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No. 16/1927:
INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927
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ARRANGEMENT OF SECTIONS
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1 Short title.
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2 Commencement of Act.
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3 Definitions.
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4 Repeals.
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PART I ESTABLISHMENT OF INDUSTRIAL AND COMMERCIAL PROPERTY REGISTRATION OFFICE
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5 Establishment of Industrial and Commercial Property Registration Office.
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6 Appointment of Controller of Industrial and Commercial Property.
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7 Controller to be a corporation and have official seal.
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8 Appointment of officers of controller.
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9 Fees to be charged by controller.
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10 Controller to publish Official Journal and other documents.
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PART II PATENTS
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11 Application for patent generally.
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12 Application for patent in certain cases.
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13 Specifications of inventions.
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14 Proceedings upon application.
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15 Provisional protection.
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16 Time for leaving complete specification.
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17 Comparison of provisional and complete specifications.
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18 Time for acceptance of complete specification.
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19 Documents to accompany specifications.
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20 Investigation of specifications published subsequent to application.
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21 Investigation of specifications published previous to application.
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22 Advertisement on acceptance of complete specification.
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23 Effect of acceptance of complete specification.
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24 Opposition to grant of patent.
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25 Grant and sealing of patent.
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26 Abandoned or void application.
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27 Date of patent.
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28 Effect and form of patent.
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29 Effect of existing British patents.
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30 Fraudulent applications for patents.
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31 Single patent for cognate inventions.
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32 Term of patent.
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33 Effect of failure to pay fees.
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34 Extension of term of patent.
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35 Patents of addition.
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36 Restoration of lapsed patents.
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37 Amendment of specification by controller.
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38 Amendment of specification by the court.
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39 Restriction on damages where specification amended.
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40 Provisions as to patents indorsed "licences of right".
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41 Revocation of patents by court.
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42 Revocation of patents by controller.
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43 Prevention of abuse of monopoly rights.
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44 Operation of order for grant of licence.
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45 Register of patents.
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46 Inventor or patentee may assign benefit to Minister.
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47 Inventions related to instruments or munitions of war.
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48 Hearing with assessor.
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49 Counterclaim for revocation of patent.
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50 Power of court to grant relief in respect of particular claims.
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51 Exemption of innocent infringer from liability for damages.
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52 Order for injunction or inspection.
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53 Grant of patent to two or more persons.
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54 Avoidance of certain conditions attached to the sale, etc, of patented articles.
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55 Chemical products and substances intended for food or medicine.
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56 Acts which do not amount to anticipation.
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57 Discrepancies between provisional and complete specifications.
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58 Rights of representative of deceased inventor.
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59 Loss or destruction of patent.
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60 Publication of invention at certain exhibitions.
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61 Use of invention on foreign vessel in home waters.
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62 Patent agents to be registered.
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63 Management of register of patent agents.
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PART III DESIGNS
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64 Registration of designs generally.
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65 Registration of designs in certain cases.
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66 Registration of designs registered in Patent Office in London.
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67 Registration of designs in new classes.
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68 Certificate of registration.
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69 Register of designs.
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70 Copyright in registered designs.
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71 Requirements before delivery on sale.
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72 No publication by confidential disclosure of design.
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73 Inspection of registered designs.
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74 Information as to existence of registration.
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75 Cancellation of registration of design.
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76 Publication of designs at certain exhibitions.
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77 Ministers may acquire designs.
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78 Prohibition of infringement of copyright in design.
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79 Applications abandoned or refused.
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PART IV TRADE MARKS
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80 Register of trade marks.
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81 Trade mark must be for particular goods.
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82 Requisites for registration in Part A.
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83 Colour of trade marks.
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84 Deceptive or misleading trade marks.
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85 Application for registration in Part A.
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86 Application for registration in Part B.
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87 Translation of application from Part A to Part B.
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88 Registration of trade marks in certain cases.
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89 Registration of trade marks registered in Patent Office in London.
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90 Advertisement of application.
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91 Opposition to registration.
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92 Disclaimer of non-distinctive elements.
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93 Date of registration.
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94 Certificate of registration.
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95 Delay in completion of registration.
