:98021c9f1fe790624d4e430b8f76678994813b7289be1fabe84f2f8fb40527a1",
      "character_start": 142522,
      "character_end": 144260,
      "utf8_byte_start": 142898,
      "utf8_byte_end": 144636,
      "passage_sha256": "98021c9f1fe790624d4e430b8f76678994813b7289be1fabe84f2f8fb40527a1",
      "reader_fragment": "p-142522-144260-98021c9f1fe79062"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-144260-145983:f350dc29a7f1716538af3de5ef4ba30bb391f22b7be2fc976a7d4c6fdbf2a3ac",
      "character_start": 144260,
      "character_end": 145983,
      "utf8_byte_start": 144636,
      "utf8_byte_end": 146395,
      "passage_sha256": "f350dc29a7f1716538af3de5ef4ba30bb391f22b7be2fc976a7d4c6fdbf2a3ac",
      "reader_fragment": "p-144260-145983-f350dc29a7f17165"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-145983-147748:af2a0cb7a28bb09596b4fd57db2730c8e53b65dee4b09c5ae8da54c0ed424e5b",
      "character_start": 145983,
      "character_end": 147748,
      "utf8_byte_start": 146395,
      "utf8_byte_end": 148188,
      "passage_sha256": "af2a0cb7a28bb09596b4fd57db2730c8e53b65dee4b09c5ae8da54c0ed424e5b",
      "reader_fragment": "p-145983-147748-af2a0cb7a28bb095"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-147748-149532:35fba62cb23d741563f93f0ddb10448e00fd5173338b29daa030b8021bd0e2fa",
      "character_start": 147748,
      "character_end": 149532,
      "utf8_byte_start": 148188,
      "utf8_byte_end": 149972,
      "passage_sha256": "35fba62cb23d741563f93f0ddb10448e00fd5173338b29daa030b8021bd0e2fa",
      "reader_fragment": "p-147748-149532-35fba62cb23d7415"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-149532-151250:bbb0ebefea8900a21657284773bee4a9cf141832edc23feefd447985164c51d5",
      "character_start": 149532,
      "character_end": 151250,
      "utf8_byte_start": 149972,
      "utf8_byte_end": 151690,
      "passage_sha256": "bbb0ebefea8900a21657284773bee4a9cf141832edc23feefd447985164c51d5",
      "reader_fragment": "p-149532-151250-bbb0ebefea8900a2"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-151250-153035:071f4ff1f21711a067f1a915909fc615088fe479414aa55d027e04edac8dab6a",
      "character_start": 151250,
      "character_end": 153035,
      "utf8_byte_start": 151690,
      "utf8_byte_end": 153475,
      "passage_sha256": "071f4ff1f21711a067f1a915909fc615088fe479414aa55d027e04edac8dab6a",
      "reader_fragment": "p-151250-153035-071f4ff1f21711a0"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-153035-154800:6309a54ee0be1931008d058565bef3d564426dc920d33fcf914b063848e0bba4",
      "character_start": 153035,
      "character_end": 154800,
      "utf8_byte_start": 153475,
      "utf8_byte_end": 155240,
      "passage_sha256": "6309a54ee0be1931008d058565bef3d564426dc920d33fcf914b063848e0bba4",
      "reader_fragment": "p-153035-154800-6309a54ee0be1931"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-154800-156593:564fb773310cef5b789372c4ae13097d77e0483b51d1e36c6debd93bddff19a9",
      "character_start": 154800,
      "character_end": 156593,
      "utf8_byte_start": 155240,
      "utf8_byte_end": 157033,
      "passage_sha256": "564fb773310cef5b789372c4ae13097d77e0483b51d1e36c6debd93bddff19a9",
      "reader_fragment": "p-154800-156593-564fb773310cef5b"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-156593-158384:ee7b6a3f4bb7df58d40b6a0e0aec88b6724b5cf56780a9efe5ba45e75f0cc7f9",
      "character_start": 156593,
      "character_end": 158384,
      "utf8_byte_start": 157033,
      "utf8_byte_end": 158824,
      "passage_sha256": "ee7b6a3f4bb7df58d40b6a0e0aec88b6724b5cf56780a9efe5ba45e75f0cc7f9",
      "reader_fragment": "p-156593-158384-ee7b6a3f4bb7df58"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-158384-160179:59c6e7c27a5e9b9a3995c0e4c1ed1221ac62f6bdd414633b2c23a7d89d16c6a4",
      "character_start": 158384,
      "character_end": 160179,
      "utf8_byte_start": 158824,
      "utf8_byte_end": 160625,
      "passage_sha256": "59c6e7c27a5e9b9a3995c0e4c1ed1221ac62f6bdd414633b2c23a7d89d16c6a4",
