WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/PAK/D/l 
12 March 2002 
(02-1275) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
PAKISTAN 
The present document reproduces the texe of the Industrial Designs Ordinance, 2000, as 
notified by Pakistan under Article 63.2 of the Agreement (see document IP/N/lIPAKl2). 
Conseil des aspects des droits de propril~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
PAKISTAN 
Le present document contient le texte1 de l'Ordonnance de 2000 sur les dessins et modeles 
industriels, notifiee par le Pakistan au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIP AKl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
PAKISTAN 
En el presente documento se reproduce el texto1 de la Orden sobre Dibujos y Modelos 
Industriales, de 2000, que el Pakistan notifico de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/NIlIPAKl2). 
1 In English only'/En anglais seulement.lEn ingles solamente. TPlNllIPAK/D/l 
Page 2 
MfNISTRY OF LA''', JUSTICE, HUMAN RIGHTS AND 
PARLIAMENTARY AFFAIRS 
(Law, Justice and Human Rights Division) 
/sIO/J1o/Jod. the 7th September; 2000 
No. F. 2( I )/2000-Puh.-The following Ordinance made by the President 
is hereby published for general information :-
ORDINANCE NO. XLV OF 2000 
AN 
ORDINANCE 
to repeal and to re-enact the law relating to industrial designs 
WHEREAS it is expedient to repeal and re-(:mact me law relating to the 
protection of industrial designs, and for matters ancillary thereto or connected therewith; 
AND WHEREAS, the National Assembly and the Senate stand suspended 
in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, 
and the Provisional Constitution Order No. 1 of 1999: 
AND WHEREAS, the President is satisfied that circumstances exist which 
render it necessary to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the 
fourteenth day of October, 1999, and Provisional Constitution Order No. 1 of 1999, as well as 
Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of 
the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-
CHAPTER I -PRELIMINARY 
1. Short title, ~xtent and commencement.:.- This Ordinance may 
be called the Registered Designs Ordinance, 2000. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once. 
2. Definitions.- In this Ordinance, uniess there is anything 
repugnant in the subject or context,-
(a) "article" means any article of manufacture and includes any 
part of an article if made and sold separately; I P/NllIPAK/OI I 
Page 3 
(b) "assignee" includes the legal representative of a Qeceased 
assignee, and any, references to the assignee of any 
person include references to the assignee of the legal 
representative or assignee of that person; 
(c) " Convention country" means a country declared as such 
under section 9; 
(d) "registration of design" means the right to prevent third 
parties from applying a design to an article and from 
making, importing, selling, hiring or offering for sale or hire­
any article in respect of which a design is registered, being 
an article to which the registered design or a design not 
substantially different from the registered design has been 
applied, and from making anything enabling such article to 
be made as aforesaid, except with the license or written 
consent of the registered proprietor, 
(e) "design" means features of shape, configuration, pattern or 
ornament applied to an article by any industrial proce:;s or 
means, being features' which in the finished article appeal 
to and, are judged solely by the eye, but does ,",otinclude a 
method or principle of construction or features of shape or 
configuration which are dictated solely by technical and 
functional considerations: 
(f) "Patent Office" means the Patent Office established, or 
deemed to have been established under section 4; 
(g) "prescribed" means prescribed by rUles; 
(h) "proprietor or creator ota design means,-
(i) where the author or creator of tt:le design, for good 
consideration, execute,s, the work for sqr:ne other 
person, the person for whom the design is so 
executed; 
(ii) where, a design or the right to apply a destgn to at1 
article becomes vested, whether by ~ssjgnment, 
transmission or operation of law, in any person other 
than the original proprietor, either alone or jointly with 
the original oroprietor, in respect and to the extent in 
and to which the design ,or rigflt has been so vested, 
that other person or, as the case may be, the original 
proprietor and that· other person; IP/N/1/PAK/D/l 
Page 4 
(iii) if and to theext'ent to which two or more. persons 
have created the same design independently or each 
other, the person whose application has the earliest 
filing date or,' .if priority is claimed, the earliest validity 
claimed priority date shall have the right' to the 
registration of industrial design, as long as the said 
application is not withdrawn .. abandoned or rej~cted; 
and 
(iv) in any. other case, the author or creator of the design 
as may be assigned or as may be transferred by 
succession: 
(i) ~:register" means the register of designs kept in pursuance 
of section 16; 
(j) "registered pror::rietor or agent", in respect of, a design, 
means the person. for the time being entered in the register 
