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  "title": "Intellectual Property Organization of Pakistan Act, 2012",
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  "text": "Page 1 of 16 \r\n \r\n \r\n \r\nTHE INTELLECTUAL PROPERTY ORGANIZATION OF \r\nPAKISTAN ACT, 2012 \r\n \r\n \r\n \r\n   \r\nCONTENTS \r\n \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Establishment of the Organization \r\n4.  Policy Board \r\n5.  Powers of the Federal Government \r\n6.  Functions etc, of the Board \r\n7.  Delegation of power \r\n8.  Meetings of the Board \r\n9.  Chairman \r\n10.  Privileges and perquisites of the Members \r\n11.  Functions and powers of the Chairman \r\n12.  Director General \r\n13.  Powers and functions of the Organization \r\n14.  Intellectual property rights advocacy \r\n15.  Trial of offences \r\n16.  Establishment of Intellectual Property Tribunals \r\n17.  Powers of the Tribunals \r\n18.  Jurisdiction of the Tribunals \r\n19.  Appeals from Court \r\n20.  Authentication of orders and other instruments of the Organization \r\n21.  Prohibition of use of certain names, marks, seals, etc \r\n22.  Exercise of powers of the Organization by other bodies \r\n \r\n\r\n \r\nPage 2 of 16 \r\n \r\n23.  Certain matters to be kept confidential \r\n24.  Appointment of officers, etc., by the Organization \r\n25.  Members and officers, etc., to be public servants \r\n26.  Intellectual Property Organization of Pakistan Fund \r\n27.  Budget \r\n28.  Audit and Accounts \r\n29.  Power to amend the Schedule \r\n30.  Submission of yearly reports and returns \r\n31.  Protection of action taken under the Act \r\n32.  Exemption from any provision of this Act \r\n33.  Policy directives \r\n34.  Power to make rules \r\n35.  Power to make regulations \r\n36.  Integration of the Trade Marks Registry, Copyright Office and Patent Office \r\n37.  Authorities to assist and aid the Organization \r\n38.  Removal of difficulties \r\n39.  Act to override other lawsd \r\nTHE SCHEDULE. \r\n \r\nPage 3 of 16 \r\n \r\nTHE INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN ACT, \r\n2012 \r\n \r\nACT NO. XXII OF 2012 \r\n[6th Dec, 2012] \r\nAn Act to provide for the establishment of Intellectual Property Organization of Pakistan \r\nWHEREAS Intellectual Property Rights including copyrights, trade-marks, patents, designs, \r\nlay-out, designs of integrated circuits, trade secrets and other intellectual property laws; supported by \r\nother laws are powerful tools for economic growth. The protection of these and similar intellectual \r\nproperty rights of the citizens is essential to foster creative thinking, stimulate creativity, provide \r\nincentives for technological innovations, and attract investment; \r\nAND WHEREAS it is expedient to establish the Intellectual Property Organization of \r\nPakistan to provide for the institutional arrangement in the state setup for taking up exclusively and \r\ncomprehensively all subjects and matters relating to intellectual property rights in an integrated \r\nmanner and for matters connected therewith or incidental thereto; \r\nIt is hereby enacted as follows— \r\n1. Short title, extent and commencement.—(1) This Act may be called the Intellectual \r\nProperty Organization of Pakistan Act, 2012. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force with effect from the 28th August, 2012 except the provisions of \r\nsection 15, 16, 17, 18 and 19 which shall come into force on such date as the Federal Government \r\nmay, by notification in the official Gazette, appoint. \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— \r\n(a) “Board” means the Policy Board constituted under Section 4; \r\n(b) “Chairman” means the Chairman of the Organization appointed under Section \r\n9; \r\n(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898) or Code \r\nof Civil Procedure (Act V of 1908), as the case may be; \r\n(d) “Director General” means the Director-General appointed under Section 12; \r\n(e)  “employee” means any officer or staff of the Organization excluding a person \r\nhired on daily wages or contingent basis; \r\n(f) “Fund” means the fund established under Section 26; \r\n \r\nPage 4 of 16 \r\n \r\n(g) “Intellectual Property” includes a trademark, patent, industrial design, layout-\r\ndesign (topographies) of integrated circuits, copyright and related rights and \r\nall other ancillary rights; \r\n(h) “Intellectual Property Laws” means the laws specified in the Schedule; \r\n(i) “Member” means a member of the Board; \r\n(j) “offence” means an offence as defined in Intellectual Property Laws; \r\n(k) “Organization” means the Intellectual Property Organization of Pakistan \r\nestablished under Section 3; \r\n(l) “prescribed” means prescribed by rules; \r\n(m) “rules” means the rules made under this Act; \r\n(n) “regulations” means the regulations made under this Act; \r\n(o)  “Secretary” means the Director-General of the Organization; \r\n(p)  “Schedule” means the schedules to this Act; and \r\n(q) “Tribunal” means an Intellectual Property Tribunal established under Section \r\n16. \r\n3. Establishment of the Organization.