S.I. No. 315/1980 - Industrial Property Rules, 1927 (Amendment) Rules, 1980.


S.I. No. 315 of 1980.

INDUSTRIAL PROPERTY RULES, 1927 (AMENDMENT) RULES, 1980.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Tourism, with the sanction of the Minister for Finance and in exercise of the powers conferred on me by section 9 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by section 1 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1949 (No. 32 of 1949), and of the Industry, Commerce and Energy (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 10 of 1980 ), hereby make the following Rules:—

1. (1) These Rules may be cited as the Industrial Property Rules, 1927 (Amendment) Rules, 1980.

(2) These Rules shall come into operation on the 1st day of November, 1980.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. The Industrial Property Rules, 1927 ( S. R. & O. No. 78 of 1927 ), are hereby amended by the substitution for the matter (inserted by the Industrial Property Rules, 1927 (Amendment) Rules, 1955 ( S.I. No. 116 of 1955 ), and the Industrial Property Rules, 1927 (Amendment) Rules, 1956 ( S.I. No. 315 of 1956 )) in the Sixth Schedule thereto of the matter contained in the Table to this Rule.

TABLE.

List of fees payable in respect of the registration of designs, and of other matters in relation thereto:—

£

1.

On application to register one design to be applied to a single article in a Class

25.00

2.

On application to register one design to be applied to a set of articles in a Class

50.00

3.

On request for correction of a clerical error

5.00

4.

On request to amend an application for registration

10.00

5.

For extension of period of copyright for a second period of five years

60.00

6.

For extension of period of copyright for a third period of five years

90.00

7.

On application for cancellation of a registration

8.00

8.

On application for an extension of time for completion of the registration of a design, or for the payment of a fee for the extension of the period of copyright in a design, not exceeding the permitted extension, for each month

6.00

9.

On notice of opposition to the entry in the register of a disclaimer or memorandum relating to a design

10.00

10.

On application for entry in the register of the name of a subsequent proprietor of a registered design or of notice of licence or other document:—

(a) if made within six months of the acquisition of the interest:—

In respect of one entry

For each additional similar entry

8.00

2.00

(b) if made subsequently:—

In respect of one entry

For each additional similar entry

12.00

2.00

11.

On application by the proprietor of a registered design for cancellation of an entry or for the rectification of the register not otherwise charged or by a licensee or other person having a registered interest for removal of his name

8.00

12.

On application by the proprietor of a registered design to alter a name or address or address for service or to enter a second address for service in the register when there has been no change of proprietorship:—

For one entry

For each additional similar entry

2.00

1.00

13.

On application under Section 129(6) by a person other than the registered proprietor of a design for the rectification of the register

6.00

14.

On lodgment of notice of Order of Court, Rule 174

2.00

15.

On notice of intention to publish an unregistered design at an exhibition under Section 76

2.00

16.

On notice of intention to attend at a hearing by the Controller in any proceedings referred to in Rule 155, by each party

4.00

17.

On application for leave to intervene in any proceedings before the Controller

4.00

18.

On application to Controller to state grounds of decision under Rule 87

36.00

19.

For certificate of Controller under Rule 148

6.00

20.

For certified extract from the register

6.00

21.

For typed office copies of document, for each 100 words or less

0.50

22.

For photographic office copies of document, for each foolscap page

0.10

23.

For certifying office copies MSS., typed, printed, or photographic, each

1.00

24.

On application under Section 74 when registered number of design is furnished

3.00

25.

On application under Section 74 when registered number of design is not furnished ..

6.00

26.

For inspection of the register or other document open to inspection (except inspection under the second paragraph of Section 73(1) of the Act) for every quarter of an hour

0.30

27.

On application under Rule 86 or 151 for a hearing

16.00

GIVEN under my Official Seal, this 10th day of October, 1980.

DESMOND O'MALLEY,

Minister for Industry, Commerce & Tourism.

I, MICHAEL O'KENNEDY, Minister for Finance, hereby sanction the foregoing Rules.

GIVEN under the Official Seal of the Minister for Finance, this 10th day of October, 1980.

MICHAEL O'KENNEDY,

Minister for Finance.

EXPLANATORY NOTE.

These Rules provide for revision of the fees payable in respect of designs.