Industrial and Commercial Property (Protection) Act, 1927

Power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country.

175.—(1) The Governor-General may by Order made on the advice of the Executive Council direct that this Part of this Act (except such parts, if any, thereof as may be specified in the Order) shall apply—

(a) to works first published in a British dominion or a foreign country to which the Order relates, in like manner as if they were first published within Saorstát Eireann;

(b) to literary, dramatic, musical, and artistic works, or any class thereof the authors whereof were at the time of the making of the work subjects or citizens of a British dominion or a foreign country to which the Order relates, in like manner as if the authors were citizens of Saorstát Eireann;

(c) in respect of residence in a British dominion or a foreign country to which the Order relates, in like manner as if such residence were residence within Saorstát Eireann;

and thereupon, subject to the provisions of this Part of this Act and of the Order, this Act shall apply accordingly:

Provided that—

(i) before making an order under this section in respect of a British dominion or a foreign country (other than a dominion or a country with which a convention relating to copyright and binding on Saorstát Eireann exists) the Governor-General acting on the advice of the Executive Council shall be satisfied that that British dominion or foreign country has made, or has undertaken to make, such provisions, if any, as it appears to the Governor-General acting on the advice of the Executive Council expedient to require for the protection of works entitled to copyright under the provisions of this Part of this Act;

(ii) the order may provide that the enjoyment of the rights conferred by this Part of this Act shall be subject to the accomplishment of such conditions and formalities (if any) as may be prescribed by the order;

(iii) in applying the provisions of this Part of this Act as to ownership of copyright, the order may make such modifications as appear necessary having regard to the law of the foreign country;

(iv) in applying the provisions of this Part of this Act as to existing works, the order may make such modifications as appear necessary, and may provide that nothing in those provisions as so applied shall be construed as reviving any right of preventing the production or importation of any translation in any case where the right has ceased by virtue of section 5 of the International Copyright Act, 1886.

(2) An order under this section may extend to all the several countries named or described therein.