—(1) There shall be established an Organization to be \r\nknown as Intellectual Property Organization of Pakistan to carry out the purposes of this Act. \r\n(2) The Organization shall be an autonomous body having perpetual succession and a \r\ncommon seal with powers, subject to the provisions of this Act, to hold and dispose of property both \r\nmovable and immovable and shall by the said name sue and be sued and may enter into contracts, \r\nacquire, purchase, take, hold, enjoy, covey, assign, surrender, yield up charge, mortgage, demise, \r\nreassign, transfer or otherwise dispose of or deal with, any movable or immovable property of every \r\ndescription or any interest vested in it, upon such terms as it deems fit. \r\n(3) The head office of the Organization shall be in Islamabad. The Organization may \r\nestablish and close down offices, with approval of the Board, at such places in Pakistan, as it \r\nconsiders appropriate. \r\n4. Policy Board.—(1) The Federal Government shall, by notification in the official Gazette, \r\nconstitute a Policy Board of the Organization consisting of the Chairman and fourteen other \r\nMembers as specified in sub-section (2). \r\n(2) The Board shall consist of the following, namely:- \r\n(a)  five Member from the public sector who shall be the,— \r\n (i) Secretary to the Government of Pakistan, Cabinet Division, ex-officio; \r\n \r\nPage 5 of 16 \r\n \r\n (ii)  Secretary to the Government of Pakistan, Interior Division, ex-officio; \r\n (iii)  Secretary to the Government of Pakistan, Commerce Division, ex \r\nofficio; \r\n(iv)  Secretary to the Government of Pakistan, Information and \r\nBroadcasting Division, ex-officio; and \r\n (v)  Chairman, Federal Board of Revenue, ex-officio; \r\n(b)  five Members to be appointed by the Federal Government from private sector; \r\nand \r\n(c)  four Members from the provinces, as recommended by the Provincial \r\nGovernments to be appointed by the Federal Government. Eligibility criteria \r\nof these Members shall be specified by the Federal Government, by \r\nnotification in official Gazette, in consultation with the Chairman. \r\n(3) The Chairman shall be the Chairman of the Board. \r\n(4) The Director-General shall also act as Secretary of the Board. \r\n(5) If any Member specified in clause (a) of sub-section (2) is absent or is unable to attend a \r\nmeeting of the Board, he may authorize an officer, not below the rank an officer of BPS-20 of his \r\nDivision. \r\n(6) The Chairman shall, in the event of a tie, have a casting vote. \r\n(7) The Members from private sector shall be appointed by the Federal Government for a \r\nterm of three years and shall be eligible for re-appointment for a second term of three years. \r\n(8) In case of death, resignation or removal of a Member another person may be appointed as \r\na Member for the term specified at sub-section (7). \r\n(9) No person shall be appointed or continued as a Member if he,— \r\n(a)  has been convicted of an offence involving moral turpitude; or \r\n(b) has been or is adjudged insolvent; \r\n(c)  is incapable of discharging his duties by reason of physical, psychological or \r\nmental unfitness and has been declared so by a registered medical practitioner \r\nappointed by the Federal Government; and \r\n(d)  deemed incapable of carrying out his responsibilities for any other reason. \r\n5. Powers of the Federal Government.—Notwithstanding anything contained in this section \r\nthe Federal Government may, by notification in the official Gazette, increase or decrease the number \r\nof Members of the Board and issue directions to the Organization. \r\n \r\nPage 6 of 16 \r\n \r\n6. Functions etc., of the Board.—(1) The Board shall be responsible for setting of objectives \r\nand policy guidelines of the Organization. \r\n(2) Subject to the provisions of the Act, in particular and without prejudice to the generality \r\nof sub-section (1), the Board shall,— \r\n(a) take policy decisions as well as advise the Federal Government on all matters \r\nrelating to— \r\n (i)  developing processes, service structure and propose rules for the \r\nservices specifically designed to ensure protection of intellectual \r\nproperty laws in Pakistan; \r\n (ii) ensuring implementation of intellectual property rights in Pakistan in \r\ncoordination with concerned agencies; and \r\n (iii)  expressing its opinion in writing on any policy matter referred to it by \r\nthe Federal Government or the