Trade Marks Act, 1996
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Rights conferred by registered trade mark. |
13.—(1) The proprietor of a registered trade mark shall have exclusive rights in the trade mark and such rights shall be infringed by the use of that trade mark in the State without the proprietor's consent; and the acts referred to in section 14 , if done without that consent, shall constitute infringement of the proprietor's rights. | |
(2) References in this Act to the infringement of a registered trade mark are references to any infringement of the rights of the proprietor of the registered trade mark. | ||
(3) The rights of the proprietor of a registered trade mark shall have effect from the date of registration of the trade mark (as determined under section 45 (3)). | ||
(4) Notwithstanding subsection (3)— | ||
(a) no infringement proceedings may be begun before the date of publication of the registration of the trade mark; and | ||
(b) no offence shall be regarded as committed under section 92 by anything done before that date. |