      "reader_fragment": "p-158384-160179-59c6e7c27a5e9b9a"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-160179-161915:ad1d5a59879e8dee40f8819c93641f1d453e9c91e949cfc667d1b284d434fc53",
      "character_start": 160179,
      "character_end": 161915,
      "utf8_byte_start": 160625,
      "utf8_byte_end": 162361,
      "passage_sha256": "ad1d5a59879e8dee40f8819c93641f1d453e9c91e949cfc667d1b284d434fc53",
      "reader_fragment": "p-160179-161915-ad1d5a59879e8dee"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-161915-163690:588d0ac291d9dac09debaa14dc100afab568a61ce29d2d621df8bed145bded87",
      "character_start": 161915,
      "character_end": 163690,
      "utf8_byte_start": 162361,
      "utf8_byte_end": 164136,
      "passage_sha256": "588d0ac291d9dac09debaa14dc100afab568a61ce29d2d621df8bed145bded87",
      "reader_fragment": "p-161915-163690-588d0ac291d9dac0"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-163690-165488:28b524a2ab44e0ba1a1e6473615acadffa65651c199fa15d7b87829f5841d01b",
      "character_start": 163690,
      "character_end": 165488,
      "utf8_byte_start": 164136,
      "utf8_byte_end": 165944,
      "passage_sha256": "28b524a2ab44e0ba1a1e6473615acadffa65651c199fa15d7b87829f5841d01b",
      "reader_fragment": "p-163690-165488-28b524a2ab44e0ba"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-165488-167206:111034139f2604b7d14fed23741f2a7ab53164b46a93096b7bc44101ba3708d3",
      "character_start": 165488,
      "character_end": 167206,
      "utf8_byte_start": 165944,
      "utf8_byte_end": 167662,
      "passage_sha256": "111034139f2604b7d14fed23741f2a7ab53164b46a93096b7bc44101ba3708d3",
      "reader_fragment": "p-165488-167206-111034139f2604b7"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-167206-169000:11d24345f4586befccaa34e686d2fab45c4ff1c7a3c80fff93b00f0af5b16bfa",
      "character_start": 167206,
      "character_end": 169000,
      "utf8_byte_start": 167662,
      "utf8_byte_end": 169458,
      "passage_sha256": "11d24345f4586befccaa34e686d2fab45c4ff1c7a3c80fff93b00f0af5b16bfa",
      "reader_fragment": "p-167206-169000-11d24345f4586bef"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-169000-170732:a3b5990c4aedcdb8d968d392f82f4d43ef47489d3184fb79cb31ca435cd647f1",
      "character_start": 169000,
      "character_end": 170732,
      "utf8_byte_start": 169458,
      "utf8_byte_end": 171190,
      "passage_sha256": "a3b5990c4aedcdb8d968d392f82f4d43ef47489d3184fb79cb31ca435cd647f1",
      "reader_fragment": "p-169000-170732-a3b5990c4aedcdb8"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-170732-172444:ef287976d815d712826c67d95f8841062b114da4361024db046ac61fc9d6e25f",
      "character_start": 170732,
      "character_end": 172444,
      "utf8_byte_start": 171190,
      "utf8_byte_end": 172902,
      "passage_sha256": "ef287976d815d712826c67d95f8841062b114da4361024db046ac61fc9d6e25f",
      "reader_fragment": "p-170732-172444-ef287976d815d712"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-172444-174204:f4e239e498051cbedb537c63c36120d28d8b6543508cde232401f3014c2cc85f",
      "character_start": 172444,
      "character_end": 174204,
      "utf8_byte_start": 172902,
      "utf8_byte_end": 174662,
      "passage_sha256": "f4e239e498051cbedb537c63c36120d28d8b6543508cde232401f3014c2cc85f",
      "reader_fragment": "p-172444-174204-f4e239e498051cbe"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-174204-175970:03d4a0302778f1d1f8b47768a30ef7d88cff7018c5c92cc6be5c266d594ceacd",
      "character_start": 174204,
      "character_end": 175970,
      "utf8_byte_start": 174662,
      "utf8_byte_end": 176428,
      "passage_sha256": "03d4a0302778f1d1f8b47768a30ef7d88cff7018c5c92cc6be5c266d594ceacd",
      "reader_fragment": "p-174204-175970-03d4a0302778f1d1"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-175970-177720:7d6e8aad68819c036ce3223d25de391e863c753096c21052e977b52f83ea764a",
      "character_start": 175970,
