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ORDINANCE NO. IV OF 2012

INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN ORDINANCE, 2012

An Ordinance to provide for the establishment of Intellectual Property Organization of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 24th 2012]

No. 2(1)/2012-Pub.—The following Ordinance promulgated by the President is hereby published for general information:—

WHEREAS Intellectual Property rights including copyrights, trademarks, patents, designs, lay-out designs of integrated circuits and ancillary rights are powerful tools for economic growth. The protection of these and similar Intellectual Property rights of the citizens are essential to foster creative thinking, stimulate creativity, provide incentives for technological innovations, and attract investment;

 

AND WHEREAS it is expedient to establish the Intellect Property Organization of Pakistan to provide for the awareness of Intellectual Property Rights inPakistan and for matters connected therewith or incidental thereto;

AND WHEREAS the Senate and National Assembly are 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, namely:—

PART I

PRELIMINARY

1.       Short title, extent and commencement.—(1) This Ordinance may be called the Intellectual Property Organization of Pakistan Ordinance, 2012.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force at once, 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 Ordinance, 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" mean 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 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)      "person" includes, unless the context otherwise requires, Chairman, Director-General, directors, by whatever name called, or anyone exercising control over the affairs of such company or body corporate and in the case of firm, partnership, association of person or sole proprietorship, the partners, proprietor or any person having interest in such firm, partnership, association of person, sole proprietorship concern or direction or control thereof;

(m)    "prescribed" means prescribed by rules;

(n)     "rules" means the rules made under this Ordinance;

(o)     "regulations" means the regulations made under this Ordinance;

(p)     "Secretary" means the Director-General of the Organization;

(q)     "Schedule" means the Schedule to this Ordinance; and

(r)      'Tribunal” means an Intellectual Property Tribunal established under Section 16.

PART II

THE ORGANIZATION

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 an autonomous body having perpetual succession and a common seal with powers, subject to the provisions of this Ordinance, 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 properly 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 Members 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;

          (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 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 (1) 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 in sub-section (7).

(9)     The Chairman shall initiate the proposal for appointment of members, other than ex-officio Members within sixty days of occurrence of vacancy for the approval of the Federal Government.

(10)   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.       Power 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 this Ordinance, 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 Ordinance;

(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 Ordinance; and

(f)      exercise all such powers and perform all such functions as are conferred or assigned to it under this Ordinance.

(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 meeting 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 taken by simple majority of the Members present and voting.

(4)     Subject to the provisions of this Ordinance, 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 Ordinance 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 Ordinance.

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 recourses of the Organization in the light of Ordinance 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 and the 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 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 may be prescribed;

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