S.I. No. 74/1932 - The Merchandise Marks Acts (Prosecutions by The Minister For Industry and Commerce) Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 74.

THE MERCHANDISE MARKS ACTS (PROSECUTIONS BY THE MINISTER FOR INDUSTRY AND COMMERCE) REGULATIONS, 1932.

The Merchandise Marks Acts (Prosecutions by the Minister for Industry and Commerce) Regulations, 1932, made by the Minister for Industry and Commerce on the 25th day of August, 1932, pursuant to sub-section (2) of section 30 of the Merchandise Marks Act, 1931 .

WHEREAS it is enacted by sub-section (1) of section 30 of the Merchandise Marks Act, 1931 (No. 48 of 1931) that the Minister for Industry and Commerce may, subject to the prescribed conditions being complied with, undertake as prosecutor the prosecution of any offence under the Merchandise Marks Act, 1887, or any offence under the said Merchandise Marks Act, 1931 , in cases which appear to him to affect the general interests of the country or of a section of the community, or of a trade, or of an industry; and it is further enacted by sub-section (2) of the said section that in the said section the word "prescribed" means prescribed by regulations made by the Minister for Industry and Commerce under this section.

And Whereas an Agreement previously authorised by an Order of the Executive Council, has been made that the Minister for Posts and Telegraphs, Saorstát Eireann, shall exercise the functions of the Minister for Industry and Commerce:

Now therefore the Minister for Posts and Telegraphs, Saorstát Eireann, as agent for the said Minister for Industry and Commerce in exercise of the powers conferred on the Minister for Industry and Commerce by section 30 of the Merchandise Marks Act, 1931 (No. 48 of 1931), and of every and any other power me in this behalf enabling do hereby make the following Regulations, that is to say:—

1. These Regulations may be cited for all purposes as the Merchandise Marks Acts (Prosecution by the Minister for Industry and Commerce) Regulations, 1932.

2. 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.

3. In these Regulations the expression "the Minister" means the Minister for Industry and Commerce, the expression "the Principal Act" means the Merchandise Marks Act, 1887, the expression "the Act of 1931" means the Merchandise Marks Act, 1931 (No. 48 of 1931).

4. For the purpose of sub-section (1) of section 30 of the Act of 1931, the following shall be the prescribed conditions, that is to say—

(a) that the case appears to the Minister to affect the general interests of the country or of a section of the community, or of a trade, or of an industry,

(b) where a member of the public alleges that an offence under the Principal Act, or the Act of 1931, has been committed and requests the Minister to undertake as prosecutor the prosecution of such offence, that such member does such (if any) of the following things as the Minister may require him to do, that is to say—

(i) supplies the Minister at his own expense and in such manner as the Minister may direct with the evidence and proofs necessary to prove the alleged offence,

(ii) delivers to the Minister the goods the subject of the alleged offence,

(iii) gives security for the costs and expenses of the prosecution on such terms and in such manner as the Minister thinks proper.

Given under the official Seal of the Minister for Industry and Commerce.

This 25th day of August, 1932.

(Signed) JOHN LEYDON.