152 Intellectual Property Act, No.

36 of 2003

(h) all matters which under this Act have been

placed under the direction or control of the
Director-General.

(3) Every regulation made by the Minister shall be

published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified therein.

(4) Every regulation made by the Minister shall as soon

as convenient after its publication in the Gazette be brought
before the Parliament for approval. Any such regulation
which is not so approved shall be deemed to be rescinded as
from the date of its disapproval, but without prejudice to
anything previously done thereunder.

(5) Notification of the date on which any regulation made

by the Minister is so deemed to be rescinded shall be
published in the Gazette.

CHAPTER XL

AMENDMENT OF HIGH COURT OF THE PROVINCES

(SPECIAL PROVISIONS) ACT, NO. 10 OF 1996

Amendment of 205. High Court of the Provinces (Special Provisions)

Act No. 10 of Act, No. 10 of 1996 is hereby amended as follows :—
1996.

(1) by the repeal of item 3 of the First Schedule to that

Act and substitution therefore of the following :—

“All proceedings required to be taken under the

Intellectual Property Act, No. 36 of 2003 in the High
Court established under Article 154 P of the
Constitution”.

(2) by the repeal of item 2 of the Second Schedule to

the Act.
 Intellectual Property Act, No. 36 of 2003 153

CHAPTER XLI

AMENDMENT OF THE CUSTOMS ORDINANCE

206. Section 101 of the Customs Ordinance (Chapter Amendment of

section 101 of the
235) is hereby amended by the insertion immediately
Customs
after paragraph (e) of that section of the following new Ordinance.
paragraph :— (Chapter 235)

“(ee) for prohibiting of importation and exportaion of

counterfeit trade mark goods or pirated copyright
goods or any other goods in contravention of the
provisions of the Intellectual Property Act, No. 36
of 2003”.

207. The Customs Ordinance hereinafter referred to as Insertion of new

“the Ordinance ”is hereby amended in P art XIII of that sections in the
Customs
Ordinance by the insertion immediately after section 125 Ordinance.
thereof of the following new sections :—
“Inclusion of 125A. (1) The importation of counterfeit
prohibited trade mark goods or pirated copyright goods
goods in
Schedule B of or any other goods in contravention of the
Customs provisions of the Intellectual Property Act,
Ordinance. No. 36 of 2003 (hereinafter referred to as the
“Act”) shall be prohibited and such goods shall
be included among the goods the importation
of which, are prohibited under section 43 of
the Ordinance and included in Schedule B of
the Ordinance as prohibited goods.
(2) The exportation of the goods referred
to in subsection (1) of this section shall be
prohibited and such goods shall be included
among the goods the exportation of which, are
prohibited as if they were referred to in section
44 of the Ordinance and included in Schedule
B of the Ordinance as prohibited goods.
(3) Notwithstanding anything to the contrary
in any other law, prohibited goods referred to in
subsections (1) and (2) of this section, shall be
disposed of outside the channels of commerce