of designs as proprietor of the design; 
(I<) "Registrar" means the Controller of Patents. and D~signs 
appointed under section 3 of the Patents Ordinance 2000' .' ,1 
(I) "rules" means .rules made under this Ordinance; and 
(m) "set of articles" means a number of articles of the same 
general character ordinarily on sale or intended to be used 
together, to each of which the same design, or the same 
design with modifications or. variations riot sufficient to alter 
the character or substantially to affect the identity thereof, 
is applied and-
(i) 
(ii) any reference in this Ordinance to an article in respect 
of which a design is registp.red. shall, in the case of a 
design registered in respect of a set of articles, be 
Qonstrued as a reference to any article of that set; and 
any question arising under this Ordinance whether a 
number of articles constitute a set of articles shall be 
determined by the Registrar; and, notwithstanding 
anything contained in -this Ordinance, any 
determination of the' Registrar under this sub-section 
shall be finaL IP/N/1/PAK/DIl 
Page 5 
CHAPTER 11.-REGISTRABLE DESIGNS AND .PROCEEDiNGS FOR REGISTRATION 
3. Registrable designs.- (1) A design may, upon application made 
by the person claiming -to be the proprietor, be registered under this Ordinance in 
respect of any article or the set of articles specified in the application. 
(2) Subject to the provisions of this Ordinance, a design shall not be 
registered unless it is neW or original and, in particutar, shall not be so registered in 
respect of any article Int is the same as a design which before the date of the application 
for registration has been registered in Pakistan or published anywhere in the world in 
respect of the same or any other article or differs from such a design only in immaterial 
details or in features which are variants commonly used in the trade. 
Explanation.- Designs are not new or original if they do not significantly differ 
from known designs or combination of design features. 
(3) For the purposes of novelty, any disclosure to the public of the industrial 
design shall not be taken into consideration if _it occurred within twelve months preceding 
the filing date or, where applicable, the priority date, of the application and if it was by 
reason or in consequence of acts committed by the applicant or his predecessor in title 
or of an abuse committed by a third party with regard to the applicant or his predecessor 
in title. 
(4) The Federal Government may make rules to provide for excluding from 
registration under this Ordinance designs that are contrary to public order or morality. 
4. Establishment of Patent Office!.- There shall be established an 
office to be called the Patent Office and, until a' Patent Office is established under this 
section, the Patent Office functioning under the Patents and Designs Act, 1911 (11 of 
1911), shall continue to function and shall be deemed to have been established under 
this Ordinance. 
5. Proceedings for -registration.- (1) An application for the 
registration of a design shall be in the prescribed form and shall be filed at the Patent 
Office in the prescribed manner. 
(2) For the purpose of deciding w~elher a design is new or original, 
the Registrar may make such inquiries, if any, as he thinks fit. 
(3) The Registrar may refuse any application for the registration of a 
design or may register the design, in pursuance of the application subject to such 
modifications, if any, as he thinks. 
(4) An application which, owing to any default or neglect on the part of 
the applicant, hCilS not been completed so as to enable registration to be e-ffected within 
the prescribed time shall be deemed to be abandoned .. TPINI1 IPAK/OIl 
Page 6 
(5) Except as otherwise expressly provided in this Ordinance, a 
design when registered shall be registered as of the date on which the application for 
registration was made, or such other date, whether earlier or later than that date, as the 
Registrar may in any particular case direct: 
Provided that no proceedings shall be taken in respect of any 
infringement committed before the date on which the certificate of registration of the 
design under this Ordinance is issued. 
(6) An appeal shall lie to the High Court from any decision of the 
Registrar under sub-section (3). 
6. Registration of same design in respect of other articles, etc.-
(1) Where the registered proprietor of a design registered in respect of any article 
makes an application-
(a) for registration in respect of one or more other articles of 
the registered design, or 
(b) for registration in respect of the same or one or more other 
articles of a design consisting of the registered design with 
modifications or variations not sufficient to alter the 
character or substantially to affect the identity thereof, 
the application shall not be refused and the registration made on that application shall 
not be invalidated by reason only of the previous registration or publication of the 
registered design: 
Provided that the period of registration of a design registered by virtue of 
this section shall not extend beyond the expiration of the original and any extended 
period of registration in the original registered design. 