Organization; \r\n(b)  consider and approve policies, plans and programmes of the Organization; \r\n(c)  consider and approve, with or without modification, any regulations, with \r\nrespect to implementation of policy decisions proposed to be made by the \r\nOrganization under this Act; \r\n(d)  formulate procedures and necessary framework for utilization of funds \r\ngenerated or acquired through services, donations, investments or grants, etc.; \r\n(e)  specify and propose fees, penalties and other charges chargeable by the \r\nOrganization with the approval of Federal Government for carrying out the \r\npurposes of this Act; and \r\n(f) exercise all such powers and perform all such functions as are conferred or \r\nassigned to it under this Act. \r\n(3) All policy decisions, including the change in the previously established policy, in respect \r\nof all and any matters within the jurisdiction of the Organization shall be made only by the Board. \r\n(4) All policy decisions and directives of the Board shall be published in the official Gazette. \r\n7. Delegation of powers.—The Board may, by general or special order in writing subject to \r\nsuch limitations, restrictions or conditions, delegate all or any of its powers and functions to the \r\nChairman. \r\n8. Meetings of the Board.—(1) The meetings of the Board shall be convened by and under \r\nthe directions of the Chairman: \r\nProvided that the Federal Government may direct convening of a meeting of the Board at any \r\ntime, on any matter requiring a decision by the Board. \r\n \r\nPage 7 of 16 \r\n \r\n(2) The Board shall meet as often as may be necessary for the performance of its functions \r\nbut it shall meet not less than two times in a calendar year. \r\n(3) A simple majority of the total membership shall constitute the quorum for a meeting of \r\nthe Board. Agenda of the meeting shall be presented only once the quorum is complete. The decision \r\nin the Board shall be adopted by simple majority of the Members present and voting. \r\n(4) Subject to the provisions of this Act, the procedure and conduct of business of the Board \r\nshall be regulated by the regulations. \r\n(5) No act or proceedings of the Board shall be invalid by reason only of the existence of a \r\nvacancy in the constitution of the Board. \r\n(6) In case the Chairman is absent or his office is vacant for any reason, the Secretary Cabinet \r\nDivision shall chair the meetings of the Board. \r\n9. Chairman.—(1) There shall be a Chairman of the Organization to be appointed by the \r\nFederal Government for a term of three years. \r\n(2) The Chairman shall be entitled to such privileges and perquisites as may be prescribed. \r\n(3) The Chairman may resign from his office at any time by notice in writing addressed to the \r\nFederal Government. \r\n(4) A vacancy in the Organization caused by the death or resignation of the Chairman shall be \r\nfilled by the Federal Government within ninety days of the occurrence of such vacancy. \r\n(5) The Chairman may, by general or special order in writing, subject to such limitations, \r\nrestrictions or conditions, delegate all or any of his powers and functions to the Director-General \r\nincluding the powers delegated to him under Section 7. \r\n10. Privileges and perquisites of the Members.—The Members other than public sector \r\nMembers shall be entitled to such privileges and perquisites as may be prescribed. \r\n11. Functions and powers of the Chairman.—(1) The Chairman shall preside the meetings \r\nof the Board. \r\n(2) The Chairman shall supervise and oversee the Director-General in the performance of his \r\nduties and responsibilities under this Act and shall guide and direct him, as deemed necessary. \r\n(3) The Chairman shall exercise all such powers and perform all such functions as are \r\nconferred or assigned to him under this Act. \r\n12. Director-General.—(1) There shall be a Director-General of the Organization who shall \r\nbe appointed by the Federal Government in consultation with the Chairman on such terms and \r\nconditions as may be prescribed. \r\n(2) A person shall not be appointed as a Director-General unless he is a Federal Government \r\nofficer of not below the rank of BPS 21. \r\n \r\nPage 8 of 16 \r\n \r\n(3) The Director-General shall be the functional head of the Organization and shall be \r\nresponsible for day to day administration of the affairs of the Organization. \r\n(4) The Director-General shall comply with such directions and decisions of the Federal \r\nGovernment, Chairman or the Board issued from time to time. \r\n(5) The Director-General shall assist the Chairman in formulating policy framework to update \r\nthe Organization and to fulfill obligations of the State on the subject to be presented before the Board \r\nfor approval. \r\n(6) The Director-General shall be competent in managing the human resource and other \r\nresources of the Organization in the light of Act and the decisions of the Federal Government, \r\nChairman and the Board. \r\n13. Powers and functions of the Organization.