(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.
[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).