Patents and Companies Registration Agency Act, 2010

1 . The Department constituted pursuant to section three hundred and sixty-six of the Companies Act, section two of the Registration of Registered Business Names Act, section three of the Patents Act, section three of the Trade Marks Act and section three of the Registered Designs Act respectively, shall stand dissolved on the appointed date. Dissolution of Department Cap, 388 Cap. 389 Cap. 400 Cap. 401 Cap. 402

2. (I) For the avoidance of doubt, a person who, before the Staff of commencement of this Act, was an officer or employee of the Department Department, shall continue to be an officer or employee of the Agency, as the case may be, as if appointed or employed under this Act. (2) The service of the persons referred to in subparagraph (I) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the Department before the appointed date.

3. (I) On or after the appointed date, there shall be transferred to, vest in and subsist against the Agency by virtue of this Act and without further assurance-- Vesting of assets and liabilities (a) the affairs of the Department; and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Department. (2) Except as provided in this Act, every deed, bond and agreement, other than an agreement for personnel service, to which 118 No. 15 of 2010] Patents and Companies Registration Agency the Government was a party immediately before the appointed date, whether or not of such a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if - (a) the Agency had been party to it; (b) for any reference to the Government there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Agency; or (c) for any reference to any officer of the Department, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officer of the Agency as the Agency shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the Government are deemed to be transferred to the Agency in respect cif which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate registration authority for registration of the transfer. ( 4) The registration authority, referred to in subparagraph (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect o( the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. (!) Any legal proceedings or application of the Government pending immediately before the appointed date by or against the Government may be continued by or against the Agency.

4. (2) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government, may be instituted by or against the Agency. Legal proceedings