—The powers and functions of the \r\nOrganization shall be to,— \r\n(i)  administer and coordinate all Government systems for the protection and \r\nstrengthening of intellectual property laws, rules and regulations made \r\nthereunder; \r\n(ii)  manage or implement measures and standards on any matter related to or \r\nconnected with Intellectual Property; \r\n(iii)  accredit or certify any person as intellectual property agent; \r\n(iv)  levy such charges or fees for services and facilities provided by the \r\nOrganization and its constituent offices with the approval of Federal \r\nGovernment; \r\n(v)  carry out such other works or activities as may be deemed by the Organization \r\nto be necessary, with a view to making the best use of the assets of the \r\nOrganization; \r\n(vi)  coordinate, monitor or engage, in conjunction with other authorities, \r\ninternational agencies or organizations, in any study, training or cooperation \r\nproject related to intellectual property; \r\n(vii)  enter into contracts for the supply of goods or services or materials or for the \r\nexecution of works as may be necessary for the discharge of any of its duties \r\nand functions; \r\n(viii)  control, manage, supervise, direct and coordinate the working of all intellectual \r\nproperty offices established under intellectual property laws and any other \r\noffice or registry established under intellectual property laws to be notified by \r\nthe Federal Government and any other registry or office as prescribed; \r\n \r\nPage 9 of 16 \r\n \r\n(ix)  evolve and maintain a system to provide access to public documents and \r\ninformation relating to any intellectual property kept or maintained by the \r\nOrganization; \r\n(x)  advise the Federal Government on policy relating to intellectual property \r\nrights; \r\n(xi)  plan for development and upgradation of the intellectual property infrastructure \r\nand capacity in Pakistan; \r\n(xii)  promote education and research in the field of intellectual property; \r\n(xiii)  advise the Federal Government regarding the international negotiations in the \r\narea of intellectual property; \r\n(xiv)  engage in human resource development and training of its officers and staff; \r\n(xv)  promote awareness about intellectual property issues in the public and private \r\nsector through print and electronic media, etc; \r\n(xvi)  liaise and interact with counterpart intellectual property related organizations in \r\nother countries for capacity building and exchange of information; \r\n(xvii)  propose and initiate intellectual property rights legislation for the protection of \r\nintellectual property rights in Pakistan; \r\n(xviii)  initiate and monitor the enforcement and protection of intellectual property \r\nrights through designated law enforcement agencies of the Government, \r\nFederal or Provincial, and collect related data and information; \r\n(xix)  initiate and conduct inquires, investigations and proceedings related to offences \r\nin the prescribed manner; \r\n(xx)  refer matters and complaints, related to offences under the laws specified in the \r\nSchedule, to the concerned law enforcement agencies and authorities as may be \r\nnecessary for the purposes of this Act; \r\n(xxi)  advice any person, legal or natural, on any matters related to intellectual \r\nproperty rights including compliance, enforcement and infringement thereof; \r\n(xxii)  develop working manuals, references, materials and procedures in order to \r\nassist in improving the protection of intellectual property rights; \r\n(xxiii) engage in intellectual property rights advocacy; \r\n(xxiv) coordinate the implementation of foreign-aided technical assistance projects on \r\nintellectual property; \r\n \r\nPage 10 of 16 \r\n \r\n(xxv)  attend foreign funded international forums, conferences, meetings or training \r\nprogrammes etc., with the approval of Federal Government; \r\n(xxvi) work for ratification of instruments as suited to the best national interest; and \r\n(xxvii)  perform and carry out any such other acts, things or functions relating to \r\nintellectual property assigned to it by the Board or the Federal Government. \r\n14. Intellectual property rights advocacy.