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IPO Ordinance 2005

IPO Ordinance 2005

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Published by: Redmax! on Oct 05, 2011
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GOVERNMENT OF PAAKISTAN
LAW, JUSTICE AND HUMAN RIGHTS DIVISION
***F. No. 2(1)/2005-Pub Islamabad, the 4
th
December 2005The following ordinance promulgated by the President ispublished for general information:
Ordinance No. XXI of 2005
ANORDINANCE
to provide for the establishment of the Intellectual Property Organizationof Pakistan
WHEREAS
it is expedient to establish the Intellectual PropertyOrganization of Pakistan to provide for the protection of IntellectualProperty Rights in Pakistan and for matters connected therewith orincidental thereto;
AND WHEREAS
the National Assembly is not in session and thePresident is satisfied that circumstances exist which render it necessaryto 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 followingOrdinance:-
1.
 
Short title, extent and commencement
.- (1) ThisOrdinance may be called the Intellectual Property Organization of Pakistan Ordinance, 2005.(2) It extends to the whole of Pakistan.
 
2(3) It shall come into force at once and shall be deemed to havetaken effect on the 7
th
day of December 2005.
2.
 
Definitions.-
In this Ordinance, unless there is any-thingrepugnant in the subject or context,-(a) “Board” means the Policy Board constituted undersection 4;(b) “Chairman” means the Chairman of the Board and Headof the Organization;(c) “Director General” means the Director-General appointedunder section 8;(d) “Federal Government” means the Cabinet Division;(e) “Intellectual Property” includes a patent, industrialdesign, layout-design (topographies) of integratedcircuits, copyright and related rights, service mark, trademark, trade name, undisclosed information or tradesecrets, traditional knowledge, geographical indications,technical know-how and ideas for new products andmarkets, including the commercial information aboutcustomer or any combination thereof;(f) “Member” means a member of the Board;(g) “Organization” means the Intellectual PropertyOrganization of Pakistan established under section 3;(h) “prescribed” means prescribed by rules;(i) “rules” means the rules made under this Ordinance;(j) “regulations” means the regulations made under thisOrdinance; and(k) “schedule” means a schedule to this Ordinance.
3. Establishment of the Organization.-
(1) There shall beestablished an organization to be known as Intellectual PropertyOrganization of Pakistan to carry out the purposes of this Ordinance.(2) The Organization shall be a body corporate having perpetualsuccession and a common seal with powers, subject to the provisions of 
 
3this Ordinance, to hold and dispose of the property both movable andimmovable and shall by the said name sue and be sued.(3) The Organization shall be an autonomous Organization underthe administrative control of the Cabinet Division.(4) The Federal Government may setup offices of theOrganization at such places, as it may deem necessary, as and whenrequired.
4.
 
Policy Board
.- (1) The Federal Government shall, bynotification in the official Gazette, constitute a Policy Board of theOrganization consisting of the Chairman, Vice-Chairman and such othermembers from the public and private sectors, as it may deem fit.(2) Notwithstanding the composition of the Board constitutedunder sub-section (1), the Federal Government may increase or decreasethe number of members and prescribe the qualifications and mode andmanner of their appointment.(3) The Director-General shall act as
ex officio
Secretary of theBoard.
5. Functions and powers of the Board
.- (1) The Board shallbe responsible for setting of objectives and policy guidelines of theOrganization in accordance with the powers and functions provided insection 11.(2) The general direction and administration of the Organizationand its affairs shall vest in the Board which shall exercise all powers,perform all functions and do all acts and things, which may be exercised,performed or done by the Organization under this Ordinance.(3) In particular and without prejudice to the generality of theforegoing powers, the Board shall,-

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