Updated: Saturday March 01, 2014/AsSabt
Rabi' Thani 29, 1435/Sanivara
Phalguna 10, 1935, at 10:21:37 PM
The Intellectual Property
Organization of
ACT NO. XXII OF 2012
An Act to provide for the establishment of
Intellectual Property Organization of Pakistan
[Gazette of
No. F. 9(10)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on 3rd December, 2012, is hereby published
for general information:-
WHEREAS
Intellectual Property Rights including copyrights, trade-marks, patents,
designs, lay-out, designs of integrated circuits, trade secrets and other
intellectual property laws; supported by other laws are powerful tools for
economic growth. The protection of these and similar intellectual property
rights of the citizens is essential to foster creative thinking, stimulate
creativity, provide incentives for technological innovations, and attract
investment;
AND WHEREAS it
is expedient to establish the Intellectual Property Organization of Pakistan to
provide for the institutional arrangement in the state setup for taking up
exclusively and comprehensively all subjects and matters relating to
intellectual property rights in an integrated manner and for matters connected
therewith or incidental thereto;
It is hereby
enacted as follows,---
1. Short title,
extent and commencement.—(1) This Act
may be called the Intellectual Property Organization of Pakistan Act, 2012.
(2) It extends to the whole of
(3) It shall come into force with effect from
the 28th August, 2012 except the provisions of Section 15, 16, 17, 18 and 19
which shall come into force on such date as the Federal Government may, by
notification in the official Gazette, appoint.
2.
Definitions.—In this Act,
unless there is anything repugnant in the subject or context,---
(a) “Board”
means the Policy Board constituted under Section 4;
(b) “Chairman”
means the Chairman of the Organization appointed under Section 9;
(c) “Code”
means the Code of Criminal Procedure, 1898 (Act V of 1898) or Code of Civil Procedure
(Act V of 1908), as the case may be;
(d) “Director
General” means the Director-General appointed under Section 12;
(e) “employee”
means any officer or staff of the Organization excluding a person hired on
daily wages or contingent basis;
(f) “Fund”
means the fund established under Section 26;
(g) “Intellectual
Property” includes a trademark, patent, industrial design, layout-design
(topographies) of integrated circuits, copyright and related rights and all
other ancillary rights;
(h) “Intellectual
Property Laws” means the laws specified in the Schedule;
(i) “Member”
means a member of the Board;
(j) “offence”
means an offence as defined in Intellectual Property Laws;
(k) “Organization”
means the Intellectual Property Organization of Pakistan established under
Section 3;
(l) “prescribed”
means prescribed by rules;
(m) “rules”
means the rules made under this Act;
(n) “regulations”
means the regulations made under this Act;
(o) “Secretary” means the Director-General of
the Organization;
(p) “Schedule”
means the schedules to this Act; and
(q) “Tribunal” means an Intellectual Property
Tribunal established under Section 16.
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 Act.
(2) The Organization shall be an autonomous
body having perpetual succession and a common seal with powers, subject to the
provisions of this Act, to hold and dispose of property both movable and
immovable and shall by the said name sue and be sued and may enter into
contracts, acquire, purchase, take, hold, enjoy, covey, assign, surrender,
yield up charge, mortgage, demise, reassign, transfer or otherwise dispose of
or deal with, any movable or immovable property of every description or any
interest vested in it, upon such terms as it deems fit.
(3) The head office of the Organization shall
be in
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 and fourteen other Members as
specified in sub-section (2).
(2) The Board shall consist of the following,
namely:---
(a) five Member from the public sector who
shall be the,---
(i) Secretary
to the Government of Pakistan, Cabinet Division, ex-officio;
(ii) Secretary
to the Government of Pakistan, Interior Division, ex-officio;
(iii) Secretary
to the Government of Pakistan, Commerce Division, ex officio;
(iv) Secretary
to the Government of Pakistan, Information and Broadcasting Division, ex-officio; and
(v) Chairman,
Federal Board of Revenue, ex-officio;
(b) five Members to be appointed by the Federal
Government from private sector; and
(c) four Members from the provinces, as
recommended by the Provincial Governments to be appointed by the Federal
Government. Eligibility criteria of these Members shall be specified by the
Federal Government, by notification in official Gazette, in consultation with
the Chairman.
(3) The Chairman shall be the Chairman of the
Board.
(4) The Director-General shall also act as
Secretary of the Board.
