Next (PART I. ESTABLISHMENT OF INDUSTRIAL AND COMMERCIAL PROPERTY REGISTRATION OFFICE.)

16 1927

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Number 16 of 1927.


INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927.


ARRANGEMENT OF SECTIONS

Section

1.

Short title.

2.

Commencement of Act.

3.

Definitions.

4.

Repeals.

PART I.

ESTABLISHMENT OF INDUSTRIAL AND COMMERCIAL PROPERTY REGISTRATION OFFICE.

5.

Establishment of Industrial and Commercial Property Registration Office.

6.

Appointment of Controller of Industrial and Commercial Property.

7.

Controller to be a corporation and have official seal.

8.

Appointment of officers of controller.

9.

Fees to be charged by controller.

10.

Controller to publish Official Journal and other documents.

PART II.

PATENTS.

11.

Application for patent generally.

12.

Application for patent in certain cases.

13.

Specifications of inventions.

14.

Proceedings upon application.

15.

Provisional protection.

16.

Time for leaving complete specification.

17.

Comparison of provisional and complete specifications.

18.

Time for acceptance of complete specification.

19.

Documents to accompany specifications.

20.

Investigation of specifications published subsequent to application.

21.

Investigation of specifications published previous to application.

22.

Advertisement on acceptance of complete specification.

23.

Effect of acceptance of complete specification.

24.

Opposition to grant of patent.

25.

Grant and sealing of patent.

26.

Abandoned or void application.

27.

Date of patent.

28.

Effect and form of patent.

29.

Effect of existing British patents.

30.

Fraudulent applications for patents.

31.

Single patent for cognate inventions.

32.

Term of patent.

33.

Effect of failure to pay fees.

34.

Extension of term of patent.

35.

Patents of addition.

36.

Restoration of lapsed patents.

37.

Amendment of specification by controller.

38.

Amendment of specification by the court.

39.

Restriction on damages where specification amended.

40.

Provisions as to patents indorsed “licences of right”.

41.

Revocation of patents by court.

42.

Revocation of patents by controller.

43.

Prevention of abuse of monopoly rights.

44.

Operation of order for grant of licence.

45.

Register of patents.

46.

Inventor or patentee may assign benefit to Minister.

47.

Inventions related to instruments or munitions of war.

48.

Hearing with assessor.

49.

Counterclaim for revocation of patent.

50.

Power of court to grant relief in respect of particular claims.

51.

Exemption of innocent infringer from liability for damages.

52.

Order for injunction or inspection.

53.

Grant of patent to two or more persons.

54.

Avoidance of certain conditions attached to the sale, etc., of patented articles.

55.

Chemical products and substances intended for food or medicine.

56.

Acts which do not amount to anticipation.

57.

Discrepancies between provisional and complete specifications.

58.

Rights of representative of deceased inventor.

59.

Loss or destruction of patent.

60.

Publication of invention at certain exhibitions.

61.

Use of invention on foreign vessel in home waters.

62.

Patent agents to be registered.

63.

Management of register of patent agents.

PART III.

DESIGNS.

64.

Registration of designs generally.

65.

Registration of designs in certain cases.

66.

Registration of designs registered in Patent Office in London.

67.

Registration of designs in new classes.

68.

Certificate of registration.

69.

Register of designs.

70.

Copyright in registered designs.

71.

Requirements before delivery on sale.

72.

No publication by confidential disclosure of design.

73.

Inspection of registered designs.

74.

Information as to existence of registration.

75.

Cancellation of registration of design.

76.

Publication of designs at certain exhibitions.

77.

Ministers may acquire designs.

78.

Prohibition of infringement of copyright in design.

79.

Applications abandoned or refused.

PART IV.

TRADE MARKS.

80.

Register of trade marks.

81.

Trade mark must be for particular goods.

82.

Requisites for registration in Part A.

83.

Colour of trade marks.

84.

Deceptive or misleading trade marks.

85.

Application for registration in Part A.

86.

Application for registration in Part B.

87.

Translation of application from Part A to Part B.

88.

Registration of trade marks in certain cases.

89.

Registration of trade marks registered in Patent Office in London.

90.

Advertisement of application.

91.

Opposition to registration.

92.

Disclaimer of non-distinctive elements.

93.

Date of registration.

94.

Certificate of registration.

95.

Delay in completion of registration.

96.

Identical trade marks.

97.

Rival claims to identical marks.

98.

Concurrent user.

99.

Assignment and transmission of trade marks.

100.

Apportionment of trade marks on dissolution of partnership.

101.

Associated trade marks.

102.

Combined trade marks.

103.

Series of trade marks.

104.

Assignment and user of associated trade marks.

105.

Duration of registration.

106.

Renewal of registration.

107.

Procedure on expiry of period of registration.

108.

Status of unrenewed trade mark.

109.

Removal from register of word trade marks used as name of articles.

110.

Alteration of registered trade mark.

111.

Non-user of trade mark.

112.

Powers of registered proprietor.

113.

Rights of registered proprietor.

114.

Effect of registration in Part B.

115.

Registration to be prima facie evidence of validity.

116.

Registration to be conclusive after seven years.

117.

Unregistered trade mark.

118.

Admission of evidence of trade usages.

119.

No interference with use of own name, etc.

120.

Remedies for “passing off” not affected.

121.

Registration of marks by Ministers.

122.

Misuse of trade marks indicative of Irish origin.

123.

Trade marks used solely as certificates of quality, etc.

PART V.

GENERAL PROVISIONS RELATING TO PATENTS, DESIGNS AND TRADE MARKS.

124.

Trusts not to be entered in registers.

125.

Inspection of and extracts from registers.

126.

Reports of officers to be privileged.

127.

Registration of assignments, etc.

128.

Power of controller to amend register.

129.

