OOVEltNMENT OF THE PEOPLE'S REPUBUC OF BAN01J\t)SSH
hINTED BY TBB MANAGEll, GoVERNMENT PllINTING Puss, TBJGAON,· ~ 1983.
S. R. O. 1005 (K) /67 : Islamabad, the 23rd May, 1967
In exercise of the powers conferred by section 82 of the Copyright Ordinance. 1962 (XXXIV of 1962). the Central Government is pleased to. make th~ following rules, the same having been previously published as required byeub-section (1) ofthe said secdon, namely:
OHAPTER I,---.;PltELIM1NAllY
1. Short tide and commencement.-(1) These rules may bo called the 00"right Rules, 1967.
(2) These shall come into foree at once.
2. Definitions.-ln these rules, unless there is anything repugnant in tae subject or context,
(c)uR.egister" means the Register of Copyright; (~. "Schedule" means a schedule ·annexed to theseruWsj and
(e) "Section" means a section of theOrdinance.
CHAPTER H.-REGISTRATION OF·COPYlUGHT
3. Register.-[(l) The Register shall be kept in five parts as follows:Part I-Literary, Dramatic and Musical works. Part II-Artistic works. Part lfiI-Oinematographic w{)rks. l'art IV-B.ee&rds.
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'Pa11 V-Broadoasts]l
(2) .1'he Itegister shall contain )he particulars specified in Porrn I•
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1Subs.by saoNo. 143·L183d\,2+-4-$3.
4. Application for Registration of Copyrlght.-(l) Every application tot registration of copyright shall be made in triplicate in Form II and every application for registration of changes in the particulars of copyright entered in the Register shall be made in triplicate in Form III.
particulars in the Register.
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(5) If-the Registrar receives any objections for such registration within the time specified in sub-rule(4), or, if he is not satisfied about the correctness of the particulars givenin the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Registar as he considers
'proper. '
(6') The Registrar shall, as soon as may be, send, wherever practicable, a CiOpy 'of the entries made in the Register to the parties concerned.
5.: Correction of entries in the Register.-The Registrar may, on his own motion-or on application of any interested person, amend or alter the Register for the' purposes specifled in section 41 after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity of being heard against such amendment or alteration and communicate to such personthe amendment or alteration so made,
6. Inl1exes.-(l) There shall be kept at the Copyright Office the folJowina indexes for each part of the Register, na1I1ely:
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7. Inspection of the Register and Indexes.-Any person .shall be entitled to take-copies of, or make extracts from tho Register or indexes on payment of the fee Specified in the Second Schedule subject to such supervisioDas the Registrar may arrange.
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(2) The RegiS1:r~r, shall, on an application made in that bebalfattd on payment of the fee-specified in the Second Schedule, furnish ~ certified. toP)of anr entries made in the Register and i.ndexes. . ,"
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-CHAP tER tn.-LICENCES FOR 'tRANSLATIONS
8. AppUcation for licence.-{l) An application for a licence under section
37 to -produce and publish a translation of a.literary-or dramatic-workiD.aDy
language in Bangladesh or a -language ordinarily used in Bangladesh shall
be made to the Board in tripIic.ate in Form IV and shall be accompanied by
the fee prescribed in the Second Schedule.
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9. Consideration of the application.-(J) The Board shall consider the
application after the expiry of not less than one hundred and twenty day, -,
from the date of the publication of the notice in the official Gazette. ,
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sub-section (4) of section 37 relating to the payment of royalties and sha.1l specify-' .
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to. Manner of determining royaltics.~The Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 37, after taking into consideration.e-.
It. Extensi(m of the period of lIeence.-The Board may, on the application. of the Iicensee, and aften notice to theowner of the copyright, wherever practicable, if'it is satisfied that the licensee was, for sufficient reasons, unable to produce and publjsh the translation within the period specified in the licence, extend such period.
12. CanceUation of licence.-The Board may, after giving tile licensee an· opportunity of being heard, cancel the licence on any of the·following grounds; namely ;-.