      "character_end": 177720,
      "utf8_byte_start": 176428,
      "utf8_byte_end": 178178,
      "passage_sha256": "7d6e8aad68819c036ce3223d25de391e863c753096c21052e977b52f83ea764a",
      "reader_fragment": "p-175970-177720-7d6e8aad68819c03"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-177720-179488:38fcb95dec84b7845dd49e2073a80be025cb8f0deafe6ceef58a8783d52f26ef",
      "character_start": 177720,
      "character_end": 179488,
      "utf8_byte_start": 178178,
      "utf8_byte_end": 179946,
      "passage_sha256": "38fcb95dec84b7845dd49e2073a80be025cb8f0deafe6ceef58a8783d52f26ef",
      "reader_fragment": "p-177720-179488-38fcb95dec84b784"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-179488-181285:a625fd3ee2e859bc5c0f432b1971c58054553b90eef83a87b9770afbaea617f9",
      "character_start": 179488,
      "character_end": 181285,
      "utf8_byte_start": 179946,
      "utf8_byte_end": 181743,
      "passage_sha256": "a625fd3ee2e859bc5c0f432b1971c58054553b90eef83a87b9770afbaea617f9",
      "reader_fragment": "p-179488-181285-a625fd3ee2e859bc"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-181285-183009:bc04c330a7e0abe2f115c330d8e087dbde0997ccf02415055cd605f2ed74b5f8",
      "character_start": 181285,
      "character_end": 183009,
      "utf8_byte_start": 181743,
      "utf8_byte_end": 183467,
      "passage_sha256": "bc04c330a7e0abe2f115c330d8e087dbde0997ccf02415055cd605f2ed74b5f8",
      "reader_fragment": "p-181285-183009-bc04c330a7e0abe2"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-183009-184806:6eb096ed01f0e4dd3cb3a37b3641c76d83ffddcc661840b16b81f8c0373f875e",
      "character_start": 183009,
      "character_end": 184806,
      "utf8_byte_start": 183467,
      "utf8_byte_end": 185264,
      "passage_sha256": "6eb096ed01f0e4dd3cb3a37b3641c76d83ffddcc661840b16b81f8c0373f875e",
      "reader_fragment": "p-183009-184806-6eb096ed01f0e4dd"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-184806-186564:db68d56dc95fed2793dcf96ac2005d78fdbc2d7c7dc7801fb854931b6a380530",
      "character_start": 184806,
      "character_end": 186564,
      "utf8_byte_start": 185264,
      "utf8_byte_end": 187022,
      "passage_sha256": "db68d56dc95fed2793dcf96ac2005d78fdbc2d7c7dc7801fb854931b6a380530",
      "reader_fragment": "p-184806-186564-db68d56dc95fed27"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-186564-188311:dfbc74e0fbbdce949c7cc7ad19b1622d2fc9667e3f9b0fd3afea968011f084bd",
      "character_start": 186564,
      "character_end": 188311,
      "utf8_byte_start": 187022,
      "utf8_byte_end": 188769,
      "passage_sha256": "dfbc74e0fbbdce949c7cc7ad19b1622d2fc9667e3f9b0fd3afea968011f084bd",
      "reader_fragment": "p-186564-188311-dfbc74e0fbbdce94"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-188311-190032:a1ee190e5703abf82f3fc0ba54d8118c235f4c046ea5f30713cb0b3df05d710a",
      "character_start": 188311,
      "character_end": 190032,
      "utf8_byte_start": 188769,
      "utf8_byte_end": 190490,
      "passage_sha256": "a1ee190e5703abf82f3fc0ba54d8118c235f4c046ea5f30713cb0b3df05d710a",
      "reader_fragment": "p-188311-190032-a1ee190e5703abf8"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-190032-191779:a015ac755da5bf07e98c1adaba3bc3af2e150414a8c1ec91966c6a535816e231",
      "character_start": 190032,
      "character_end": 191779,
      "utf8_byte_start": 190490,
      "utf8_byte_end": 192237,
      "passage_sha256": "a015ac755da5bf07e98c1adaba3bc3af2e150414a8c1ec91966c6a535816e231",
      "reader_fragment": "p-190032-191779-a015ac755da5bf07"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-191779-193577:5b7c424beb2d78f8bffe8509d406d7ea1c6a1f7107e1fab4c548bdfa167de2f0",
      "character_start": 191779,
      "character_end": 193577,
      "utf8_byte_start": 192237,
      "utf8_byte_end": 194035,
      "passage_sha256": "5b7c424beb2d78f8bffe8509d406d7ea1c6a1f7107e1fab4c548bdfa167de2f0",