—The Organization shall promote intellectual \r\nproperty through advocacy which, among others, shall include,— \r\n(a)  creating awareness and imparting training about intellectual property issues \r\nand taking such other actions as may be necessary for the protection of \r\nintellectual property rights; \r\n \r\n(b) reviewing policy frameworks for intellectual property rights and making \r\nsuitable recommendations for amendments to other laws that affect intellectual \r\nproperty rights in Pakistan to the Federal Government and Provincial \r\nGovernments; \r\n \r\n(c)  holding open hearings on any matter affecting the state of intellectual property \r\nrights in Pakistan or affecting the State's commercial activities in this regard \r\nand expressing publicly an opinion with respect to the issue; \r\n \r\n(d)  posting on its website inquiries under review and completed, educational \r\nmaterial etc; and \r\n(e)  coordinating with trade associations and other related organizations or fora for \r\nawareness and implementation of the laws mentioned in the schedule. \r\n*15. Trial of offences.—Notwithstanding anything contained in any other law for the time \r\nbeing in force, an accused shall be tried and prosecuted for an offence in the Tribunal and the case \r\nshall be heard from day to day and shall be disposed of within ninety days. \r\n16. Establishment of Intellectual Property Tribunals.—**(1) The Federal Government \r\nmay, by notification in the official Gazette, establish as many Tribunals as it considers necessary to \r\nexercise jurisdiction under this Act, appoint a Presiding Officer for each of such Tribunal and where \r\nit establishes more Tribunals than one, it shall specify in the notification the territorial limits within \r\nwhich each of the Tribunal shall exercise its jurisdiction. \r\n*(2) Where more than one Tribunal has been established to exercise jurisdiction in the same \r\nterritorial limits, the Federal Government shall define the territorial limits of each such Tribunal. \r\n*(3) Where more than one Tribunal has been established in the same or different territorial \r\nlimits, the High Court may, if it considers it expedient to do so in the interest of justice or for the \r\nconvenience of the parties or of the witnesses, transfer any case from one Tribunal to another. \r\n*Came into force on 29th December, 2015 by S.R.O No. 1330(I)/2015. \r\n**Came into force on and from the 2nd December, 2014 by S.R.O No. 1330(I)/2015. \r\n \r\nPage 11 of 16 \r\n \r\n *(4) A Presiding Officer of the Tribunal shall be appointed by the Federal Government after \r\nconsultation with the Chief Justice of the High Court concerned in which the Tribunal is established \r\nand no person shall be appointed a Presiding Officer of a Tribunal unless he,— \r\n(a)  has been a judge of High Court; or \r\n(b)  is or has been a District and Sessions Judge; or \r\n(c)  is an advocate qualified for an appointment as a Judge of the High Court. \r\n**(5) A Tribunal shall hold its sitting at such places within its territorial jurisdiction as may be \r\ndetermined by the Federal Government. \r\n***(6) A Presiding Officer of a Tribunal, not being a District and Sessions Judge, shall be \r\nappointed for a term of three years from the date on which he enters upon his office. \r\n****(7) The salary, allowances and other terms and conditions of service, of a person \r\nappointed as a Presiding Officer of a Tribunal shall be as may be determined by the Federal \r\nGovernment. \r\n               *****(8) A person, not being a District and Sessions Judge, appointed as a Presiding Officer of a \r\nTribunal may, by notice in writing under his hand addressed to the Federal Government, resign from \r\nhis office. \r\n               *****(9) A Presiding Officer shall not be removed or transferred from his office before the \r\ncompletion of term of office without the consultation of the Chief Justice of the High Court \r\nconcerned. \r\n               *****(10) A Presiding Officer shall be eligible for re-appointment for a similar term and shall \r\ncease to hold office on attaining the age of sixty five years or the expiry of term, whichever is earlier. \r\n               *****(11) The Tribunal may, if it so requires, be assisted in technical aspects of intellectual \r\nproperty rights involved in any case by an expert who has experience and expertise in the matters of \r\nintellectual property rights. \r\n*****(12) Remuneration of the expert, and the party or parties by whom the same shall be \r\npayable shall be determined by the Tribunal keeping in view the circumstances of each case. \r\n*****17. Powers of the Tribunals.