CHAPTER IV.-MAKING OF RECORDS
11 Making ofrecords.-(l) Any person intending to make records under clause(j) of sub-section (1) of section 57 shall give notice of such intention to the-owner of the copyright and to the Board at least sixty days in advance of the making of the records' atld: shall, before making the record.". pay to the. owner of the Copyright, the amount of' royalties due ill respect of all such recordsto be made at the rate fixed:by the Board in this behalf.
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{d) particulars of the records made previously recording the-work ;
(e) the number ofrecords intended to be made.
CHAPTER V.-PERFOMING RIGHTS SOCIETIES
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14. Publication of statement of fees etc.-(l) Every performing rights society having authority to grant licences for performance in public of any work shall, within three months of the commencement of the Ordinance or within such further period as the Registrar may, for sufficient reasons, allow in respect of any such society on an application made by it in this behalf, prepare and publish, at its own cost, in the official Gazette and in one newspaper in English language published in each province, the statements of all fees, charges or royalties which it proposes to collect for the grant of such licences.
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CHAPTER 'YI.-RELINQUISHMENT OF COPYRIGHT
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17. Notice of rellnqulshment.c-The owner of the Copyright in a work desiring to relinquish all or any of the rights comprised in the copyright shall give notice to the Registrar in Form V.
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CHAPTER VlI.-IMPORTATION OF INFRINGING COPIES
. 18. Importation of infringing copies.-Evcry application under sub-section
(1) of section 58 shall be made to the Registrar in Form VI and shall be acompanied by the fee specified in the Second Schedule.
19. Procedure for examlnatlone of infringing copies.c-The Regist" ir or any person authorisedby him in thiS behalf shall take action under sub-Section (2) of secdon S3 and act in collaboration with customs authorities.
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CHAPTER VlII.-THE COPYRIGHT BOARD.
20. Terms and conditions of uffice of the Chairman and members of the Board.-(l) The Chairman and other members of the Beard shall be appointed for such period not exceeding [fiveyears]! as the Government may, in each case, deem fit.
[(4) The Chairman and other members of the Board shall be paid such salary or honorarium or conveyance allowance as may be determined by the Government in each case.]!
21. Functions ofthe Secretary ofthe Doard.-The Registrar shall perform all secretarial functions relating to the Board under the directions and control of the Chairman of the Board.
CHAPTER IX.-MISCELLANEOUS.
[(2) The fees shall be paid to the Register by a bank draft from any scheduled bank of Bangladesh or by deposit into a Government treasury or sub-treasury under the Head of Account No. XLVI-Misc. Copyright Fees.]2
lSUPS. by sao No. 143·L/83 dt, 24·4-83. 2Subs. by sao No. 143-L/83 dt, 24-4-83.
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(3) Bank drafts shall be crossed and drawable in favour of the Registrar by designation only.
[(4) Where payment is made by deposit in a Government treasury or sub-treasury, the original copy of the challan evidencing the payment shall be sent to the Registrar by registered post or by hand ;]1
lSubs. hy SRO No. 143-L/83 dt, 24-4-83.
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FIRSr SCHEDUIJE
FORM I
REGISTRAR OF COPYRIGHT
[See rule 3(2)J
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13. If the wor1<l is an artistic work, the location of the original work, including name, address and nationality of the person in possession of it (in the case of an architectural work, the year of completion of the work should also be mentioned).
14. Remarks, if any.
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• ••••••••••••••••• t ••••••
(Signature)
tl ••• II II •••••••
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FORM U
APPLICATION FOR REGISTRATION OF COPYRIGHT
[See rule 4(1)J
To
The Registrar of Copyrights,
Copyright Office. Dhaka.
Sir,
Ia accordance with section 39 of the Oopyright Ordinance, 1962 (XXXIV of 1962), 1 hereby apply for registration of copyright and request that entries may be made in the Registrar of Copyrights as in the enclosed statement of particulars sent herewith in triplicate.
-I also send herewith duly completed the statement of further particulars relating to the work.
2. In accordance with sub..rule (3) -of rule 4 o( the Copyright Rules, 1~67, I have Sent by hand/pre-paid registered post copies o( this letter and of the enclosed statement(s) to the other parties'" concerned, as shown below:
Name and address o( the parties. Date of despatch.
1 2
List of enclosures.
'Plaeo ,..•....
J)ate ••.•.........., .. ,; ..