(2) Where any person makes an application for the registration of a 
design in respect of any article and either-
(a) that design has been prevIously registered by another 
person in respect of some other article; or 
(b) the design to which the application relates consists of a 
design previously registered by another person in respect 
of the same or some other article with modifications or 
variations not sufficient to alter the character or 
substantially to affect the identify thereof, 
then, if at any time while the application is pending the applicant becomes the registered 
proprietor of the design previously registered, the foregoing provisions of this section 
shall apply as if at the time of making the application the applicant had been the 
registered proprietor of tnat design. CHAPTER 111.-EFFECT OF REGISTRATION, ETC. TP!NllIPAK/DI1 
Page 7 
7. Registration of designs.- (1) The registration of a design under 
this Ordinance shall give to the registered proprietor the registration in the registered 
design for a period of ten years from the date of registration. 
(2) The owner of a registered design shall have the right to exclude 
third parties, not having his consent, from making, selling or working articles bearing or 
embodying a design which is a copy of the registered design when such acts are 
undertaken for commercial purposes. 
(3) The Registrar shall extend the period of registration for a second 
period of ten years from the expiration of the original period and for a third period of ten 
years from the expiration of the second period if an application for extension of the 
period of registration for the second or third period is made in the prescribed form before 
the expiration of the original period or the second period, as the case may be, and if the 
prescribed fee is paid before the expiration of the relevant period or if such application is 
made and the said fee is paid within such further period, not exceeding six months, as 
may be, specified in a request made to the Registrar and accompanied by the 
prescribed additional fee. 
(4) The owner of a' registered industrial design may surrender it by 
written declaration to the Registrar who shall record the surrender in the Register and 
publish it. The surrender shall have effect on the date it is thus recorded. 
8. Infringement.- (1) If any person infringes a registered 
proprietor's right, the registered proprietor may bring a suit against him for the recovery 
of damages and for an injunction against the continuation of the infringement: 
Provided that, for the purposes of grant of a temporary injunction, the 
registered proprietor must show that he has a prima facie case and that his design is 
valid and that it has been infringed by the defendant. 
(2) When the Court makes a decree in a suit under this Ordinance, it 
shall send a copy ofthe decree to the Registrar who shall cause an entry thereof to be 
made in the register. 
9. Exemption of innocent infringer from liability for damages.- In 
proceedings for the infringement of rjght in a registered design, damages shall not be 
awarded against a-defendant who proves that at the date of the infringement he was not 
aware, and had no reasonable ground for supposing, that the design wa~ registered and 
a person shall not be deemed to have been aware or to have had reasonable grounds 
for supposing as aforesaid by reason only of the marking of an article with word 
"registered"" or any abbreviation thereof, or any word or words expressing or implying 
that the design applied to the article has been registered, unless the number of the 
design accompanied the word or words or the abbreviation in question: 
Provided that nothing in this section shaH affect the power of the Court to 
grant an injunction in any proceedings for infringement of copyright in a registered 
design. IP/N/l/PAK/O/l 
Page 8 
10. Cancellation of registration.-(I) Any persoh interested may by a 
petition made at any time after the registration of a design, to the High Court or within 
two years of the registration of a design to the Registrar, seek cancellation of the 
registration of a design on the following grounds, namely:-
(a) the industrial design should not have been registered because the specific 
substantive requirements prescribed in this Ordinance have not been fulfilled; 
(b) the industrial design is contrary to public order or morality; or 
(c) person is whose name the industrial design is registered has no right to it. 
(2) An appeal shall lie to the High Court from any order of the 
Registrar under sub-section (1), and the Registrar may at any time refer any such 
petition to the High Court, and the High Court shall decide any petition so referred. 
CHAPTER IV.-INTERNAlIONAL ARRANGEMENTS 
11. Notifications as to convention countries.- The Federal 
Government may, by notification in the official Gazette, declare any country specified in 
the notification to be a convention country for the purposes of this Ordinance, in addition 
·to the members of World Trade Organization. 
