PART IV.

NATIONAL MARK FOR BUTTER.

35. —(1) When and so soon as registers of trade marks and of designs have been established in Saorstát Eireann and legislation has been passed by the Oireachtas enabling Ministers to acquire and register trade marks and designs and to grant licences for the use thereof, it shall be the duty of the Minister to acquire, design, or otherwise establish a mark (in this Act called “the national mark”) of a suitable character and to register the same in such of the registers aforesaid as may be appropriate and, subject to the provisions of this Act, to grant such licences for the use thereof as may be permitted by such legislation.

(2) Every licence for the use of the national mark shall be granted subject to the conditions (which shall be expressed in the licence) that the national mark shall only be applied to butter of an approved standard and manufactured under approved conditions from pasteurised cream or milk and in the authorised premises specified in the licence.

(3) The Minister may acquire, design or otherwise establish more than one such national mark and every reference in this Act to “the national mark” shall be construed so as to mean the national marks if more than one such mark is established,

(4) In this Part of this Act the expression “approved standard” means such standard of quality, packing, and finish as shall be prescribed by regulations made under this Part of this Act as the approved standard of butter for the purposes of the use of the national mark.

(5) In this Part of this Act the expression “authorised premises” means any premises registered in the register of creameries, and such other premises as the Minister may, if and when he thinks fit, by order declare to be authorised premises for the purposes of the use of the national mark.

(6) In this section the expression “approved conditions” means such conditions as respects premises, equipment, processes of manufacture, nature, quality and treatment of milk, cream, or other materials or ingredients used in the manufacture of butter upon the premises, nature, quality and treatment of butter (if any) brought into the premises, packages, wrappers, packing materials, and methods of packing as shall be prescribed by regulations made under this Act as the approved conditions in respect of any class of authorised premises for the purposes of the use of the national mark.

36. —(1) Subject to the provisions of any legislation already in force or hereafter to be passed in relation to trade marks or designs, every licence to use the national mark granted by the Minister shall, unless previously revoked under this section, continue in force so long as the premises in respect of which the licence is granted continue to be authorised premises.

(2) The Minister may at any time revoke any licence to use the national mark if he is satisfied—

(a) that the butter manufactured on the authorised premises in respect of which the licence is granted has ceased to be of the approved standard; or

(b) that such butter has ceased to be manufactured under the approved conditions; or

(c) that the holder of such licence has contravened any of the conditions expressed in the licence; or

(d) that the holder of such licence has been convicted of an offence under any section of this Part of this Act.

37. —The Minister may by order make regulations prescribing all or any of the following matters, that is to say:—

(a) the manner in which applications for licences for the use of the national mark are to be made;

(b) the method in all respects by which the mark is to be applied, including requiring the mark to be applied only by packing in marked packages, wrappers, packing materials, or labels obtained from a prescribed source;

(c) the approved standard, and the manner in all respects of ascertaining (by inspection of premises, inspection of consignments in transit, examination of butter, or otherwise howsoever) that the butter manufactured by an applicant for such licence is of the approved standard, and that the butter manufactured by the holder of any such licence continues to be of the approved standard;

(d) the classes of premises (in addition to premises registered in the register of creameries) which may be declared to be authorised premises;

(e) the approved conditions, and the manner in all respects of ascertaining that the butter manufactured by an applicant for such licence is manufactured under approved conditions, and that the butter manufactured by the holder of any such licence continues to be manufactured under approved conditions.

38. —(1) If any person who is not the holder of a licence to use the national mark shall use or apply the national mark or any colourable imitation thereof on, to, or in connection with any butter or any other article in respect of which the national mark is registered in any register of trade marks or designs in Saorstát Eireann, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.

(2) If any person who is the holder of a licence to use the national mark shall use or apply the national mark in contravention of the terms of such licence or of any regulation made under this Act or shall use or apply any colourable imitation of the national mark on, to, or in connection with any butter or any other article in respect of which the national mark is registered in any register of trade marks or designs in Saorstát Eireann, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.

(3) The provisions of this section shall be in addition to and not in substitution for any other penalties or any remedies for the time being provided by law in relation to the infringement of trade marks or of the copyright in registered designs.