Statement of particulars (To be sent in triplicate)
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.Por Literary, Dramatic, Musical and Artistic works, only.
••See entries 7, 11, 12 and 13 of the statement of particulars and the party referred to i~ outty 2(e) of the statement of further particulars.
10 STATEMENT OF PARTICULARS
(To be sent in triplicate)
Place . Date,.
1•••••••••••••••
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(Signature)
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STATEMENT OF FURTHER PARTICULARS (For Literary, Dramatic, Musical, and Artistic works only) (To be sent in triplicate)
1. Ifthe work to be registered, whether the work is:
(a) | title of the | original | work. | |||
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(b) | Language of the original work. | |||||
(e) | names, address and nationality of the and if the author is dead, the date o | author of this orif his death. | ginal work | |||
(d) | Name, address and nationalityjof the publisher, if an | y, o | fthe work | |||
(e) | particulars of the authorization for including the name, address and authorising. | a translation nationality | or of | adaptation the party |
Place .
Date.. It •••• II •••••
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(Signature)
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FORM III
APPLICATION FOil REGISTR.ATION OF CHANGES IN PAllTIOULAltS OJ! COPYRIGHT ENTERED IN THE REGISTER OF COPYRTGHTS"
(See rule 4(1)J
To
The Registrar of Copyrights,
Copyright Office,
Dhaka.
Sir,
In accordance with rule 4 of the copyright Rules, 1967,I hereby apply (or registration of'changes in the particulars of copyright entered in the Register of Copyrights and request that changes in the existing eatries ma~ be Jnadc aa
specified in the enclosed statement of particulars.
t. 1have sent by hand/registered post copies of this letter and of the !ltate.eat ef partieulars to the other parties concerned as shown below:-
Nttme and address of the parties. Date of Despatch
1 2
3. The prescribed fee has been paid as per details below:4, Communications on the Subject may be addressed to :
Pllj.,ce.•••.••••••••••.•••
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:iiilttt..•...............
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·8t6 columna 7, 11, 12 and 13 of the Register of Copyrights.
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S'fATEMENT OFl'AttT1CULARS l~ llesistratioll Num'her ill the Register of Copyrights~ 23 ChanIca lought ia tlLt partiQu,laii .1 tlopyriakt Ii oatered in lteJilttr of QQPyria),tll.
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Reference to column NQ. of the Register dfComf,bt. | Existing entry in the Registl'ror Copyri,hts | Proposed entry in pl..ce of the existln, entry in the Register of Copyrights | :Reasons for the chaL1ges proposed |
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N~t6. -Where the ehat'lges proposed are consequent on assignment or licellCCII ofcopyrightt attested copies of the deeds of assignments or licences should
b. eaclosed,
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3. List of enclosures.
14 FORM IV APPLICATION FOR LICENCE
[See rule 8 (1)] ( To be submitted in triplicate)
To The Registrar of Copyrights, Copyright Office, Dhaka, Sir, In accordance with section 37 of the Copyright Ordinance 1962 (XXXIV of 1962), I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work the particulars of which are given in the enclosed statement. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.
Yours faithfully,
Place | , | . | ( Signature) | |
Date | . | |||
STATEMENT |
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17. (p) Wllot1ltr t.taDiWiQU has b.ecll ~ iDUl any 1aA&Y.ajI QtAc.t ~ the language stated in entry 5 above.
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(Signature)
Place.... "t," "
t.•• t
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Date, .
F.
17 PORMV
NOrICE OF REUNQUlSHMENT OF COPYRIGHT (See rule 17)
The Registrar of Copyright,
Copyright Office,
Dhaka.
Sir,
In accordance with section 17 of the Copyriyht Ordinance, 1962 (XXXIV of 1962), I hereby give notice that wih effect from the date of this notice, 1 do relinquish, to the extent specified in the enclosed affidavit my right in the' work described in the said affidavit.
Yours faithfully,
............... e' ••
'Place . Date.....·········· .
