ACT NO. XXII OF 2012
An Act to provide for the establishment of
Intellectual Property Organization of Pakistan
[Gazette of Pakistan, Extraordinary, Part-I, 6th December, 2012]
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 Pakistan.
(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 Islamabad. The Organization may establish and
close down offices, with approval of the Board, at such places in Pakistan, as it
considers appropriate.
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 Pakistan;
(ii) ensuring implementation of intellectual
property rights in Pakistan
in coordination with concerned agencies; and
(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 Pakistan;
(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 Pakistan;
(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 Civil Court under
the Code of Civil Procedure, 1908 (Act V of 1908);
(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 Pakistan and shall be operated in
accordance with the directions of the Board.
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 Pakistan
shall conduct audit of the accounts of the Organization.
(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 Pakistan and
the Organization shall comply with such directions.
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 Pakistan Penal Code (Act XLV of
1860).
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