S.I. No. 306/1971 - Merchandise Marks (Restriction on Sale of Imported Jewellery) Order, 1971.

S.I. No. 306 of 1971.

MERCHANDISE MARKS (RESTRICTION ON SALE OF IMPORTED JEWELLERY) ORDER, 1971.

I, PATRICK J. LALOR, Minister for Industry and Commerce, having considered a report of the Merchandise Marks Commission under Section 7 of the Merchandise Marks Act, 1931 (No. 48 of 1931), on an application for a restriction on sale order in relation to imported goods of a description specified in Part I of the Schedule to this Order, and having complied with Section 14 of that Act, hereby, in exercise of the powers conferred on me by Section 8 of that Act (as amended by Section 7 of the Merchandise Marks Act, 1970 (No. 10 of 1970) ), order as follows:—

1. This Order may be cited as the Merchandise Marks (Restriction on Sale of Imported Jewellery) Order, 1971.

2. This Order shall come into operation on the first day of September, 1972.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. (1) Subject to paragraph 7 of this Order, the sale or exposure for sale by wholesale or retail in the State of imported goods of a description specified in Part I of the Schedule to this Order is hereby prohibited unless the goods bear at the time of sale or exposure for sale an indication of origin marked on them and consisting of the name in English of the country in which the goods were manufactured or the word "Foreign" or any other word or words which give a clear indication that the goods were not manufactured in the State.

(2) Where goods of a description specified in Part I of the Schedule to this Order were manufactured partly in the State and partly in a country other than the State, the indication of origin required by subparagraph (1) of this paragraph may be confined to so much of the goods as was manufactured in a country other than the State.

5. An indication of origin marked on goods pursuant to this Order shall be marked legibly and conspicuously on—

(a) the goods,

(b) a label, tag or ticket attached to the goods, or

(c) any container (including a box, card or pad) in or on which the goods are sold or are offered for sale.

6. Where any display material in, on or with which goods of a description specified in Part I of the Schedule to this Order are sold or offered for sale, directs attention to any of the materials or features referred to in Part II of that Schedule in the goods, an indication of origin of the goods consisting of the name in English of the country in which the goods were manufactured or partly manufactured or the word "Foreign" or any other clear indication that the goods were not wholly manufactured in the State shall be marked on the display material or on a label, tag or ticket attached to the display material.

7. This Order shall not apply to goods to which section 18 of the Finance Act, 1938 (No. 25 of 1938), or section 18 of the Finance Act, 1946 (No. 15 of 1946), applies.

Paragraphs 4 and 6

SCHEDULE.

PART I.

Articles of the following descriptions made wholly of or containing, otherwise than as a minor constituent precious metal or rolled precious metal and articles made wholly or partly of base metal (including polished or plated articles suitable for setting), that is to say—

(1) rings, bracelets (including wrist watch bracelets not attached to watches), necklaces, brooches, ear-rings, neck chains, watch-chains and other ornamental chains; fobs, pendants, tie pins and clips, cuff-links, dress studs and buttons; religious or other crosses, medals and insignia; hat ornaments, including pins, buckles and rings; buckles and slides for belts and shoes; hair-slides, tiaras, dress combs and similar hair ornaments, standing classified on the date of the making of this Order in the first column of the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ), at tariff heading numbers 71.12 and 71.16,

(2) key-rings,

(3) cuff-links and dress studs standing classified on the date of the making of this Order in the first column of the said Schedule at tariff heading number 98.01,

which incorporate any of the features or materials set out in Part II of this Schedule, or consist of or incorporate any wording, motif, badge, emblem, insignia or reproduction referring to or represented to refer to any of these features or materials.

PART II.

(i) Ireland, or any Irish city, borough, town, place, monument, building, scene or map,

(ii) a thatched cottage or round tower,

(iii) an Irish saint, statesman, politician, author, artist, or other well-known Irish personality,

(iv) an Irish political or historical event,

(v) Irish language, literature or folklore,

(vi) a leprechaun or fairy,

(vii) Celtic design or ornamentatiton,

(viii)a spinning-wheel, three-legged pot, harp, caman, pike, shillelagh or slean,

(ix) a donkey with a creel,

(x) a wolfhound,

(xi) Shamrock, Connemara marble or bog oak, or

(xii) any other feature suggesting that the article is a souvenir of Ireland.

GIVEN under my Official Seal, this 22nd day of November, 1971.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This Order prohibits the sale or exposure for sale of imported articles of jewellery with Irish motifs or characteristics unless they bear an indication of the country of origin. The articles affected are those incorporating features suggesting that they are souvenirs of Ireland (such as an Irish character, event or scene, a wolfhound, round tower, shamrock etc.).