(5) If any Member specified in clause (a) of
sub-section (2) is absent or is unable to attend a meeting of the Board, he may
authorize an officer, not below the rank an officer of BPS-20 of his Division.
(6) The Chairman shall, in the event of a tie,
have a casting vote.
(7) The Members from private sector shall be
appointed by the Federal Government for a term of three years and shall be
eligible for re-appointment for a second term of three years.
(8) In case of death, resignation or removal of
a Member another person may be appointed as a Member for the term specified at
sub-section (7).
(9) No person shall be appointed or continued
as a Member if he,---
(a) has been
convicted of an offence involving moral turpitude; or
(b) has
been or is adjudged insolvent;
(c) is incapable
of discharging his duties by reason of physical, psychological or mental
unfitness and has been declared so by a registered medical practitioner
appointed by the Federal Government; and
(d) deemed
incapable of carrying out his responsibilities for any other reason.
5. Powers
of the Federal Government.—Notwithstanding
anything contained in this section the Federal Government may, by notification
in the official Gazette, increase or decrease the number of Members of the
Board and issue directions to the Organization.
6. Functions
etc., of the Board.—(1) The Board
shall be responsible for setting of objectives and policy guidelines of the
Organization.
(2) Subject to the provisions of the Act, in
particular and without prejudice to the generality of sub-section (1), the
Board shall,---
(a) take policy decisions as well as advise the
Federal Government on all matters relating to,---
(i) developing processes, service structure
and propose rules for the services specifically designed to ensure protection
of intellectual property laws in
(ii) ensuring implementation of intellectual
property rights in
(iii) expressing its opinion in writing on any
policy matter referred to it by the Federal Government or the Organization;
(b) consider and approve policies, plans and
programmes of the Organization;
(c) consider and approve, with or without
modification, any regulations, with respect to implementation of policy
decisions proposed to be made by the Organization under this Act;
(d) formulate procedures and necessary
framework for utilization of funds generated or acquired through services,
donations, investments or grants, etc.;
(e) specify and propose fees, penalties and
other charges chargeable by the Organization with the approval of Federal
Government for carrying out the purposes of this Act; and
(f) exercise all such powers and perform all
such functions as are conferred or assigned to it under this Act.
(3) All policy decisions, including the change
in the previously established policy, in respect of all and any matters within
the jurisdiction of the Organization shall be made only by the Board.
(4) All policy decisions and directives of the
Board shall be published in the official Gazette.
7. 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.
8. Meetings
of the Board.—(1) 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.
(2) The Board shall meet as often as may be
necessary for the performance of its functions but it shall meet not less than
two times in a calendar year.
(3) A simple majority of the total membership
shall constitute the quorum for a meeting of the Board. Agenda of the meeting
shall be presented only once the quorum is complete. The decision in the Board
shall be adopted by simple majority of the Members present and voting.
(4) Subject to the provisions of this Act, the
procedure and conduct of business of the Board shall be regulated by the
regulations.
(5) No act or proceedings of the Board shall be
invalid by reason only of the existence of a vacancy in the constitution of the
Board.
(6) In case the Chairman is absent or his
office is vacant for any reason, the Secretary Cabinet Division shall chair the
meetings of the Board.
9. Chairman.—(1) There shall be a Chairman of the Organization to
be appointed by the Federal Government for a term of three years.
(2) The Chairman shall be entitled to such
privileges and perquisites as may be prescribed.
(3) The Chairman may resign from his office at
any time by notice in writing addressed to the Federal Government.
(4) A vacancy in the Organization caused by the
death or resignation of the Chairman shall be filled by the Federal Government
within ninety days of the occurrence of such vacancy.
(5) The Chairman may, by general or special
order in writing, subject to such limitations, restrictions or conditions,
delegate all or any of his powers and functions to the Director-General
including the powers delegated to him under Section 7.
10. Privileges
and perquisites of the Members.—The
Members other than public sector Members shall be entitled to such privileges
and perquisites as may be prescribed.
11. Functions
and powers of the Chairman.—(1) The
Chairman shall preside the meetings of the Board.
(2) The Chairman shall supervise and oversee
the Director-General in the performance of his duties and responsibilities
under this Act and shall guide and direct him, as deemed necessary.
(3) The Chairman shall exercise all such powers
and perform all such functions as are conferred or assigned to him under this
Act.
12. Director-General.—(1) There shall be a Director-General of the
Organization who shall be appointed by the Federal Government in consultation
with the Chairman on such terms and conditions as may be prescribed.