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96 Identical trade marks.
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97 Rival claims to identical marks.
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98 Concurrent user.
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99 Assignment and transmission of trade marks.
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100 Apportionment of trade marks on dissolution of partnership.
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101 Associated trade marks.
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102 Combined trade marks.
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103 Series of trade marks.
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104 Assignment and user of associated trade marks.
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105 Duration of registration.
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106 Renewal of registration.
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107 Procedure on expiry of period of registration.
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108 Status of unrenewed trade mark.
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109 Removal from register of word trade marks used as name of articles.
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110 Alteration of registered trade mark.
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111 Non-user of trade mark.
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112 Powers of registered proprietor.
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113 Rights of registered proprietor.
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114 Effect of registration in Part B.
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115 Registration to be prima facie evidence of validity.
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116 Registration to be conclusive after seven years.
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117 Unregistered trade mark.
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118 Admission of evidence of trade usages.
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119 No interference with use of own name, etc.
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120 Remedies for "passing off" not affected.
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121 Registration of marks by Ministers.
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122 Misuse of trade marks indicative of Irish origin.
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123 Trade marks used solely as certificates of quality, etc.
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PART V GENERAL PROVISIONS RELATING TO PATENTS, DESIGNS AND TRADE MARKS
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124 Trusts not to be entered in registers.
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125 Inspection of and extracts from registers.
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126 Reports of officers to be privileged.
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127 Registration of assignments, etc.
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128 Power of controller to amend register.
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129 Power of court to amend register.
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130 Rights of State in respect of patented inventions and registered designs.
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131 Remedy in case of groundless threats of legal proceedings.
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132 Certificate of validity questioned and costs thereon.
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133 Procedure on appeals to law officer.
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134 Exercise of discretionary power by controller.
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135 Costs and security for costs.
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136 Controller may consult law officer.
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137 Recognition of agents.
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138 Inventions, etc, contrary to law or morality.
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139 Controller to make annual reports.
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140 Minister may refer appeals to court.
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141 Minister may delegate his duties under this Act.
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142 Evidence before controller.
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143 Appearance of controller in proceedings for rectification.
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144 Costs of controller in court proceedings.
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145 Certificate of controller to be evidence.
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146 Sealed copies of documents in office to be evidence.
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147 Notices may be sent by post.
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148 Excluded days.
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149 Declarations by infants, lunatics, etc.
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150 Offences.
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151 Unauthorised user of State badges.
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152 International arrangements.
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153 Minister may make general rules, etc.
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PART VI COPYRIGHT
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154 Copyright.
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155 Infringement of copyright.
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156 Term of copyright.
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157 Compulsory licences.
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158 Ownership of copyright, etc.
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159 Civil remedies for infringement of copyright.
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160 Rights in respect of infringing copies, etc.
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161 Exemption of innocent infringer from certain liabilities.
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162 Restriction on remedies in the case of architecture.
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163 Limitation of actions.
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164 Penalties for dealing with infringing copies.
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165 Importation of copies.
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166 Works of joint authors.
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167 Posthumous works.
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168 Copyright in Government publications.
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169 Copyright in mechanical musical instruments.
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170 Reports of political speeches.
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171 Copyright in photographs.
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172 Application of this Part of this Act to registered designs.
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173 Works of foreign authors.
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174 Preservation of existing copyrights.
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175 Power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country.
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176 Abrogation of common law rights.
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177 Definitions and interpretation.
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PART VII MISCELLANEOUS PROVISIONS IN RELATION TO COPYRIGHT
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178 Delivery of books to libraries.
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179 Registration of artistic work defining a design.
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180 Application of Part VI. of this Act to artistic work defining a design.
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181 Register to be kept by proprietors of theatres, etc.
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182 Seizure, etc., of pirated copies of musical works.
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183 Seizure of pirated copies on request of copyright owner.
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184 Penalties for being in possession of pirated copies.
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185 Right of entry by police for execution of this Part of this Act.
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186 Penalty for certain offences.
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187 Definitions.
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FIRST SCHEDULE
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SECOND SCHEDULE
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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.
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[20th May, 1927]
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BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
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PRELIMINARY
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