PATENTS AND COMPANIES REGISTRATION AGENCY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE PATENTS AND COMPANIES REGISTRATION AGENCY

   3.   Establishment of Agency

   4.   Seal of Agency

   5.   Functions of Agency

   6.   Board of Agency

   7.   Tenure of office and vacancy

   8.   Proceedings of Board

   9.   Committees of Board

   10.   Allowances of members

   11.   Disclosure of interest

   12.   Prohibition of publication of, or disclosure of information to unauthorised persons

   13.   Immunity of members of Board and staff of Agency

   14.   Registrar and other staff

   15.   Assistant Registrars and other staff

PART III
FINANCIAL PROVISIONS

   16.   Fund of Agency

   17.   Financial year

   18.   Accounts

   19.   Annual report

PART IV
GENERAL PROVISIONS

   20.   Regulations

   21.   Savings and transitional provisions

      SCHEDULE

AN ACT

to establish the Patents and Companies Registration Agency; provide for the functions of the Agency; transfer from the Government to the Agency the functions and the powers of the offices of the Registrar of Companies, Registrar of Registered Business Names, Registrar of Patents, Registrar of Trade Marks and Registrar of Registered Designs; and provide for matters connected with, or incidental to, the foregoing.

[16th April, 2010]

Act 15 of 2010,

Act 12 of 2013.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Patents and Companies Registration Agency Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Agency” means the Patents and Companies Registration Agency established under section 3;

“appointed date” means such date as the Minister may appoint under section 1;

“Assistant Registrar” means a person appointed as Assistant Registrar under section 15;

“Board” means the Board of the Agency constituted under section 6;

“Chairperson” means the person appointed as Chairperson under section 6;

“Department” means the offices of the Registrar of Companies, Registrar of Registered Business Names, Registrar of Patents, Registrar of Trade Marks and Registrar of Registered Designs;

“legal practitioner” has the meaning assigned to it in the Legal Practitioners Act;

“Registrar” means the person appointed as Registrar under section 14; and

“Vice-Chairperson” means the person appointed as Vice-Chairperson under section 6.

PART II
THE PATENTS AND COMPANIES REGISTRATION AGENCY

3.   Establishment of Agency

There is hereby established, the Patents and Companies Registration Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with the power, subject to the provisions of this Act, to do all such acts and things as a body corporate may, by law, do or perform.

4.   Seal of Agency

   (1) The seal of the Agency shall be such device as may be determined by the Agency and shall be kept by the Registrar.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Registrar or one other person authorised in that behalf by a resolution of the Board:

Provided that where the Agency is registering industrial property rights or registering or incorporating any company, firm or business entity, the affixing of the seal shall be authenticated by the Registrar.

   (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Registrar or any other person generally or specifically authorised by the Board in that behalf.

   (4) Any document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be executed or issued, as the case may be, without any further proof, unless the contrary is proved.

   (5) On the commencement of this Act, any impression of a seal made for the purposes of the Acts administered by the Agency under section 5 before the commencement of this Act shall be deemed to be an impression of the seal of the Agency.

5.   Functions of Agency

   (1) The functions of the Agency are to—

      (a)   administer the Companies Act, the Registration of Business Names Act, the Patents Act, the Trade Marks Act, the Registered Designs Act, and the Companies (Certificates Validation) Act;

      (b)   receive and investigate any complaint of alleged or suspected breach of this Act or the Acts referred to in paragraph (a) and, subject to the directives of the Director of Public Prosecutions, prosecute offences under those Acts;

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