Updated: Thursday February 20, 2014/AlKhamis
Rabi' Thani 20, 1435/Bruhaspathivara
Phalguna 01, 1935, at 02:25:21 PM
The
Intellectual Property Organization of
GOVERNMENT
OF
LAW, JUSTICE
AND HUMAN RIGHTS DIVISION
***
F. No.
2(1)/2005-Pub
The following ordinance
promulgated by the President is published for general information:---
Ordinance No XXI of 2005
AN
ORDINANCE
to provide for the establishment of the Intellectual Property
Organization of
WHEREAS it is
expedient to establish the Intellectual Property Organization of Pakistan to
provide for the protection of Intellectual Property Rights in
AND WHEREAS the National
Assembly is not in session and the President is satisfied that circumstances
exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause
(1) of Article
89 of the Constitution of the Islamic Republic of Pakistan, the President is
pleased to make and promulgate the following Ordinance:-
1. Short title,
extent and commencement.-(1) This Ordinance may be called the
Intellectual Property Organization of Pakistan Ordinance, 2005.
(2) It extends to the whole of
(3)
It shall come into force at once
and shall be deemed to have taken effect on the 7th day of December
2005.
2.
Definitions.- In this
Ordinance, unless there is any-thing repugnant in the subject or context,---
(a) “Board” means
the Policy Board constituted under section 4;
(b) “Chairman”
means the Chairman of the Board and Head of the Organization;
(c) “Director
General” means the Director-General appointed under section 8;
(d) “Federal
Government” means the Cabinet Division;
(e) “Intellectual
Property” includes a patent, industrial design, layout-design (topographies) of
integrated circuits, copyright and related rights, service mark, trade mark,
trade name, undisclosed information or trade secrets, traditional knowledge,
geographical indications, technical know-how and ideas for new products and
markets, including the commercial information about customer or any combination
thereof;
(f) “Member”
means a member of the Board;
(g) “Organization”
means the Intellectual Property Organization of Pakistan established under
section 3;
(h) “prescribed”
means prescribed by rules;
(i) “rules” means
the rules made under this Ordinance;
(j) “regulations”
means the regulations made under this Ordinance; and
(k) “schedule”
means a schedule to this Ordinance.
3.
Establishment of the Organization.- (1) There shall
be established an organization to be known as Intellectual Property
Organization of Pakistan to carry out the purposes of this Ordinance.
(2) The Organization shall be a body corporate having perpetual
succession and a common seal with powers, subject to the provisions of
this Ordinance, to hold and dispose of the property both
movable and immovable and shall by the said name sue and be sued.
(3) The Organization shall be an autonomous Organization
under the administrative control of the Cabinet Division.
(4) The Federal Government may setup offices of the
Organization at such places, as it may deem necessary, as and when required.
4. Policy Board.-(1) The
Federal Government shall, by notification in the official Gazette, constitute a
Policy Board of the Organization consisting of the Chairman, Vice-Chairman and
such other members from the public and private sectors, as it may deem fit.
(2) Notwithstanding the composition of the Board constituted
under sub-section (1), the Federal Government may increase or decrease the
number of members and prescribe the qualifications and mode and manner of their
appointment.
(3) The Director-General shall act as ex officio
Secretary of the Board.
5. Functions and
powers of the Board.-(1) The Board shall be responsible for setting
of objectives and policy guidelines of
the Organization in accordance with the powers and functions provided in
section 11.
(2) The general direction and administration of the Organization
and its affairs shall vest in the Board which shall exercise all powers,
perform all functions and do all acts and things, which may be exercised,
performed or done by the Organization under this Ordinance.
(3) In particular and without prejudice to the generality of
the foregoing powers, the Board shall,---
(a) promote a
modern system for the protection of intellectual property rights in
(b) approve
policies, plans and programmes of the Organization; and
(c) formulate
procedures and necessary framework for utilization of funds generated or
acquired through services, donations or grants, etc.