12. Registration of design where application for protection in 
convention country has been made.-(1) An application for registration of a design in 
respect of which protection has been applied for in a convention country may be made in 
accordance with the provisions of this Ordinance by the person by whom the application 
for protection was made or by his legal representative or assignee: 
Provided that no application shall be made under this section after the 
expiration of six months from the date of the application for protection in Cl convention 
country or, where more than one such application for protection has been made, from 
the date of the first application. 
(2) A design registered on an application made under this section 
shall be registered as of the date of the application for protection in the convention 
country or, where more than one such application for protection has been made, the 
date of the first such application: 
Provided that no proceedings shall be taken in respect of any 
infringement committed before the date on which the certificate of registration of the 
design under this Ordinance is issued. 
(3) The applicant may withdraw the application at any time during its 
pendenE;Y· 
(4) An application for the registration of a design made under this 
section shall not be refused, and the registration of a design on such an application shall 
not be invalid, by reason only of the registration or publication of the design in Pak;stan 
during the period specified in the proviso to sub-section (1) as that within which the 
application for registration may be made. CHAPTER V.-REGISTER OF DESIGNS, Etc IPINIlIPAK!D/l 
Page 9 
13. Register of designs.- (1) There shall be kept at the Patent 
Office under the control of the Registrar a register of designs in which there shall be 
entered the names and addresses of proprietors of registered designs, notices of 
assignments and of transmissions of registered designs, and such other matters as may 
be prescribed or as the Registrar may think fit. 
(2) Subject to the provisions of this Ordinance and the rules, the 
register shall, at all convenient times, be open to inspection by the public and certified 
copies sealed with the seal of the Patent Office of any entry in the register shall be given 
to any person requiring them on payment of the prescribed fee. 
(3) The register shall be prima facie evidence of any matters required 
or authorized under this Ordinance to be entered therein. 
(4) No notice of any trust, whether expressed, implied or constructive 
shall be entered in the register. 
(5) The Patent Office shall publish in the official Gazette all the 
publications provided for in this Ordinance. 
14. Certificate of registration.- (1) . The Registrar shall grant a 
certificate of registration in the prescribed form to the registered proprietor of a design 
when the design is registered. 
(2) The Registrar may, in a case where he is satisfied that the 
certificate of registration has been lost or destroyed, or in any other case in which he 
thinks it expedient, furnish one or more copies of the certificate. 
15. Registration of assignments, etc.-(1) Where any person 
becomes entitled by assignment, transmission or by operation of law to a registered 
design .or to a share in a registered design, or becomes entitled as mortgagee, licensee 
or otherwise to any other interest in a registered design, he sha·1I apply to the Registrar in 
the manner prescribed for the registration of his title as proprietor or co-proprietor or, as 
the case may be, of notice of his interest in the register. 
(2) Without prejudice to the provisions of sub-section (1), an 
application for the registration of title of any person becoming entitled by assignment to a 
registered design or a share in a registered design, or becoming entitled by virtue of a 
mortgage, license or other instrument to any other interest in a registered design, may 
be made in the prescribed manner by the assignor, mortgagor, licensor or other party to 
that instrument, as the case may be. 
(3) Where an application is made under SUb-section (1) or sub-
section (2) for the registration of title of any person, the Registrar shall. upon proof of title 
to his satisfactlon-
(a) where that person is entitled to a registered design or a 
share in registered design, register him in the register as 
proprietor or co-proprietor of the design and enter in the 
register particulars of the instrument or event by which he 
derives title; or lP/NI I IPAK/DI1 
Page 10 
(b) where that person is entitled to any other interest in the 
registered design, enter in the register notice of his 
interest, with particulars of the instrument, if any, creating it. 
(4) Subject to any rights vested in any other person of which notice is 
entered in the register, the 'person or persons registered as proprietOr of a registered 
design shall have power to assign, grant licences in respect of, or otherwise deal with 
the design and to give effectual receipts for any consideration for any such assignment 1 
licence or dealing: 
Provided that any equities in respect of the design may be enforced in like 
manner as in respect of any other movable property. 
(5) Except for the purposes of an application to rectify the 
register, a document in respect of which no entry has been made in the register under 
sUb-section (3) shall not be admitted in any Court as evidence of the title of any person 
to a registered design or share of or interest in a registered design unless the court 
otherwise directs. 
