S.I. No. 587/2019 - Industrial Designs (Amendment) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th November, 2019.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by Section 85 of the Industrial Designs Act 2001 (No. 39 of 2001) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)), hereby make the following regulations:

Citation and commencement.

1. These Regulations may be cited as the Industrial Designs (Amendment) Regulations 2019 and shall come into operation on 2 December 2019.

Definition.

2. In these Regulations -

“Act” means the Industrial Designs Act 2001 (No.39 of 2001);

“Principal Regulations” means the Industrial Designs Regulations 2002 (as amended) ( S.I. No. 280 of 2002 ), and except where the context otherwise requires, a reference to a Regulation is a reference to a Regulation of those Regulations.

Amendment of Regulation 3.

3. Regulation 3 of the Principal Regulations is amended in paragraph (1) by the substitution of the following definition for the definition of “Office”

“Office means the Intellectual Property Office of Ireland;”

Amendment of Regulation 30.

4. Regulation 30 of the Principal Regulations is amended in paragraph (1) by the substitution of “the Office” for “the Patents Office”.

Amendment of Regulation 31.

5. Regulation 31 of the Principal Regulations is amended in paragraphs (2)(a); (2)(b) and (2)(c), by the substitution of “the Office” for “the Patents Office”.

Amendment of Regulation 48.

6. Regulation 48 of the Principal Regulations is amended by -

(a) the substitution of “court” for “Court” in the title of this Regulation, and

(b) the substitution of “the appropriate court” for “the Court”.

Amendment of Regulation 49.

7. Regulation 49 of the Principal Regulations is amended -

(a) by the substitution of “court” for “Court” in the title of this Regulation, and

(b) in paragraph (1) by the substitution of “the appropriate court” for “the Court”.

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GIVEN under my Official Seal,

26 November, 2019.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The amendments to Regulations 3, 30 and 31 change the title of the Patents Office, subsequent to the changes made in relation to the renaming of the Patents Office in the Copyright and Other Intellectual Property Law Provisions Act 2019 .

Subsequent to the changes made in relation to the courts in the Copyright and Other Intellectual Property Law Provisions Act 2019 , the amendments to Regulations 48 and 49 provide that IP proceedings may take place in the relevant court.