1
Delegation of powers.-
The
Board may, by general or special order in writing subject to such limitations,
restrictions or conditions, delegate all or any of its powers and functions to
the Chairman, Vice-Chairman or any committee of the Board, as may be
constituted for the purpose, or to the Director-General as it may deem
appropriate.
2
Meetings of the Board.-(1) Save as hereinafter
provided, the Board shall regulate the procedure for its meetings.
(2) The meetings of the Board shall be
convened by and under the directions of the Chairman.
Provided that
the Federal Government may direct convening of a meeting of the Board at any
time on any matter requiring a decision by the Board.
(3) The meeting of the Board shall be held at
least twice a year.
(4) A simple majority of
the total membership shall constitute the quorum for a meeting of the Board.
(5) The decision of the
Board shall be adopted by simple majority of the Members present and voting.
8. Functions of the Chairman.-The Chairman shall be the
Head of the Organization. He shall directly oversee the Director-General in the
performance of his duties and responsibilities under this Ordinance, shall
guide and direct him, as deemed necessary by him and shall liaise and consult
with the Federal Government, on behalf of the Board, for carrying out the
purposes of this Ordinance.
2
Privileges and Perquisites of the Chairman, Vice-Chairman and
the Members.-The Chairman, Vice-Chairman and the Members of the Board,
other than the official members, shall be entitled to such privileges and
perquisites as may be prescribed.
3
Director-General.-(1) There shall be a Director-General of the
Organization who shall be appointed by the Federal Government on terms and
conditions as may be prescribed.
(2) The Director-General
shall be the Chief Executive Officer of the Organization and shall discharge such
duties and perform such functions as are assigned to him by or under this
Ordinance.
(3) The Director-General
shall comply with such directions that the Federal Government or the Board may
give from time to time.
11. Powers and
functions of the Organization.-The powers and functions of the Organization
shall be to:-
(a) administer and coordinate all government systems for the
protection and strengthening of intellectual property rights under the laws
specified in the Schedule and the rules and regulations made thereunder;
(b) prescribe, regulate or implement measures and standards on any
matter related to or connected with intellectual property right;
(c) accredit or certify and regulate any person as intellectual
property agent;
(d) levy such charges or fees as may be reasonable for services and
facilities provided by the Organization and its constituent offices;
(e) carry out such other works or activities as may be deemed by
the Organization to be necessary, with a view to making the best use of the
assets of the organization;
(f) coordinate, monitor or engage, in conjunction with other
authorities, international agencies or Organizations, in any study or
cooperation project related to intellectual property;
(g) enter into contracts for the supply of goods or materials or
for the execution of works as may be necessary for the discharge of any of its
duties and functions;
(h) supervise and coordinate the working of all intellectual
property offices including the Patent Office, Trade Marks Registry and
Copyright Office;
(i) evolve and maintain a system to provide access to public
documents and information relating to any intellectual property kept or
maintained by the Organization;
(j) advise the Government of Pakistan on policy relating to
intellectual property rights;
(k) plan for development and up-gradation of the intellectual
property infrastructure and capacity in
(l) promote education and research in the field of intellectual
property;
(m) advise the Federal Government regarding the international
negotiations in the area of intellectual property;
(n) engage in human resource development of its officers and
staff;
(o) promote awareness about intellectual property issues in the
public and private sector;
(p) liaise and interact with counterpart Intellectual Property
related organizations in other countries for capacity building and exchange of
information;
(q) propose and initiate intellectual property rights legislation
for the protection of intellectual property rights in
(r) initiate and monitor the enforcement and protection of
intellectual property rights through designated law
enforcement agencies of the
government and collect related data and information. The law enforcement
agencies shall keep the Organization regularly and appropriately informed of
their actions and operations against violations of intellectual property rights
and ensure full liaison and cooperation with the Organization;
(s) develop working manuals, references, materials and procedures
in order to assist in improving the protection of intellectual property rights;
(t) coordinate the implementation of foreign-aided technical
assistance projects on intellectual property; and
(u) perform and carry out any other act, thing or function relating
to intellectual property assigned to it by the Board or the Federal Government.
