First Previous (PART VI. Administration of the Institute.)

20 1961




Development and exploitation of inventions.

43. —(1) Where it appears to the Institute to be in the public interest to do so, the Institute may undertake or assist in the development and exploitation of an invention.

(2) The Minister may give such directions of a general nature to the Institute as he considers appropriate in connection with the development and exploitation of inventions.

(3) For the purpose of carrying out its functions under this section with regard to any invention the Institute may, in addition to the powers otherwise conferred on it by this Act, buy, sell, take or grant patent rights and may, on such terms as may be determined by the Institute, arrange with any persons or firms for the commercial exploitation of the invention.

(4) The terms fixed by the Institute in relation to any arrangement made by the Institute under subsection (3) of this section with any person or firm may, with the consent of the Minister, include the provision of financial assistance in the form of a loan (including a loan secured by a debenture) or grant to such person or firm.

(5) The Institute shall not incur expenditure (including financial assistance in the form of loans or grants) under this section in excess of the sum of five thousand pounds on any one project save with the consent of the Minister.

Unlawful to manufacture certain commodities intended for sale.

44. —(1) For the purpose of promoting the safe use by the public of a commodity intended for sale to the public (or for incorporation in any other commodity intended for such sale) the Minister may, by an order under this section, declare that it shall be unlawful to manufacture, assemble or sell that commodity unless it complies with the standard specification declared by the Institute for that commodity or with a specification or standard of quality prescribed by a Minister of State or with any condition specified in such order which the Minister considers necessary or desirable.

(2) The Minister may, if he thinks fit, limit the application of an order made under this section to a commodity intended for sale to the public in any country or countries specified in the order or for incorporation in any other commodity intended for such sale.

(3) No order shall be made under this section where there is a power to make a similar order under any other enactment.

(4) Every person who manufactures, assembles or sells any commodity in contravention of an order made by the Minister under this section shall be guilty of an offence.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the order is laid before it, passes a resolution annulling the order the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Publication of scientific and technical information.

45. —The Institute may from time to time publish scientific and technical information in its own name, including, with the consent of the Minister, codes of recommended practice.

Prosecution and punishment of offences.

46. —(1) Every offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.

(2) Every person who is guilty of an offence under this Act shall be liable, on summary conviction thereof, to imprisonment for a period not exceeding six months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine.

Protection against legal proceedings.

47. —No action or other legal proceeding shall lie (except in the case of wilful neglect or default) against the Institute or the Board or any member of the Board or of any committee appointed by the Board or any officer or servant of the Institute by reason of, or arising out of, the carrying out of any research, investigation, test or analysis in accordance with this Act or the publication of the results thereof in the name of the Institute.