FORM OF AFFIDAVIT
of
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(Full name in block letters) (Address) do hearhy on solemn affirmation state that :
(2) | I am the owner of the copyright in specified in the said statement. | the said | work | to | the extent . | ||||
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(3) | 1 do hereby relinquish my rightspecified in the statement below: | in | the | said· work ' | to | the | cztent | ||
STATEMENT | |||||||||
1. Description of work : |
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(lfthe work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, tltevolume number of 'h': issue, the date and page reference).
2.\ .l,tights owned by the deponent-on the date of the affidavit.
(If .the. rights arc owned jointly\ with other, state named addresses' and nationalities of joint owners.)
• •••••••••••• <11'"",
(Signature)
Place -.
Date . Solemnly affirmed before me by (Name of deponent in block letters) whois known to me personally/who is Identified to me by _ who is known to me personally.
Name of identifier in block letters)
Signature and seal of Magistrate.
'lace ..... ·········· .
Date .., .
19 PORM VI APPLICATION NOR A BAN ON IMPORTATION OF INFRINGING COPIES UNDER RULE 18 OF THE COPYRIGHT RULES, 1967. (See Rule 18) To The Registrar of Copyrights, Copyright Office, Dhalia. Sir, In accordance with section 58 of the Copyright Ordinance, 1962 (XXXIV of 1962), I hereby state that:
who is the owner of Copyright in the work specified in the enclosed affidavit and I hereby apply for an order that copies of the said work as specified in the said affidavit shall not be imported into Bangladesh.
Yours faithfully,
.................
( Siglfature)
I •••••
Date...····.. ".
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FORM osAPFIDAVIT
I of -----.--........-( PULL NAMB IN BLOCK LETTERS) (FULL ADORESS)
hereby on solemn affirmation state that :
ging copies for the following reasons : . ....................................... ...... .. . .
• • • • • • • • • • • • • • • • • ,••••••'.f•••••••••••••••••• '.,f•••• 1.1 ~;" ••••
(STATE REASONS)
and
(4) The infringing copies are not bei!l8 imported forthepriv~t~ AAd domestic use of theimp()rt!;r.
STATEMENT
4· P,t.\~l:ICV~Jt$ Qf ~11~ W~~~ ~~ .&~';I ~.Y':
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.(fi)' If the Copyright in the work is registered under section 39, die registration. Num'ber .
•••••••••••••••• • II •••• I'"
C. ANY OTHER RELEVANT INFORMATION NOT COVERED ABOVE:
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Place ............• (Signature)
Date..II 1-'"
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22 FORM VII [ See rule 9(4 ] L1CENCB UNDER SECTION 37 OF THE COPYRIGHT ORDINANCB, 1962 (XXXIV OF 1962)
The Copyright Board under the authority of the Copyright Ordinance, 1962 (XXXIV of 1962) and the Copyright.. . ............•.........•.....•...•. Rules, 1967, hereby grant to of the
•............................... '., .of the
sole right to print and publish in Bangladesh an edition of.................•
• . . . . . . . . . : .•....... , ' | ' | copies of the book entitled" .. ' | . | ||||||||||||||
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........ | " | by | ' | of | |||||||||||||
in | wh'ch copyright subsists, | and | the | owner | of | such | copyright | is | . | ||||||||
•• •••• | • ,., ••••••••• I •••••••••••• • ,1 ••••••••• of | ' | . |
The retail selling price of the said book under this licence is . .. .. .. .'-':' , per copy.
Th l Iicencrs sh'llf ply a royalty on the retail selling price Of every copy of such book painted under this licence at the rate of . •• •• •• , ••••• ••••.,.I••••• •••• •• •• •• ••• • •• •••••• •••••••••••••••••••••••• Dated , of .. .. . .-.,. 19
( Registrar)
ACCEPTANCE OF LICENCE
1,-----of------·--the licensee above mentioned, hereby accept this licence and undertake to fulfil, in connection therewith, all the terms prescribed hy the Copyright Ordinance, 1962, and the rules made thereunder.
Dated the : .dayof..'. 19 .
Licensee.