1
Authentication of orders and other instruments of the
Organization.-All orders, decisions and all other instruments issued by the
Organization shall be authenticated only by the signatures of such officer or
officers who are authorized by the Organization in this behalf.
13. Prohibition of use of
certain names, marks, seals, etc.No person shall use,---
(a) any name, mark or seal, which may resemble the name, mark or
seal of the Organization or contain the expression or any abbreviation of such
expression; or
(b) any mark or trade mark in relation to any article or process
containing the expression Intellectual Property Organization of Pakistan or any
abbreviation of such expression.
14. Exercise of powers of
the Organization by other bodies.-The Federal Government may, in consultation with the
Organization, by notification in the official Gazette, direct that any power
exercisable by the Organization under this Ordinance shall, in relation to such
matters and subject to such conditions as may be specified in the
direction, be exercisable
also by such body or such organization as may be specified in the notification.
15. Certain matters to be
kept confidential.-Any
information coming into notice of the Organization or any of its officers in
relation to any article or process, subject to the provision of this Ordinance
or any other law for the time being in force shall be treated as confidential
and shall not be communicated or revealed to any person:---
Provided that nothing in
this section shall apply to the disclosure of any information for the purpose
of prosecution under this Ordinance.
2
Appointment of officers, etc., by the Organization.- (1) The Organization may, with the prior
approval of the Board, create posts and appoint such officers, employees,
experts and consultants, as it may consider necessary for the performance of
its functions.
(2) The Organization, with
the approval of the Board, shall devise procedures for the appointment of its
officers, employees, experts and consultants.
(3) The Organization, with
the approval of the Board, shall determine the terms and conditions of service
of its officers, employees, experts and consultants and shall also be competent
to take disciplinary action against them.
(4) The civil servants
working in the Organization shall be governed by the Civil Servants Act, 1973
(LXXI of 1973), and rules made thereunder unless absorbed in the Organization.
17. Members and
officers, etc., to be public servants.-The Chairman, Vice-Chairman, Members,
Director-General, officers, employees, experts and consultants of the
Organization shall, when acting or purporting to act in pursuance of any of the
provisions of this Ordinance, be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
18. Intellectual Property
Organization of
(1) There shall be created
a fund to be known as Intellectual Property Organization of Pakistan Fund which
shall vest in the Organization and shall be utilized by the Organization to
meet charges in connection with its functions under this Ordinance including
the payment of salaries and other remuneration to the Director-General,
officers, employees, experts and consultants of the Organization.
(2) The Intellectual
Property Organization of Pakistan Fund shall be financed from the following
sources, namely:-
(a) grants and loans made by the Federal Government or a
Provincial Government;
(b) loans, aid and donations from the national or international
agencies; and
(c) revenue earned from the levy of various charges or fees, etc.
(3) The Intellectual
Property of Organization Pakistan Fund shall be kept in one or more accounts
maintained by the Organization, in local or foreign currency, in any scheduled
bank in
1
Budget.-The Organization shall, in respect of each financial year
submit for approval of the Federal Government, on such date as may be
prescribed, a statement of the estimated receipts and expenditure, including
requirements of foreign exchange for the next financial year.
2
Audit and accounts.-(1) The accounts of the Organization shall be
maintained in the manner prescribed by the Controller General of Accounts.
(2) The Auditor-General of
(3) A copy of the audit report
shall be sent to the Federal Government, alongwith the comments of the
Organization.
(4) The Federal Government
may issue directions to the Organization for the rectification of any item
objected to by the Auditor-General of
1
Power to amend the Schedule.-The Federal Government may,
in consultation with the Organization, amend the Schedule so as to add any
entry thereto or modify or omit any entry therefrom.
2
Mode of recovery.- Any sum payable to the
Organization under this Ordinance shall be recoverable as an arrear of land
revenue.
3
Submission of yearly reports and returns.-(1) Within three months of
the conclusion of each financial year, the Board shall submit an Annual Report
to the Federal Government in respect of the activities of the Board including
the status of its existing programmes, projects and further plans formulated in
furtherance of its aims and objectives.