      "reader_fragment": "p-191779-193577-5b7c424beb2d78f8"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-193577-195375:1cd2f099408486dce899c0fe6b742f5ad88f68b6c9b98827570511b16a2264c9",
      "character_start": 193577,
      "character_end": 195375,
      "utf8_byte_start": 194035,
      "utf8_byte_end": 195833,
      "passage_sha256": "1cd2f099408486dce899c0fe6b742f5ad88f68b6c9b98827570511b16a2264c9",
      "reader_fragment": "p-193577-195375-1cd2f099408486dc"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-195375-197160:c205ad65150f133c0820c88b07e4bfb2da591fdcf327cf102d654680d7ce4a18",
      "character_start": 195375,
      "character_end": 197160,
      "utf8_byte_start": 195833,
      "utf8_byte_end": 197618,
      "passage_sha256": "c205ad65150f133c0820c88b07e4bfb2da591fdcf327cf102d654680d7ce4a18",
      "reader_fragment": "p-195375-197160-c205ad65150f133c"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-197160-198958:f0db3daefe924bfd6afea69b42780cb3262aa5da5a047d27191bec4e04d7612d",
      "character_start": 197160,
      "character_end": 198958,
      "utf8_byte_start": 197618,
      "utf8_byte_end": 199416,
      "passage_sha256": "f0db3daefe924bfd6afea69b42780cb3262aa5da5a047d27191bec4e04d7612d",
      "reader_fragment": "p-197160-198958-f0db3daefe924bfd"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-198958-200682:c4f1cdb79d7ccaad00757ac74fa585cf36fcec88989687e3d855d768d523a5a6",
      "character_start": 198958,
      "character_end": 200682,
      "utf8_byte_start": 199416,
      "utf8_byte_end": 201140,
      "passage_sha256": "c4f1cdb79d7ccaad00757ac74fa585cf36fcec88989687e3d855d768d523a5a6",
      "reader_fragment": "p-198958-200682-c4f1cdb79d7ccaad"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-200682-202413:0a2a1f87593f3d7b556c67c24f3c77c48ce2a4a066dd0f3991203eb078c1aee9",
      "character_start": 200682,
      "character_end": 202413,
      "utf8_byte_start": 201140,
      "utf8_byte_end": 202873,
      "passage_sha256": "0a2a1f87593f3d7b556c67c24f3c77c48ce2a4a066dd0f3991203eb078c1aee9",
      "reader_fragment": "p-200682-202413-0a2a1f87593f3d7b"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-202413-204151:e899e87a84115acafb3374a9a9ec438528cd1ee807fb4aab251e10bc7b644109",
      "character_start": 202413,
      "character_end": 204151,
      "utf8_byte_start": 202873,
      "utf8_byte_end": 204615,
      "passage_sha256": "e899e87a84115acafb3374a9a9ec438528cd1ee807fb4aab251e10bc7b644109",
      "reader_fragment": "p-202413-204151-e899e87a84115aca"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-204151-205847:c7c0fa0acf4643754dc64fc3f560ea9ab1e9f253ff5454325e6f81f4542e015b",
      "character_start": 204151,
      "character_end": 205847,
      "utf8_byte_start": 204615,
      "utf8_byte_end": 206313,
      "passage_sha256": "c7c0fa0acf4643754dc64fc3f560ea9ab1e9f253ff5454325e6f81f4542e015b",
      "reader_fragment": "p-204151-205847-c7c0fa0acf464375"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-205847-207624:5df535ce192938804419090f9deaaa1dff48172661886762a6ec5a76135ce983",
      "character_start": 205847,
      "character_end": 207624,
      "utf8_byte_start": 206313,
      "utf8_byte_end": 208090,
      "passage_sha256": "5df535ce192938804419090f9deaaa1dff48172661886762a6ec5a76135ce983",
      "reader_fragment": "p-205847-207624-5df535ce19293880"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-207624-209363:3de55109a92dc31d66f4f5987624a97cf0e4fe6bf0b5dcc952ce2c158ac0455a",
      "character_start": 207624,
      "character_end": 209363,
      "utf8_byte_start": 208090,
      "utf8_byte_end": 209831,
      "passage_sha256": "3de55109a92dc31d66f4f5987624a97cf0e4fe6bf0b5dcc952ce2c158ac0455a",
      "reader_fragment": "p-207624-209363-3de55109a92dc31d"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-209363-211149:c8de61158abb154b2b09d86683406a9f127f833035fa59115d28c599b8177678",
      "character_start": 209363,
      "character_end": 211149,
      "utf8_byte_start": 209831,
      "utf8_byte_end": 211617,