(2) A person shall not be appointed as a
Director-General unless he is a Federal Government officer of not below the
rank of BPS 21.
(3) The Director-General shall be the
functional head of the Organization and shall be responsible for day to day
administration of the affairs of the Organization.
(4) The Director-General shall comply with such
directions and decisions of the Federal Government, Chairman or the Board
issued from time to time.
(5) The Director-General shall assist the
Chairman in formulating policy framework to update the Organization and to
fulfill obligations of the State on the subject to be presented before the
Board for approval.
(6) The Director-General shall be competent in
managing the human resource and other resources of the Organization in the
light of Act and the decisions of the Federal Government, Chairman and the
Board.
13. Powers and
functions of the Organization.—The
powers and functions of the Organization shall be to,---
(i) administer
and coordinate all Government systems for the protection and strengthening of
intellectual property laws, rules and regulations made thereunder;
(ii) manage
or implement measures and standards on any matter related to or connected with
Intellectual Property;
(iii)
accredit or certify any person as intellectual property agent;
(iv) levy
such charges or fees for services and facilities provided by the Organization and
its constituent offices with the approval of Federal Government;
(v) 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;
(vi) coordinate,
monitor or engage, in conjunction with other authorities, international
agencies or organizations, in any study, training or cooperation project
related to intellectual property;
(vii)
enter into contracts for the supply of goods or services or materials or for
the execution of works as may be necessary for the discharge of any of its
duties and functions;
(viii) control, manage, supervise, direct and
coordinate the working of all intellectual property offices established under
intellectual property laws and any other office or registry established under
intellectual property laws to be notified by the Federal Government and any
other registry or office as prescribed;
(ix) evolve
and maintain a system to provide access to public documents and information
relating to any intellectual property kept or maintained by the Organization;
(x) advise
the Federal Government on policy relating to intellectual property rights;
(xi) plan
for development and upgradation of the intellectual property infrastructure and
capacity in
(xii) promote education and research in the field
of intellectual property;
(xiii) advise the Federal Government regarding the
international negotiations in the area of intellectual property;
(xiv)
engage in human resource development and training of its officers and staff;
(xv) promote
awareness about intellectual property issues in the public and private sector
through print and electronic media, etc;
(xvi) liaise and interact with counterpart
intellectual property related organizations in other countries for capacity
building and exchange of information;
(xvii) propose and initiate intellectual
property rights legislation for the protection of intellectual property rights
in
(xviii)
initiate and monitor the enforcement and protection of intellectual property
rights through designated law enforcement agencies of the Government, Federal
or Provincial, and collect related data and information;
(xix) initiate and conduct inquires, investigations
and proceedings related to offences in the prescribed manner;
(xx) refer
matters and complaints, related to offences under the laws specified in the
Schedule, to the concerned law enforcement agencies and authorities as may be
necessary for the purposes of this Act;
(xxi) advice any person, legal or natural, on any
matters related to intellectual property rights including compliance,
enforcement and infringement thereof;
(xxii) develop working manuals, references, materials
and procedures in order to assist in improving the protection of intellectual
property rights;
(xxiii)
engage in intellectual property rights advocacy;
(xxiv)
coordinate the implementation of foreign-aided technical assistance projects on
intellectual property;
(xxv) attend foreign funded international forums,
conferences, meetings or training programmes etc., with the approval of Federal
Government;
(xxvi)
work for ratification of instruments as suited to the best national interest;
and
(xxvii)
perform and carry out any such other acts, things or functions relating to
intellectual property assigned to it by the Board or the Federal Government.
14. Intellectual
property rights advocacy.—The
Organization shall promote intellectual property through advocacy which, among
others, shall include,---
(a) creating awareness and imparting training
about intellectual property issues and taking such other actions as may be
necessary for the protection of intellectual property rights;
(b) reviewing policy frameworks for
intellectual property rights and making suitable recommendations for amendments
to other laws that affect intellectual property rights in Pakistan to the
Federal Government and Provincial Governments;
(c) holding open hearings on any matter
affecting the state of intellectual property rights in Pakistan or affecting
the State’s commercial activities in this regard and expressing publicly an
opinion with respect to the issue;
(d) posting on its website inquiries under
review and completed, educational material etc; and
(e) coordinating with trade associations and
other related organizations or fora
for awareness and implementation of the laws mentioned in the schedule.
15. Trial of
offences.—Notwithstanding anything
contained in any other law for the time being in force, an accused shall be
tried and prosecuted for an offence in the Tribunal and the case shall be heard
from day to day and shall be disposed of within ninety days.
