S.I. No. 49/1932 - Merchandise Marks Commission (Proceedings) Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 49.

MERCHANDISE MARKS COMMISSION (PROCEEDINGS) REGULATIONS, 1932.

WHEREAS it is enacted by section 3 of the Merchandise Marks Act, 1931 (No. 48 of 1931), that the Merchandise Marks Commission shall make regulations for the governance of its proceedings, and may by such regulations make provision for all or any of the matters specified in that section.

NOW the Merchandise Marks Commission in pursuance of section 3 of the Merchandise Marks Act, 1931 (No. 48 of 1931), and in exercise of the power conferred by the said section and of any and every other power it in this behalf enabling, hereby makes the following regulations:—

1. These Regulations may be cited as the Merchandise Marks Commission (Proceedings) Regulations, 1932.

2. In these Regulations—

the expression "the Act" means the Merchandise Marks Act, 1931 (No. 48 of 1931); the expression "the Commission" means the Merchandise Marks Commission; the word "applicant" means a person who has made an application under sub-section (1) of section 6 of the Act.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the Interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. Whenever an application is referred to the Commission under sub-section (1) of section 6 of the Act, the Commission shall give notice of such reference to the applicant and request him to make a submission in accordance with these regulations.

5. On receipt of a submission by an applicant in pursuance of a request under the foregoing regulation, the Commission shall, with the sanction of the Minister for Finance, fix the fee payable by the applicant under sub-section (3) of section 6 of the Act, and shall inform the applicant of the amount of the fee so fixed.

6. On payment by an applicant of the fee fixed under the foregoing regulation, the Commission shall publish in the Iris Oifigiuil, and in such other manner as it may think suitable, notice (in these regulations referred to as a preliminary notice) of the reference of the application to the Commission, the nature of the application, and the intention of the Commission to hold an inquiry into the application in pursuance of the Act.

7. Whenever a question is referred to the Commission under sub-section (2) of section 6 of the Act, the Commission shall publish in the Iris Oifigiuil, and in such other manner as it may think suitable, notice (in these regulations also referred to as a preliminary notice) of the reference of the question to the Commission, the nature of the said question, and the intention of the Commission to hold an inquiry into the question in pursuance of the Act.

8. Whenever the question of the proposed revocation or amendment of a restriction order is referred to the Commission under sub-section (2) of section 12 of the Act, the Commission shall publish in the Iris Oifigiuil, and in such other manner as it may think suitable, notice (in these regulations also referred to as a preliminary notice) of the reference of the question to the Commission, the nature of the question, and the intention of the Commission to hold an inquiry into the question in pursuance of the Act.

9. There shall be printed on every preliminary notice a copy of sub-section (2) of section 13 of the Act, and also a copy of paragraph (1) of the next succeeding regulation.

10.—(1) Whenever a preliminary notice is published, any person who desires to be heard at the inquiry referred to in the notice and who claims to be substantially interested in the subject matter of such inquiry may apply to the Commission for leave to make a submission thereon stating the manner in which he claims to be so interested.

(2) On receipt of any application under the immediately preceding paragraph, the Commission shall, if it is of opinion that the person making such application is a person having a substantial interest in the subject matter of the inquiry, invite such person to make a submission in relation to the said matter in accordance with these regulations.

11.—(1) Every submission to the Commission under these regulations shall be in writing signed by the person making the submission or his agent and shall contain such of the particulars set out in the Schedule hereto as may be relevant to such submission.

(2) Every submission shall be accompanied by a list of the names and addresses of the witnesses whom it is proposed to call in support thereof and by a written statement of the evidence which it is proposed shall be given to the Commission by each such witness.

12. At least fourteen clear days before the commencement of the sittings of the Commission for the purpose of any inquiry the Commission shall publish in the Iris Oifigiuil, and in such other manner as it may think suitable, notice of the date, hour and place fixed for the commencement of such sittings, and shall at least fourteen clear days before such commencement post a copy of such notice to every person by whom a submission in relation to the subject matter of such inquiry has been made to the Commission.

13. Every submission and statement of evidence furnished to the Commission in accordance with these regulations shall be in typescript or print on paper of foolscap size and furnished in quintuplicate.

14. Except by special leave of the Commission, no witness may be called or give evidence unless a statement of the evidence which he proposes to give has been previously furnished to the Commission in accordance with these Regualtions.

15.—(1) Every person who for the purpose of any inquiry furnishes any document to the Commission in accordance with these regulations, may at any time during office hours inspect any such document furnished by himself and any other document furnished to the Commission for the purpose of that inquiry unless the Commission has by order limited the inspection of such other document.

(2) The Commission may on the application of any person by whom a document is furnished in accordance with these regulations, or whenever it thinks fit without such application, by order (hereinafter called a limitation on inspection order) limit the inspection of a document so furnished or any specified part or parts of such document.

(3) Where the Commission makes a limitation on inspection order in respect of any document such document or the part or parts of such document to which such order relates shall not be inspected by any person other than the person who furnished such document, his lawfully appointed agent, or personal representative, without the special leave of the Commission, and the Commission may grant or withhold such leave, or grant such leave subject to conditions, as it may think fit.

16.—(1) The Commission shall give to each person whose attendance it requires for the purpose of hearing any evidence tendered in accordance with these regulations, notice in writing of the date on which the Commission will hear such evidence, and such notice shall be delivered at or posted to the address of such person at least four clear days before such date.

(2) The notice to be given by the Commission under the immediately preceding paragraph may be dispensed with in respect of persons who are in attendance before the Commission, and receive verbal notice of the date on which they are required to give evidence.

17. Every summons issued under sub-section (1) of section 4 of the Act requiring the attendance of a witness, or the production of any document, or both such attendance and production, shall fix a date on which such summons shall be complied with, and shall be served on the person to whom it is directed at least four clear days before such date.

18. The Commission may, on the request of any person who makes a submission or tenders evidence to the Commission in relation to any inquiry, exclude all or any other persons from the whole or part of such inquiry whether the persons so excluded are or are not interested in such inquiry.

19. The Commission may, if it thinks fit, allow a solicitor, counsel, accountant or other person to appear at an inquiry on behalf of any person who has made a submission or has been granted leave to be heared by the Commission, and such solicitor, counsel, accountant or other person so appearing may examine the person for whom he appears or any witness called by him, but shall not cross-examine any witness.

SCHEDULE.

PARTICULARS TO BE FURNISHED IN SUBMISSIONS MADE TO THE COMMISSION.

1. A detailed description of the class of goods to which the submission relates identified as far as possible by reference to the Official Import List issued under the authority of the Minister for Finance and the Revenue Commissioners.

2. The broad grounds on which the submission is made.

3. The particular reasons for or against

(a) a restriction on sale order;

(b) a restriction on importation order; or

(c) both such orders;

as the case may require.

4. The form or alternative forms of an indication of origin suitable for use in relation to the goods to which the submission relates.

5. The manner in which an indication of origin should be borne by the goods to which the submission relates.

6. Where the submission relates to the making of a restriction on sale order in respect of goods whether such goods should bear an indication of origin at the time of exposure for sale wholesale.

7. Whether a restriction order if made in respect of goods should extend

(a) to samples of such goods;

(b) to blends and mixtures consisting of or containing such goods.

Dated this 17th day of May, 1932.

ÉINRÍ Ó FRIGHIL.

T. A. SMIDDY.

D. TWOMEY.