—(1) Subject to the provisions of the Act, the Tribunal \r\nshall,— \r\n(a)  in the exercise of its civil jurisdiction, have all the powers vested in a \r\nCivil Court under the Code of Civil Procedure, 1908 (Act V of 1908); \r\n*Came into force on and from 8th September, 2015 by S.R.O No. 1330(I)/2015. \r\n** Came into force on and from 2nd December, 2014 by S.R.O No. 1330(I)/2015. \r\n*** Came into force on and from 30th September, 2015 by S.R.O No. 1330(I)/2015 \r\n****Came into force on and from 30th September, 2015 by S.R.O No. 1330(I)/2015 \r\n*****Came into force on 29th December, 2015 by S.R.O No. 1330(I)/2015 \r\n \r\n \r\nPage 12 of 16 \r\n \r\n(b)  in the exercise of its criminal jurisdiction, try offences made \r\npunishable under this Act and shall, for this purpose have the same \r\npowers as are vested in a Court of Sessions under the Code of Criminal \r\nProcedure, 1898 (Act V of 1898); \r\n(2) The Tribunal shall in all matters with respect to which the procedure has not been \r\nprovided for in this Act, follow the procedure laid down in the Code. \r\n(3) All proceedings before the Tribunal shall, be deemed to be judicial proceedings within the \r\nmeaning or Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). \r\n(4) Subject to sub-section (5), no Court other than a Tribunal shall have or exercise any \r\njurisdiction with respect to any matter to which the jurisdiction of the Tribunal extends under this \r\nAct. \r\n(5) Nothing in sub-section (4) shall be deemed to affect any proceedings pending before such \r\nCourt immediately before the coming into force of this Act. \r\n(6) All suits and proceedings pending in any Court instituted under intellectual property laws \r\nshall stand transferred to, and be heard und disposed of by, the Tribunal having jurisdiction under \r\nthis Act. On transfer of proceedings under this sub-section, the parties shall appear before the \r\nTribunal concerned on the date previously fixed. \r\n(7) In respect of proceedings transferred to the Tribunal under sub-section (6), the Court shall \r\nproceed from the stage which the proceedings had reached immediately prior to the transfer and shall \r\nnot be bound to recall and re-hear any witness and may act on the evidence already recorded or \r\nproduced before a Court from which the proceedings were transferred. \r\n*18. Jurisdiction of the Tribunals.—(1) All suits and other civil proceedings regarding \r\ninfringement of intellectual property laws shall be instituted and tried in the Tribunal. \r\n(2) Notwithstanding anything contained in any other law for the time being in force, the \r\nTribunal shall have exclusive jurisdiction to try any offence under intellectual property laws. \r\n*19. Appeals from Court.—Any person aggrieved by the final judgment and order of the \r\nTribunal under this Act may, within thirty days of the final judgment or order of the Tribunal, prefer \r\nan appeal to the High Court having territorial jurisdiction over the Tribunal. \r\n20. Authentication of orders and other instruments of the Organization.—All orders, \r\ndecisions and all other instruments issued by the Organization shall be authenticated only by the \r\nsignatures of such officer or officers who are authorized by the Director-General in this behalf. \r\n21. Prohibition of use of certain names, marks, seals, etc.—No person shall use any— \r\n(a)  name, mark or seal, which may resemble the name, marks or seal of the \r\nOrganization or certain the expression or any abbreviation of such expression; \r\nor \r\n*Came into force on 29th December, 2015 by S.R.O No. 1330(I)/2015 \r\n \r\nPage 13 of 16 \r\n \r\n(b)  mark or intellectual property in relation to any article or process containing the \r\nexpression Organization of Pakistan or any abbreviation of such expression. \r\n22. Exercise of powers of the Organization by other bodies.—The Federal Government \r\nmay, in consultation with the Organization, by Notification in the official Gazette, direct that any \r\npower exercisable by the Organization under this Act shall, in relation to such matters and subject to \r\nsuch conditions as may be specified in the direction, be exercisable also by such body or such \r\norganization as may be specified in the notification. \r\n23. Certain matters to be kept confidential.—Any information coming into notice of the \r\nOrganization or any of its officers in relation to any article or process, subject to the provision of this \r\nAct or any other law for the time being in force shall be treated as confidential and shall not be \r\ncommunicated or revealed to any person: \r\nProvided that nothing in this section shall apply to the disclosure of any information for the \r\npurpose of prosecution under this Act. \r\n24. Appointment of officers, etc., by the Organization.—(1) The Organization may, with \r\nthe prior approval of the Board, create posts and appoint such officers, employees, experts and \r\nconsultants, on such terms and conditions as may be prescribed. \r\n(2) The Director-General shall be empowered for transfers and postings of all the officers, \r\nemployees and servants of the Organization, the Trademarks Registry, Copyright Office, Patent \r\nOffice and any other office established under intellectual property laws as he deems fit and \r\nappropriate for proper and efficient working of the Organization. \r\n(3) The civil servants working in the Organization shall be governed by the Civil Servants \r\nAct, 1973 (LXXI of 1973), and rules made thereunder unless absorbed in the Organization. \r\n25. Members and officers, etc., to be public servants.