16.
Establishment of Intellectual Property Tribunals.—(1) The Federal Government may, by notification in the
official Gazette, establish as many Tribunals as it considers necessary to
exercise jurisdiction under this Act, appoint a Presiding Officer for each of
such Tribunal and where it establishes more Tribunals than one, it shall
specify in the notification the territorial limits within which each of the
Tribunal shall exercise its jurisdiction.
(2) Where more than one Tribunal has been
established to exercise jurisdiction in the same territorial limits, the
Federal Government shall define the territorial limits of each such Tribunal.
(3) Where more than one Tribunal has been
established in the same or different territorial limits, the High Court may, if
it considers it expedient to do so in the interest of justice or for the
convenience of the parties or of the witnesses, transfer any case from one
Tribunal to another.
(4) A Presiding Officer of the Tribunal shall
be appointed by the Federal Government after consultation with the Chief
Justice of the High Court concerned in which the Tribunal is established and no
person shall be appointed a Presiding Officer of a Tribunal unless he,---
(a) has been a judge of High Court; or
(b) is or has been a District and Sessions
Judge; or
(c) is an
advocate qualified for an appointment as a Judge of the High Court.
(5) A Tribunal shall hold its sitting at such
places within its territorial jurisdiction as may be determined by the Federal
Government.
(6) A Presiding Officer of a Tribunal, not
being a District and Sessions Judge, shall be appointed for a term of three
years from the date on which he enters upon his office.
(7) The salary, allowances and other terms and
conditions of service, of a person appointed as a Presiding Officer of a
Tribunal shall be as may be determined by the Federal Government.
(8) A person, not being a District and Sessions
Judge, appointed as a Presiding Officer of a Tribunal may, by notice in writing
under his hand addressed to the Federal Government, resign from his office.
(9) A Presiding Officer shall not be removed or
transferred from his office before the completion of term of office without the
consultation of the Chief Justice of the High Court concerned.
(10) A Presiding Officer shall be eligible for
re-appointment for a similar term and shall cease to hold office on attaining
the age of sixty five years or the expiry of term, whichever is earlier.
(11) The Tribunal may, if it so requires, be
assisted in technical aspects of intellectual property rights involved in any
case by an expert who has experience and expertise in the matters of
intellectual property rights.
(12) Remuneration of the expert, and the party or
parties by whom the same shall be payable shall be determined by the Tribunal
keeping in view the circumstances of each case.
17. Powers of
the Tribunals.—(1) Subject to the
provisions of the Act, the Tribunal shall,---
(a) in the exercise of its civil jurisdiction,
have all the powers vested in a
(b) in the exercise of its criminal
jurisdiction, try offences made punishable under this Act and shall, for this
purpose have the same powers as are vested in a Court of Sessions under the
Code of Criminal Procedure, 1898 (Act V of 1898);
(2) The Tribunal shall in all matters with
respect to which the procedure has not been provided for in this Act, follow
the procedure laid down in the Code,
(3) All proceedings before the Tribunal shall,
be deemed to be judicial proceedings within the meaning or Sections 193 and 228
of the Pakistan Penal Code (Act XLV of 1860).
(4) Subject to sub-section (5), no Court other
than a Tribunal shall have or exercise any jurisdiction with respect to any
matter to which the jurisdiction of the Tribunal extends under this Act.
(5) Nothing in sub-section (4) shall be deemed
to affect any proceedings pending before such Court immediately before the
coming into force of this Act.
(6) All suits and proceedings pending in any
Court instituted under intellectual property laws shall stand transferred to,
and be heard und disposed of by, the Tribunal having jurisdiction under this
Act. On transfer of proceedings under this sub-section, the parties shall
appear before the Tribunal concerned on the date previously fixed.
(7) In respect of proceedings transferred to the
Tribunal under sub-section (6), the Court shall proceed from the stage which
the proceedings had reached immediately prior to the transfer and shall not be
bound to recall and re-hear any witness and may act on the evidence already
recorded or produced before a Court from which the proceedings were
transferred.
18. Jurisdiction
of the Tribunals.—(1) All suits and
other civil proceedings regarding infringement of intellectual property laws
shall be instituted and tried in the Tribunal.
(2) Notwithstanding anything contained in any
other law for the time being in force, the Tribunal shall have exclusive
jurisdiction to try any offence under intellectual property laws.