      "passage_sha256": "c8de61158abb154b2b09d86683406a9f127f833035fa59115d28c599b8177678",
      "reader_fragment": "p-209363-211149-c8de61158abb154b"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-211149-212898:b74f7308e6e9e139d88c56bfc488bc797787d266ee131fb80e69bad7eff4da0a",
      "character_start": 211149,
      "character_end": 212898,
      "utf8_byte_start": 211617,
      "utf8_byte_end": 213366,
      "passage_sha256": "b74f7308e6e9e139d88c56bfc488bc797787d266ee131fb80e69bad7eff4da0a",
      "reader_fragment": "p-211149-212898-b74f7308e6e9e139"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-212898-214678:a25bb0006b36958257245f9fafeda5f7375e83db158705a52cd1f2754567c5af",
      "character_start": 212898,
      "character_end": 214678,
      "utf8_byte_start": 213366,
      "utf8_byte_end": 215158,
      "passage_sha256": "a25bb0006b36958257245f9fafeda5f7375e83db158705a52cd1f2754567c5af",
      "reader_fragment": "p-212898-214678-a25bb0006b369582"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-214678-216459:7d824febf7356c2504aa8122c817efccc150e97ee84f2d5c03a297f151180126",
      "character_start": 214678,
      "character_end": 216459,
      "utf8_byte_start": 215158,
      "utf8_byte_end": 216939,
      "passage_sha256": "7d824febf7356c2504aa8122c817efccc150e97ee84f2d5c03a297f151180126",
      "reader_fragment": "p-214678-216459-7d824febf7356c25"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-216459-218153:f6b7807be22dee7fa39b6dd07824b25dfafe241513faf18e00f3656f9c7d3d62",
      "character_start": 216459,
      "character_end": 218153,
      "utf8_byte_start": 216939,
      "utf8_byte_end": 218633,
      "passage_sha256": "f6b7807be22dee7fa39b6dd07824b25dfafe241513faf18e00f3656f9c7d3d62",
      "reader_fragment": "p-216459-218153-f6b7807be22dee7f"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-218153-219922:b628956cca836b4092baf4a31edf4cd095b4134b690236ef843feec506f2c96b",
      "character_start": 218153,
      "character_end": 219922,
      "utf8_byte_start": 218633,
      "utf8_byte_end": 220402,
      "passage_sha256": "b628956cca836b4092baf4a31edf4cd095b4134b690236ef843feec506f2c96b",
      "reader_fragment": "p-218153-219922-b628956cca836b40"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-219922-221708:a6049350335c0e36a1d3e82871cdd4f4c66993800b4fadd70c9747afd48ee6fe",
      "character_start": 219922,
      "character_end": 221708,
      "utf8_byte_start": 220402,
      "utf8_byte_end": 222188,
      "passage_sha256": "a6049350335c0e36a1d3e82871cdd4f4c66993800b4fadd70c9747afd48ee6fe",
      "reader_fragment": "p-219922-221708-a6049350335c0e36"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-221708-223473:cff04b82fb2a02e2db8e5c6a1cbf52d5f0400ef0e6f83610b3cc4bc1c4ec0ea1",
      "character_start": 221708,
      "character_end": 223473,
      "utf8_byte_start": 222188,
      "utf8_byte_end": 223953,
      "passage_sha256": "cff04b82fb2a02e2db8e5c6a1cbf52d5f0400ef0e6f83610b3cc4bc1c4ec0ea1",
      "reader_fragment": "p-221708-223473-cff04b82fb2a02e2"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-223473-225253:4fb294be761a96028280ec1bcf5e192c8ce1e8867f2b206198645108166361c0",
      "character_start": 223473,
      "character_end": 225253,
      "utf8_byte_start": 223953,
      "utf8_byte_end": 225733,
      "passage_sha256": "4fb294be761a96028280ec1bcf5e192c8ce1e8867f2b206198645108166361c0",
      "reader_fragment": "p-223473-225253-4fb294be761a9602"
    },
    {
      "passage_id": "law:pk-code-386bac34422f2eab:sha256:ebc5a23289f929365adb6fa95685d06c41ce03c4b5ffe7c12bd42a52a191786c:chars-225253-225488:2e454f1c94444ee5c20a393cbc8827dba80a1d250d0660c0238f1c5a28b187cc",
      "character_start": 225253,
      "character_end": 225488,
      "utf8_byte_start": 225733,
      "utf8_byte_end": 225968,
      "passage_sha256": "2e454f1c94444ee5c20a393cbc8827dba80a1d250d0660c0238f1c5a28b187cc",
      "reader_fragment": "p-225253-225488-2e454f1c94444ee5"
    }
  ]
}