Power of court to amend register.

130.

Rights of State in respect of patented inventions and registered designs.

131.

Remedy in case of groundless threats of legal proceedings.

132.

Certificate of validity questioned and costs thereon.

133.

Procedure on appeals to law officer.

134.

Exercise of discretionary power by controller.

135.

Costs and security for costs.

136.

Controller may consult law officer.

137.

Recognition of agents.

138.

Inventions, etc, contrary to law or morality.

139.

Controller to make annual reports.

140.

Minister may refer appeals to court.

141.

Minister may delegate his duties under this Act.

142.

Evidence before controller.

143.

Appearance of controller in proceedings for rectification.

144.

Costs of controller in court proceedings.

145.

Certificate of controller to be evidence.

146.

Sealed copies of documents in office to be evidence.

147.

Notices may be sent by post.

148.

Excluded days.

149.

Declarations by infants, lunatics, etc.

150.

Offences.

151.

Unauthorised user of State badges.

152.

International arrangements.

153.

Minister may make general rules, etc.

PART VI.

COPYRIGHT.

154.

Copyright.

155.

Infringement of copyright.

156.

Term of copyright.

157.

Compulsory licences.

158.

Ownership of copyright, etc.

159.

Civil remedies for infringement of copyright.

160.

Rights in respect of infringing copies, etc.

161.

Exemption of innocent infringer from certain liabilities.

162.

Restriction on remedies in the case of architecture.

163.

Limitation of actions.

164.

Penalties for dealing with infringing copies.

165.

Importation of copies.

166.

Works of joint authors.

167.

Posthumous works.

168.

Copyright in Government publications.

169.

Copyright in mechanical musical instruments.

170.

Reports of political speeches.

171.

Copyright in photographs.

172.

Application of this Part of this Act to registered designs.

173.

Works of foreign authors.

174.

Preservation of existing copyrights.

175.

Power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country.

176.

Abrogation of common law rights.

177.

Definitions and interpretation.

PART VII.

MISCELLANEOUS PROVISIONS IN RELATION TO COPYRIGHT.

178.

Delivery of books to libraries.

179.

Registration of artistic work defining a design.

180.

Application of Part VI. of this Act to artistic work defining a design.

181.

Register to be kept by proprietors of theatres, etc.

182.

Seizure, etc., of pirated copies of musical works.

183.

Seizure of pirated copies on request of copyright owner.

184.

Penalties for being in possession of pirated copies.

185.

Right of entry by police for execution of this Part of this Act.

186.

Penalty for certain offences.

187.

Definitions.

FIRST SCHEDULE.

SECOND SCHEDULE.


Acts Referred to

Ministers and Secretaries Act, 1924

No. 16 of 1924

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Number 16 of 1927.


INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927.


AN ACT TO MAKE PROVISION FOR THE GRANTING OF PATENTS FOR INVENTIONS, THE REGISTRATION OF DESIGNS AND TRADE MARKS, AND THE DEFINITION AND PROTECTION OF COPYRIGHT IN SAORSTÁT EIREANN. [20th May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PRELIMINARY.

Short title.

1. —This Act may be cited as the Industrial and Commercial Property (Protection) Act, 1927.

Commencement of Act.

2. —This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Executive Council, either generally or with reference to any particular Part of this Act, and different days may be fixed for the commencement of different Parts of this Act, but so that no such day be later than six months after the passing of this Act.

Definitions.

3. —In this Act—

the word “patent” means letters patent for an invention;

the expression “British patent” means a patent granted by the Patent Office in London;

the word “patentee” means the person for the time being entered on the register as the grantee or proprietor of the patent;

the word “invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, and includes an alleged invention;

subject to the provisions of this Act, the words “inventor” and “applicant” respectively include the legal representative of a deceased inventor or applicant;

the word “design” means only the features of shape, configuration, pattern, or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction, or anything which is in substance a mere mechanical device;

the word “article” means (as respects designs) any article of manufacture and any substance artificial or natural or partly artificial and partly natural;

the word “copyright” when used in relation to a design registered under Part III . of this Act means the exclusive right to apply the design to any article in any class in which the design is registered;

the expression “proprietor of a new or original design”—

(a) where the author of the design, for good consideration, executes the design for some other person, means the person for whom the design is so executed, and

(b) where any person acquires the design or the right to apply the design to any article either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired, and

(c) in any other case means the author of the design,

and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person;

the expression “working on a commercial scale” means the manufacture of the article or the carrying on of the process described and claimed in a specification for a patent in or by means of a definite and substantial establishment or organisation, and on a scale which is adequate and reasonable in all the circumstances;

the word “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof;

the expression “trade mark” means a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale;

the word “controller” means the Controller of Industrial and Commercial Property appointed under this Act;

the expression “the Office” means the Industrial and Commercial Property Registration Office established pursuant to this Act;

the word “Journal” means the Official Journal of Industrial and Commercial Property issued by the controller pursuant to this Act;

the expression “the register” means the appropriate register kept pursuant to this Act;

the expression “British register” means the appropriate register kept in the Patent Office in London pursuant to the statutes relating to that Office;

the expression “Patent Office in London” means the office in London called the Patent Office and maintained under the statutes relating to the granting of patents for inventions and the registration of designs and trade marks in the late United Kingdom and in Great Britain;

the expression “late United Kingdom” means the late United Kingdom of Great Britain and Ireland;

the expression “self-governing British dominions” means and includes the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland;

the expression “British dominions” includes Great Britain and Northern Ireland and (save where the context otherwise requires) the self-governing British dominions;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “Law Officer” means the Attorney-General of Saorstát Eireann;

the word “prescribed” means prescribed by general rules made under this Act;

the word “court” means the High Court of Justice in Saorstát Eireann.

Repeals.

4. —The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.