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Industrial Designs Act, 2001

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Number 39 of 2001


INDUSTRIAL DESIGNS ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Expenses.

4.

Transitional provisions and repeals.

5.

Prosecution of offences.

6.

Offences by bodies corporate.

7.

Offences by members of partnership.

8.

Service of notices.

9.

Fees.

10.

Laying of regulations before Houses of Oireachtas.

PART 2

Design Registration

Chapter 1

Registrable Designs

11.

Registrable design.

12.

Novelty.

13.

Individual character.

14.

Protection requirements.

15.

Conflict with prior design.

16.

Designs dictated by their technical function and designs of interconnections.

Chapter 2

Authorship and Ownership of Designs

17.

Ownership of designs.

18.

Joint ownership of designs.

19.

Treatment of author of design.

Chapter 3

Proceedings for Registration

20.

Application in prescribed form.

21.

Power of Controller to refuse registration.

22.

Application for registration of design as a property right.

23.

Deemed abandonment of applications.

24.

Classification.

25.

Filing date.

26.

Priority right.

27.

Claiming priority.

28.

Effect of priority right.

29.

Date of registration.

Chapter 4

Register of Designs

30.

Register of designs.

31.

Certificate of registration.

32.

Publication of registration and deferment of publication.

33.

Right to apply to court for rectification of register.

34.

Right to apply to Controller for rectification of register.

35.

Effect of rectification of register.

36.

Adaptation of entries to new classification.

37.

Power of Controller to correct errors.

38.

Inspection of designs register.

39.

Right to information.

40.

Information as to existence of right in registered design.

41.

Registration and publication of assignments, licences, etc.

Chapter 5

Effect of Registration

42.

Design right.

43.

Duration of protection.

44.

Restoration of design right.

45.

Effect of order for restoration of design right.

46.

Surrender of design right.

47.

Invalidation of registration.

Chapter 6

Exceptions to Design Right Protection

48.

Acts permitted.

49.

Compulsory licences.

50.

Prior use.

Chapter 7

Infringement of Design Right

51.

Infringement of design right.

52.

Secondary infringement of design right.

53.

Secondary infringement: providing means for infringement.

54.

Meaning of infringing product and article.

Chapter 8

Remedies

55.

Certificate of contested validity of registration.

56.

Groundless threats.

57.

Infringement actionable by registered proprietor.

58.

Innocent infringement.

59.

Award of damages in infringement action.

60.

Undertakings concerning licences of right.

61.

Order for delivery up in civil cases.

62.

Application to District Court for seizure of infringing products or articles.

Chapter 9

Rights and Remedies of Exclusive Licensees

63.

Rights and remedies of exclusive licensees.

64.

Exercise of concurrent rights.

Chapter 10

Rights and Remedies of Licensees

65.

Rights and remedies of licensees.

Chapter 11

Offences

66.

Offences.

67.

Falsification of register.

68.

False representation.

69.

Order for delivery up in criminal proceedings.

70.

Search and seizure in criminal cases.

Chapter 12

Delivery Up and Disposal

71.

Period after which remedy of delivery up is not available.

72.

Order as to disposal of infringing product or article.

Chapter 13

Provision for Preventing Importation

73.

Infringing products or articles may be treated as prohibited goods.

74.

Power of Revenue Commissioners to make regulations.

Chapter 14

Exhaustion of Design Right

75.

Exhaustion of design right.

Chapter 15

Assignment and Licensing

76.

Assignment.

77.

Exclusive licences.

78.

Licensing of registered designs.

Chapter 16

International Arrangements

79.

Geneva Act of the Hague Agreement.

Chapter 17

Proceedings before the Controller or the Courts

80.

Exercise of discretionary powers of Controller.

81.

Costs and security for costs.

82.

Evidence before the Controller.

83.

Costs of Controller in proceedings.

84.

Appeals.

Chapter 18

Miscellaneous

85.

Power of Minister to make regulations.

86.

Rights of State in respect of registered designs.

87.

Privileged communications.

88.

Recognition of agents.

89.

Amendment to Copyright and Related Rights Act, 2000.

FIRST SCHEDULE

Transitional Provisions

SECOND SCHEDULE

Repeals


Acts Referred to

Companies Acts, 1963 to 1999

Copyright Act, 1963

1963, No. 10

Copyright and Related Rights Act, 2000

2000, No. 28

Customs Acts

Industrial and Commercial Property (Protection) Acts, 1927 to 1958

Industrial and Commercial Property (Protection) Act, 1927

1927, No. 16

Industrial and Commercial Property (Protection) (Amendment) Act, 1929

1929, No. 13

Industrial and Commercial Property (Protection) (Neuchatel Agreement) Act, 1947

1947, No. 45

Industrial and Commercial Property (Protection) (Amendment) Act, 1949

1949, No. 32

Industrial and Commercial Property (Protection) (Amendment) Act, 1957

1957, No. 13

Industrial and Commercial Property (Protection) (Amendment) Act, 1958

1958, No. 21

Local Government Act, 1941

1941, No. 23

Patents Act, 1992

1992, No. 1

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Offices Fees Act, 1879

1879, c. 58

Solicitors Act, 1954

1954, No. 36

Statute of Limitations, 1957

1957, No. 6

Trade Marks Act, 1996

1996, No. 6

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Number 39 of 2001


INDUSTRIAL DESIGNS ACT, 2001


AN ACT TO MAKE PROVISION FOR THE PROTECTION OF DESIGNS, TO GIVE EFFECT TO DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 OCTOBER 19981 ON THE LEGAL PROTECTION OF DESIGNS, TO GIVE EFFECT TO THE GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS ADOPTED AT GENEVA ON 2 JULY, 1999, AND TO PROVIDE FOR RELATED MATTERS.

[27th November, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 O.J. No. L289/28, 28.10.98.