—The Chairman, Director General, \r\nofficers, employees, experts and consultants of the Organization shall, when acting or purporting to \r\nact in pursuance of any of the provisions of this Act, be deemed to be public servants within the \r\nmeaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860). \r\n26. Intellectual Property Organization of Pakistan Fund.—(1) There shall be established \r\na fund to be known as Intellectual Property Organization of Pakistan Fund which shall vest in the \r\nOrganization and shall be utilized by the Organization to meet charges in connection with its \r\nfunctions under this Act including the payment of salaries provident fund, loans and advances, staff \r\nwelfare assistance package, and other remuneration to the Chairman, Director-General, officers, \r\nemployees, experts and consultants of the Organization and payment against hired services of and for \r\nthe Organization. The Fund may also be used for workshops, seminars and other event arranged by \r\nthe organization regarding intellectual property rights. \r\n(2) The Fund shall be financed from the following, sources, namely:- \r\n(a) grants and loans made by the Federal Government or a Provincial \r\nGovernment; \r\n(b)  loans, aid and donations from the national or international agencies; \r\n \r\nPage 14 of 16 \r\n \r\n(c) revenue earned from the levy of various charges or fees, etc; and \r\n(d) income and profits derived from the investments made by the Organization. \r\n(3) The Fund shall be kept in one or more accounts maintained by the Organization, in local \r\nor foreign currency, in any scheduled bank in Pakistan and shall be operated in accordance with the \r\ndirections of the Board. \r\n27. Budget.—The Organization shall, in respect of each financial year submit for approval of \r\nthe Federal Government, on such date as may be prescribed, a statement of the estimated receipts and \r\nexpenditure, including requirements of foreign exchange for the next financial year. \r\n28. Audit and Accounts.—(1) The accounts of the Organization shall be maintained in the \r\nmanner prescribed by the Controller General of Accounts. \r\n(2) The Auditor-General of Pakistan shall conduct audit of the accounts of the Organization. \r\n(3) A copy of the audit report shall be sent to the Federal Government alongwith the \r\ncomments of the Organization. \r\n(4) The Federal Government may issue directions to the Organization for the rectification of \r\nany item objected to by the Auditor-General of Pakistan and the Organization shall comply with such \r\ndirections. \r\n29. Power to amend the Schedule.—The Federal Government may, in consultation with the \r\nBoard, amend the Schedule so as to add any entry thereto or modify or omit any entry therefrom. \r\n30. Submission of yearly reports and returns.—(1) Within three months of the conclusion \r\nof each financial year, the Board shall submit an Annual Report together with a copy of statement of \r\naccounts of the Organization certified by the auditors and a copy of the auditors' report to the Federal \r\nGovernment in respect of the activities of the Board including the status of its existing programmes, \r\nprojects and further plans formulated in furtherance of its aims and objectives. \r\n(2) The Federal Government may require the Organization to submit it to,— \r\n(a)  any return, statement, estimate, statistics or other information regarding any \r\nmatter under the control of the Organization; \r\n(b) a report on any subject with which the Organization is concerned; and \r\n(c) a copy of any document in the charge of the Organization. \r\n31. Protection of action taken under the Act.—No suit, prosecution or other legal \r\nproceeding shall lie against the Federal Government, the Board or the Organization or any person \r\nacting under the Federal Government or the Organization for anything which is in good faith done or \r\nintended to be done in pursuance of this Act or any rule or regulation made thereunder. \r\n \r\nPage 15 of 16 \r\n \r\n32. Exemption from any provision of this Act.—The Federal Government may, by \r\nnotification in the official Gazette, exempt any article or class of articles from the operation of all or \r\nany of the provisions of this Act. \r\n33. Policy directives.—The Federal Government may, as and when it considers necessary, \r\nissue policy directives to the Board in respect of its role and functions and the compliance of such \r\ndirectives shall be binding on the board. \r\n34. Power to make rules.