23 SECOND SCHEDULB ( See rule 24 ) Fees payable under the Copyright Ordinance, 1962.
Subject Fees
Taka
II
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4. For a licence to perform a Bangladeshi work 50
II
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in public or communicate the work to the
public by broadcast ( Sec. 36 )
S. For an application for a licence to produce and 100 II
II
publish a translation of a literary or dramatic
work in any language ( Sec. 37 )
6. For an application for registration of copyright in a 50
II II
literary, dramatic, musical or artistic work ( Sec. 39 )
7. For an application for registration of copyright in a 100
II
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cinematographic work (Sec. 39)
8. For an application for registration of assignment of 50
II II
Copyright ( Sec. 40 )
9. For an application for registration of copyright in 50
II II
record ( Sec. 39 )
10. For taking extracts from the register (Sec. 38) 15
II II
11. For taking extracts from the indexes ( Sec. 38) 15
II II
12. For a certified copy of an extract from the register 30 II
II
or the indexes ( Sec. )38
13. For a certified copy of-any other public document 30 II
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in the custody of the Registrar or the Board.
14. For an application for prevention of importation 100 per work
of infringing copies ( Sec. 58 ) per place of entry.
J5-Application for registration of changes in particulars 30 per work, of copyright entered in the Register ( Sec. 39 )
By Order of the
Chief Martial Law Administrator
Sdj-(MD. RAHMATULLAH)
Deputy Secretary.
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'" (If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and the page of reference).
S. Language into which the work is proposed to be translated.
S. Number of copies of the translation proposed to be published.
24 CULTURAL AFFAIRS & SPORTS DIVISION
Dhaka the 11th February, 1977.
No. LB/IC-18/76/150-C&S.-In exercise of the powers conferred by sub. section (1) of section 53 of the Copyright Ordinance, 1962 (XXXIV of 1962), the government is pleased to declare that the said section shall apply to the following organisations, namely ;
By Order of the President
Sd/. A. Khaleque
Secretary.
LBjIC-18/76/151-C&S.-In exercise of the powers conferred by section 54 of the Copyright Ordinance, 1962 (XXXIV of 1962), the government is pleased to make the following order, namely:
THE INTERNATIONAL COPYRIGHT ORDER, 1977.
3. Subject to the provisions of paragraph 4 all the provisions of the Copyright Ordinance, 1962 (XXXIV of 1962), hereinafter referred to as the Ordinance, other than those of chapter IV thereof and those which apply exclusivelyto Bangladesh works, shall apply
4. Notwithstanding anything contained in paragraph 3,
Explanatiun.-In this paragraph, "country of origin" means,
SCHEDULE
C9\Wt,r.ies Parties to the Universal Copyright Cot1Ve~tiOJ;)..
Algeria Guatemala Andorra Haiti Argentina Holy See Australia Hungary Austria Iceland Belgium India Brazil Ireland Bulgaria Italy Combodia Japan Cameroon Kenya Candada Khmer Republic
CJrlJe . Laos Costa Rica Lebanon Cuba Liberia Czechoslovakia Liechtenstein Denmark Luxembourg Ecuador Malawi Fiji Malta Finland Mexico France Mauritius Germany (Federal Republic) Monaco
Ghana MorOcco
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Greece | Netherlands | |
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Nicaregua | United Kingdom | |
Nigeria | United States of America | |
Norway | United States of Soviet Russia | |
Pakistan | Venezuela | |
Panama | Yugoslavia | |
Paraguay | Zambia | |
Peru | ||
Philippines | ||
Portugal | ||
Senegal | ||
Spain | ||
Sweden | ||
Switzerland | ||
Tunifoia. | ||
By Order of the President | ||
Sd/ | ||
A. Khaleque | ||
Secretary. | ||
.No. S. H./IC-5/83/306 | -(C&S) | Dated: 20-7-1983. |
NOTIFICATION.
In exercise of the powers conferred by section 54 of the Copyright Ordinance, 1962(XXXIV of 1962), the Government is pleased to make the following amendments in the International Copyright Order, 1977,namely :
In the aforesaid order, in the schedule, after the entry "Zambia" the following new entries shall be added, namely:
"Bahama, Colombia, Dominican Republic, Bl-Salavador, German Democratic Republic, Guinea, New Zeland, Poland, Belze",
By Order of the Chief Martial Law Administrator, Sd/(Abdul Matin Khan) Deputy Secretary.
OfPD-&-4-148/83-84/(Law)-8-12-S3-3,OOO.