16. Rectification of register.- (1) The High Court may, on the 
application of any aggrieved person, order the register to be rectified by the making of 
any entry therein or the variation, or deletion, of any entry therein. 
(2) In proceedings under this section, the High Court may determine 
any question which it may be necessary or expedient to decide in connection with the 
rectification of the register. 
(3) Notice of any application to the riigh Court under this section shall 
be given in the manner as may be prescribed to the Registrar who shall be entitled to 
appear and be heard on the application and shall appear if so directed by the Court. 
(4) Any order made by the High Court under this section shall direct 
that notice of the order shall be served on the Registrar in the manner as may be 
prescribed and the Registrar shall, on receipt of the notice, rectify the register 
accordingly. 
17. Power to correct clerical errors.- (1) The Registrar may, in 
accordance witf:t the provisions of this section, correct any error in an application for the 
registration or in the representation of a design or any error in the register. 
(2) A correction may be .made in pursuance of this section either upon a 
request in writing made by any interested person and accompanied by the prescribed fee. 
(3) Where the Registrar proposes to make any such correction under 
sub-section's (1) and (2), otherwise than in pursuance of a request made under sub­
section (2), he shall give notice of the proposal to the registered proprietor or the 
applicant for registration of the design, as the case may be, and to any other person who 
appears to him to be concerned and shall give them an opportunity of being heard 
before making the correction. TP/N/l/PAK/OI1 
Page 11 
18. Inspection of registered designs.- (1) Subject to the provisions 
of this Ordinance and the rules, the representation or specimen of a design registered 
under this Ordinance shall be open to inspection at the Patent Office on and after the 
day on which the certificate of registration is issued. 
(2) In the case of a design registered in respect of an article of any 
class pr.escribed for the purposes of this sub-section, no representation or specimen of 
the design filed in pursuance of the application shall, until the expifation of such. peri~d 
after the day on which the certificate of registration is issued as may be prescribed "In 
relation to articles of that class, be open to inspection at the Patent Office except by the 
registered proprietor, a person authorised in writing by the registered proprietor, or a 
person authorised by the Registrar or by the Court: 
Provided that where fhe Registrar proposes to refuse an application for 
the registration of any other design on the ground that it is the same as the first 
mentioned design or differs from that design only in immaterial details or in features 
which are variants commonly used in the trade, the a~plicant shall be entitled to inspect 
the representation or specimen of the first-mentioned design filed in pursuance of the 
application for registration of that design. 
(3) In the case of a de~ign registered in respect of any article of any 
class as may be prescribed for the purposes of sub-section (2), the representation or 
specimen of the design shall not,. durir:lg the period prescribed aforesaid, be inspected by 
any person under this section except in the presence of the Registrar or an officer acting 
under him; and, except in the case of an inspection authorized by the proviso to that 
sub-section, the person making the inspection shall not be entitled to take a copy of the 
representation or specimen of the design or any part thereof: 
(4) Where an application for the registration of a design has been 
abandoned or refused neither the application for registration nor any representation or 
specimen of the design filed in pursuance thereof shall at any time be open to inspection 
at the Patent Office or be published by the Registrar. 
19. Information as to existence of registration.- On the request of 
any person furnishing such information as may enable the Registrar to identify the 
design. and on payment of the prescribed fee,.the Registrar shall inform him whether the 
design is registered. and if so, in respect wh3t articles and whether any extension of the 
period of registration has been granted and shall state the date of registration and the 
name and address of the registered proprietor. 
20. Evidence of entries, documents, etc.-(1) A certificate purporting 
to be signed by the Registrar and certifying that any entry which he is authorised by or 
under this Ordinance, to make has or has not been made, or that any other thing which 
he is so authorized, to do has or has not been done shall be prima facie evidence of the 
matters so certified. 
(2) A copy of any entry in the register or of any representation, 
specimen or document kept in the Patent Office or an extract from the register or any 
such document, purporting to be certified by the Registrar and sealed with the seal of the 
Patent Office, shall be admitted in evidence without further proof and without production 
of the original. IPINIl/PAK/DIl 
Page 12 
CHAPTER VI.-SUPPLEMENTARY PROVISIONS ON THE LEGAL PROCEEDINGS 
21. Certificate of contested validity of registration.- (1) If in any 
proceedings before a Court the validity of the registration of a design is contested, and it 
is found by the Court that the design is validly registered, the Court may certify that the 
validity of the registration of the design was contested in these proceedings. 