19. Appeals
from Court.—Any person aggrieved by
the final judgment and order of the Tribunal under this Act may, within thirty
days of the final judgment or order of the Tribunal, prefer an appeal to the
High Court having territorial jurisdiction over the Tribunal.
20. 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 Director-General in this behalf.
21. Prohibition
of use of certain names, marks, seals, etc.—No person shall use any—
(a) name,
mark or seal, which may resemble the name, marks or seal of the Organization or
certain the expression or any abbreviation of such expression; or
(b) mark or
intellectual property in relation to any article or process containing the
expression Organization of Pakistan or any abbreviation of such expression.
22. 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 Act 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.
23. 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 Act 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 Act.
24. 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, on such terms and
conditions as may be prescribed.
(2) The Director-General shall be empowered for
transfers and postings of all the officers, employees and servants of the
Organization, the Trademarks Registry, Copyright Office, Patent Office and any
other office established under intellectual property laws as he deems fit and
appropriate for proper and efficient working of the Organization.
(3) 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.
25. Members
and officers, etc., to be public servants.—The Chairman, 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 Act, be deemed to be public servants
within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
26. Intellectual
Property Organization of Pakistan Fund.—(1)
There shall be established 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 Act including the payment of salaries provident fund, loans and
advances, staff welfare assistance package, and other remuneration to the
Chairman, Director-General, officers, employees, experts and consultants of the
Organization and payment against hired services of and for the Organization.
The Fund may also be used for workshops, seminars and other event arranged by
the organization regarding intellectual property rights.
(2) The 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;
(c) revenue
earned from the levy of various charges or fees, etc; and
(d) income
and profits derived from the investments made by the Organization.
(3) The Fund shall be kept in one or more
accounts maintained by the Organization, in local or foreign currency, in any
scheduled bank in
27. 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.
28. 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
29. Power to
amend the Schedule.—The Federal
Government may, in consultation with the Board, amend the Schedule so as to add
any entry thereto or modify or omit any entry therefrom.
30. Submission
of yearly reports and returns.—(1)
Within three months of the conclusion of each financial year, the Board shall
submit an Annual Report together with a copy of statement of accounts of the
Organization certified by the auditors and a copy of the auditors’ 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 submit it to,---
(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.
31. Protection
of action taken under the Act.—No
suit, prosecution or other legal proceeding shall lie against the Federal
Government, the Board 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 Act or any rule or regulation made
thereunder.
32. Exemption
from any provision of this Act.—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 Act.
33. Policy
directives.—The Federal Government
may, as and when it considers necessary, issue policy directives to the Board
in respect of its role and functions and the compliance of such directives
shall be binding on the board.
34. Power to
make rules.—The Organization may,
with the approval of Federal Government, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
35. 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 Act or the rules made
thereunder to carry out the purposes of this Act.
36. Integration
of the Trade Marks Registry, Copyright Office and Patent Office.—Notwithstanding anything contained in any other law
for the time being in force and upon the commencement of this Act, the
Trademarks Registry, Copyright Office and Patent Office hereinafter referred to
as the said offices shall become part of the Organization,—
(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, not withstanding anything
contained in any law or in any agreement, deed, document or other instrument,
shall 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 favorable 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.
Such officers and other employees shall have the option either to remain civil
servants, or to be employees of the Organization. The option once exercised
shall be irrevocable. After exercising the option, the employee or employees
shall cease to be a civil servant for all purposes and shall be entitled to
such remuneration, allowances and other terms and conditions of the employment
as are applicable to the employees of the Organization. In the event of such a
person opting to remain as a civil servant, he shall continue to be governed by
Civil Servants Act 1973 (LXXI of 1973) and the rules made thereunder in all
matters. The Organization shall contribute to the pension, gratuity and final
payment of provident fund in accordance with the rules as applicable lo the
civil servant;
(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.
37. Authorities
to assist and aid the Organization.—All
concerned law enforcement agencies and authorities in the Federation and the
Provinces shall be under an obligation to provide and render full and complete
assistance to the Organization as the Chairman or Director-General may deem fit
and proper to demand or require for carrying out the purposes of this Act.
38. Removal
of difficulties.—In case any difficulty
arises in giving effect to this Act, the Federal Government may, for the
purposes 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 Act.
39. Act to override other laws.—The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force.
THE SCHEDULE
[see Section 2(h)]
(1) The Trade Marks Ordinance, 2001 (XIX of
2001).
(2) The Copyright 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).
(6) Sections 478, 479, 480, 481, 482, 483, 485,
486, 487, 488 and 489 of
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