Industrial and Commercial Property (Protection) Act, 1927

Registration of designs in certain cases.

65.—(1) Any person or the legal representative or assignee of any person who applied after the 6th day of December, 1921, and before the commencement of this Part of this Act to the Minister for Economic Affairs of the late Provisional Government of Ireland or to the Minister for Industry and Commerce of Saorstát Eireann for the registration of a design shall be entitled to apply under this Act within one year after the commencement of this Part of this Act for the registration of the same design and shall be entitled to have such application under this Act dated and treated as having been made as of the date of the first-mentioned application for the purposes of determining the respective priorities of the said application under this Act and any other application, fixing the date as of which the design is to be registered, and determining whether the design had been previously published in Saorstát Eireann.

(2) Any person or the legal representative or assignee of any person who has obtained between the 6th day of December, 1921, and the commencement of this Part of this Act protection for a design in any British dominion (other than Great Britain and Northern Ireland) or foreign state to which the provisions of section 152 (which relates to international arrangements) of this Act are applied or declared to be applicable by order made under that section shall be entitled to apply under this Act within one year after the commencement of this Part of this Act for the registration of the same design and shall be entitled to have the said application under this Act dated and treated as having been made as of the date of the application for protection of the said design in such British dominion or foreign state for the purposes of determining the respective priorities of the said application under this Act and any other application, fixing the date as of which the design is to be registered, and determining whether the design had been previously published in Saorstát Eireann.

(3) Any person who applies under the provisions of this section for the registration of a design may at any time before the completion of such registration (hereinafter called the first-mentioned registration) apply to the controller for the cancellation of any registration (hereinafter called the second-mentioned registration) of the same design made under section 66 (which relates to the registration of designs registered in the Patent Office in London) of this Act and dated as of a date between the 6th day of December, 1921, and the commencement of this Part of this Act on the ground that the date of the application for the second-mentioned registration was subsequent to the date of an application made by the applicant for the first-mentioned registration to the Minister for Economic Affairs of the late Provisional Government of Ireland or to the Minister for Industry and Commerce of Saorstát Eireann or in any such British dominion or foreign state as is mentioned in the foregoing sub-section for registration of the same design, and the controller may on such application for cancellation cancel the second-mentioned registration on the ground aforesaid but on no other ground.

(4) An appeal shall lie to the law officer from every decision of the controller on an application for cancellation under the foregoing sub-section.