(2) Where any such certificate has been granted then if in any 
subsequent proceedings before the Court for infringement of the copyright in the 
registered design or for cancellation of the registration of the design in the High Court, a 
final order or judgement is'made or given in favour of the registered proprietor, he shall, 
unless the Court otherwise directs, be entitled to full costs: 
Provided that this sub-section shall not apply to the costs of any appeal to 
the High Court in any proceedings referred to in sub-section (2). 
22. Remedy for gro~ndless threats of infringement proceedings.-
(1) Where any person whether entitled to or interested in a registered design or an 
application for registration of a design, by circulars, advertisements or otherwise 
threatens any other person with proceedings for infringement of the registration in a 
registered design, any person aggrieved thereby may institute a suit against him for any 
relief specified in sub-section (2). 
(2) Unless in any suit under sub-section (1), the defendant proves 
that the acts in respect of which proceedings were threatened constitute or,· if done, 
would constitute, an infringement of the registration in a registered design the 
registration of which is not shown by the plaintiff to be invalid, the plaiQtiff shall be 
entitled to the following reliefs, namely:-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as he has sustained thereby. 
(3) For the avoidance of doubt it is hereby declared that a mere 
notification that a designs is registered does not constitute a threat of proceedings within 
the meaning of this section. 
CHAPTER VII.-POWERS AND DUTIES OF REGISTRAR 
23. Exercise of discretionary powers of Registrar.- Without 
prejudice to the provisions of this Ordinance requiring the Registrar to hear any party to 
proceedings thereunder, or to give to any such party 'an opportunity of being heard, the 
Registrar shall give to any applicant for registration of a design an opportunity of being 
heard to the applicant before exercising adversely any discretion vested in the Registrar 
by or under this Ordinance. IPINI1IPAK/DIJ 
Page 13 
24. Costs and security for costs.-(1) The Registrar may, in any 
proceedings before him under this Ordinance, by order a~ard to any party such costs as 
he may consider reasonable, and direct how and by which parties they are to be paid, 
and any such costs shall be recoverable as an arrear of land revenue. 
(2) If any party, by whom application is made to the Registrar for the 
cancellation of the registration of a design or for the' grant of a licence. in respect of a 
registered design, or by whom notice of appeal is given from any decision. of the 
Registrar under this Ordinance, neither resides nor carries on business in Pakistan, the 
Registrar, or, in the case of appeal, the High Court, may require him to give security for 
the costs of the proceedings or, as the case may be, appeal, and if no security is given 
may treat the application or, a"s the case may be appeal as abandoned. 
25. Evidence before Registrar.- (1) The evidence to be gIven. in 
any proceedings before the Registrar under this Ordinance may be given by affidavit or 
in such manner as may be prescribed, but the Registrar may if he thinks fit in any 
particular case take oral evidence in lieu of, or in addition to, such evidence as aforesaid 
and may allow any witness to be cross-examined on his affidavit. 
(2) The Registrar shall, in respect of the examination of witnesses on 
oath and the discovery and production of documents, have all the powers of a Civil Court 
and the provisions applicable to the attendance of witnesses in proceedings before such 
Court shall apply to the att~ndance of witnesses in proceedings before the Registrar. 
26. Power of Registrar to refuse to deal with certain agents.- The 
Registrar may refuse to recognize in respect of any business under this Ordinance any 
agent who is not entitled to. practise as a patent agent before the Controller of Patents 
and Designs under the Patents Ordinance, 2000. 
CHAPTER VIII.-OFFENCES AND PENALlTIES 
27. Offences and penalties.- If any person fails to comply with any 
direction given under section 7 or makes or causes to be made an application for the 
registration of a design in contravention of that sectio[1, he shall be punishable with 
imprisonment for a term which may extend to two years, or with fine which may extend 
to twenty thousand rupees, or with both. 
28. Falsification of register, etc.-If any person makes or causes to 
be made a false entry in the register, or a writing falsely purporting to be a copy of an 
entry in the register, or produces or tenders or causes to be produced or tendered in 
evidence any such writing, knowing the entry or writing to be false, he shall be 
punishable with imprisonment for a term which may extend to two years, or with fine 
which may extend to twenty thousand· rupees, or with both. 