—The Organization may, with the approval of Federal \r\nGovernment, by notification in the official Gazette, make rules for carrying out the purposes of this \r\nAct. \r\n35. Power to make regulations.—The Organization may, with the prior approval of the \r\nBoard and by notification in the official Gazette, make regulations not inconsistent with this Act or \r\nthe rules made thereunder to carry out the purposes of this Act. \r\n36. Integration of the Trade Marks Registry, Copyright Office and Patent Office.—\r\nNotwithstanding anything contained in any other law for the time being in force and upon the \r\ncommencement of this Act, the Trademarks Registry, Copyright Office and Patent Office hereinafter \r\nreferred to as the said offices shall become part of the Organization,— \r\n(a) all assets rights, powers, authorities and privileges and all properties, movable \r\nand immovable, cash and bank balance, reserve funds, investment and all \r\nother interest and rights in, or arising out of such properties and all debts, \r\nliabilities and obligations of whatever kind of the said offices subsisting \r\nimmediately before their integration shall stand transferred to and vest in the \r\nOrganization; \r\n(b)  all officers and other employees, of the said offices shall, not withstanding \r\nanything contained in any law or in any agreement, deed, document or other \r\ninstrument, shall stand absorbed and transferred to the Organization and shall \r\nbe deemed to have been appointed or engaged by the Organization in \r\naccordance with the terms and conditions which shall not be less favorable \r\nthan in the said offices; and no officer or other employee whose services are so \r\nabsorbed and transferred shall be entitled to any compensation because of such \r\nabsorption or transfer. Such officers and other employees shall have the option \r\neither to remain civil servants, or to be employees of the Organization. The \r\noption once exercised shall be irrevocable. After exercising the option, the \r\nemployee or employees shall cease to be a civil servant for all purposes and \r\nshall be entitled to such remuneration, allowances and other terms and \r\nconditions of the employment as are applicable to the employees of the \r\nOrganization. In the event of such a person opting to remain as a civil servant, \r\nhe shall continue to be governed by Civil Servants Act 1973 (LXXI of 1973) \r\nand the rules made thereunder in all matters. The Organization shall contribute \r\nto the pension, gratuity and final payment of provident fund in accordance \r\nwith the rules as applicable lo the civil servant; \r\n(c)  all debts and obligations incurred or contracts entered into or rights acquired \r\nand all matters and things engaged to be done by, with or for the said offices \r\n \r\nPage 16 of 16 \r\n \r\nbefore their integration, shall be deemed to have been incurred, entered into, \r\nacquired or engaged to be done by or for, the Organization; and \r\n(d) all suits and other legal proceedings instituted by or against the said offices \r\nbefore their integration shall be deemed to be suits, and proceedings by or \r\nagainst the Organization and may be proceeded or Otherwise dealt with \r\naccordingly. \r\n37. Authorities to assist and aid the Organization.—All concerned law enforcement \r\nagencies and authorities in the Federation and the Provinces shall be under an obligation to provide \r\nand render full and complete assistance to the Organization as the Chairman or Director-General may \r\ndeem fit and proper to demand or require for carrying out the purposes of this Act. \r\n38. Removal of difficulties.—In case any difficulty arises in giving effect to this Act, the \r\nFederal Government may, for the purposes of removing such difficulty, make such order as it \r\nconsiders expedient and any such order shall be deemed to be, and given effect to, as a part of the \r\nprovisions of this Act. \r\n39. Act to override other laws.—The provisions of this Act shall have effect \r\nnotwithstanding anything inconsistent therewith contained in any other law for the time being in \r\nforce. \r\n_______________ \r\n \r\nTHE SCHEDULE \r\n[see Section 2(h)] \r\n(1)  The Trade Marks Ordinance, 2001 (XIX of 2001). \r\n(2)  The Copyright Ordinance, 1962 (XXXIV of 1962). \r\n(3)  The Patents Ordinance, 2000 (LXI of 2000). \r\n(4)  The Registered Designs Ordinance, 2000 (XLV of 2000). \r\n(5)  The Registered Layout-Designs of Integrated Circuits Ordinance, 2000 (XLIX of 2000). \r\n(6)  Sections 478, 479, 480, 481, 482, 483, 485, 486, 487, 488 and 489 of Pakistan Penal Code \r\n(Act XLV of 1860).",
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