(2) The Federal Government may require the Organization to furnish it
with,---
(a) any return, statement, estimate, statistics or other
information regarding any matter under the control of the Organization;
(b) a report on any subject with which the Organization is
concerned; and
(c) a copy of any document in the charge of the Organization.
1
Protection of action taken under the Ordinance.-No suit, prosecution or
other legal proceeding shall lie against the Federal Government or the
Organization or any person acting under the Federal Government or the Organization
for anything which is in good faith done or intended to be done in pursuance of
this Ordinance or any rule or regulation made thereunder.
2
Exemption from any provision of this Ordinance.- The Federal Government may,
by notification in the official Gazette, exempt any article or class of
articles from the operation of all or any of the provisions of this Ordinance.
3
Policy directives.-The Federal Government may, as and when it
considers necessary, issue policy directives to the Board in respect of its activities
and the compliance of such directives shall be binding on the Board.
4
Power to make rules.-The Organization may, with
the approval of the Federal Government, make rules for carrying out the
purposes of this Ordinance. On approval of the rules by the Federal Government,
the Federal Government shall notify the same in the official Gazette.
5
Power to make regulations.-The Organization may,
with the prior approval of the Board and by notification in the official
Gazette, make regulations not inconsistent with this Ordinance or the rules
made thereunder to carry out the purposes of this Ordinance.
6
Integration
of the Trade Marks Registry, Copyright Office and Patent Office.- Upon the commencement of this Ordinance,
the Trade Marks Registry, Copyright Office and Patent Office hereinafter
referred to as the said offices shall become part of the Organization, and,-
(a) all assets rights, powers, authorities and privileges and all
properties, movable and immovable, cash and bank balance, reserve funds, investment
and all other interest and rights in, or arising out of such properties and all
debts, liabilities and obligations of whatever kind of the said offices
subsisting immediately before their integration shall stand transferred to and
vest in the Organization;
(b) all officers and other employees of the said offices shall,
notwithstanding anything contained in any law or in any agreement, deed,
document or other instrument, stand absorbed and transferred to the
Organization and shall be deemed to have been appointed or engaged by the
Organization in accordance with the terms and conditions which shall not be
less favourable than in the said offices; and no officer or other employee
whose services are so absorbed and transferred shall be entitled to any compensation
because of such absorption or transfer;
(c) all debts and obligations incurred or contracts entered into
or rights acquired and all matters and things engaged to be done by, with or
for the said offices before their integration, shall be deemed to have been
incurred, entered into, acquired or engaged to be done by or for, the
Organization; and
(d) all suits and other legal proceedings instituted by or against
the said offices before their integration shall be deemed to be suits and proceedings
by or against the Organization and may be proceeded or otherwise dealt with
accordingly.
30.
Authorities to aid the Organization.-All intellectual property enforcement authorities
in the Federation and the Provinces shall render such assistance to the
Organization, as may be necessary, for the protection and enforcement of
intellectual property rights.
31. Removal
of difficulties.-In case
any difficulty arises in giving effect to this Ordinance, the Federal
Government may, for the purpose of removing such difficulty, make such order as
it considers expedient and any such order shall be deemed to be, and given
effect to, as a part of the provisions of this Ordinance,---
Provided that
no such power shall be exercised after the expiry of three years from the
commencement of this Ordinance.
32. Repeal.- The Intellectual Property Organization of
Pakistan Ordinance, 2005 (XI of 2005) is hereby repealed.
THE SCHEDULE
[see
section 11(a)]
(1) The Trade Marks Ordinance, 2001 (XIX of 2001).
(2) The Copyrights Ordinance, 1962 (XXXIV of 1962).
(3) The Patents Ordinance, 2000 (LXI of 2000).
(4) The Registered Designs Ordinance, 2000 (XLV of 2000).
(5) The Registered Layout-Designs of Integrated Circuits
Ordinance, 2000 (XLIX of 2000).
Sd/-
(MOHAMMED MIAN SOOMRO)
ACTING PRESIDENT
Sd/-JUSTICE (RETD.) MANSOOR
AHMED
Secretary
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