29. Falsely representing a design as registered.- (1) If any person 
falsely represents that a design appHed to any article sold by him is registered in respec.t 
of thaLarticle, he shall be' punishable with fine which may extend to one thousand 
rupees. I P 1Nl liP AKlDll 
Page 14 
(2) For the purpose of sub-section (1), a person who sells an article 
havIng stamped, engraved or impressed thereon or otherwise applied thereto the word 
"registered", or any other word expressing or implying that the design applied to the 
article is regi6tered, shall be deemed to represent that the design applied to the article is 
registered in respect of that article. 
(3) If any person, after the registration of a registered design has 
expired, marks any article to which the design has bee'n applied with the word 
"registered", or any word or words implying that there is a subsisting registration of the 
design, or causes any such article to be so marked, he shall be punishable with fine 
which may extend to two hundred rupees. 
30. Offences by Companies.- Where an offence under this 
Ordinance is committed by a body corporate, every person who at the time of the 
commission of the offence is a director, general manager, secretary or other similar 
officer of the body corporate, or is purporting to act in any such capacity, shall be 
deemed to be guilty of that offence unless he proves that the offence was committed 
without his. consent or connivance and that he exercised, all such diligence to prevent 
the commission Cif the offence as he ought to have exercised having regard to the nature 
of his functions in that capacity and to all the circumstances. 
CHAPTER IX.-MISCELLANEOUS 
31. Power to make rules.- (1) The Federal Government may, by 
notification in the official Gazette, make rules for carrying out the purposes of this 
Ordinance. 
(2) In particular and without prejudice to the generality of the 
foregoing power such rules may provide for-
(a) prescribing the form of appHcatibn for registration of 
designs and of any rep'resentations or specimens of 
designs or other, documents which may be filed at the 
Patent Office, and for requiring copies to be furnished of 
any such representations, specimens or documents; 
(b) regulating the procedure to be followed in connection with 
any application or request to the Registrar or in connection 
with any proceedings before the Registrar and for 
authorizing the rectification of irregularities of pf~cedure; 
(c) regulating the keeping of the register; 
(d) authorizing the publication and sale of copies of 
representations of designs and other documents in the 
Patent Office; and 
(e) any other matter which has to be or may be prescribed. 
(3) The power to make rules under this section shall be subject to the 
condition that of the rules shall be made after previous publication. IPINII/PAK/DII 
Page 15 
32. Fees.-(1) There shall be paid in respect 'of the registration of 
designs, and applications therefor, and in respect of other matters with relation to the 
designs under this Ordinance, such fees as may be prescribed. 
(2) A proceeding in respect of which a fee is payable under this 
Ordinance or the rules made thereunder shall be of no effecl unless the fee has been paid. 
33. Service of notices, etc., by post.- Any notice required or 
authorized to be given by or under this Ordinance, a:nd any application or other document 
so authorized or required to be made or filed, may be given, made or filed by post or by 
hand. 
34. Saving.- Nothing contained in this Ordinance -
(a) shall be construed as authorizing ,or requiring the Registrar to 
register ~ design the use of which would, in his opinion, be 
cOlltrary to (he public policy 01' morality; and 
(b) shaH affect. the right of the Federal Government or of.any person 
denving the directly or indirectly fr6m the federal Goverml1cnt to 
sell or use articles forfeited under the laws relating to customs or 
excise. 
35. instructions fl'om tbc Federal Govenullcnt.- In the exercise of 
his powers and the discharge of his functions, the Registrar shall be gu,ided on questions 
o( policy by the instructions, if any, given k> him fro111 time to .lime by the Federal 
Government which shall 'be' the sole judge' as to whether a . question is a question of 
policy. 
36. RctJcal.- Clause (5) of section 2 and sections 43., 44, 45, 46, 47, 
48, 49, 50, 51, 51A, 51 B, 52, ,,53, and 54 of the Patents and Designs Act, 1911 
(H of 1911), are hereby repealed. 
MUHAMMAD RAFIQ TARAR. 
President. 
MR. JUSTICE 
FAQIR MUHAMMAD KHOKHAR, 
Secretarv . .. 