S.I. No. 44/1928 - Industrial and Commercial Property (Protection) Act, 1927 Regulations, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 44.

INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927.

REGULATIONS MADE BY THE REVENUE COMMISSIONERS IN REGARD TO THE IMPORTATION OF WORKS INFRINGING COPYRIGHT.

REGULATIONS DATED THE 22nd DAY OF MARCH, 1928, MADE BY THE REVENUE COMMISSIONERS UNDER SECTION 165 of THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 .

The Revenue Commissioners, in pursuance of the powers vested in them by section one hundred and sixty-five of the Industrial and Commercial Property (Protection) Act, 1927 , hereby prescribe the following Regulations which are to be observed on and after the first day of July, 1928.

1. The Notice in writing to be given to the Revenue Commissioners (hereinafter referred to as the said Commissioners) under section one hundred and sixty-five of the Industrial and Commercial Property (Protection) Act, 1927 , by the owner of the copyright in any work (which is a book or other printed work) in which copyright subsists in Saorstát Eireann, or his agent, who is desirous that copies thereof printed or reprinted out of Saorstát Eireann shall not be imported into Saorstát Eireann, shall be a general notice in the Form No. 1 in the Schedule hereto or as near thereto as circumstances permit, or a special notice in the Form No. 3 in the same Schedule relating to a particular importation.

2. The notice in writing to be given to the said Commissioners under section one hundred and sixty-five of the Industrial and Commercial Property (Protection) Act, 1927 , by the owner of the copyright in any work (other than a book or other printed work) in which copyright subsists in Saorstát Eireann, or his agent, who is desirous that copies thereof made out of Saorstát Eireann shall not be imported into Saorstát Eireann, may be either a general notice in the Form No. 2 in the Schedule hereto or as near thereto as circumstances permit, or a special notice in the Form No. 3 in the same Schedule relating to a particular importation.

3. Every notice given in pursuance of these regulations in the Form No. 1 or No. 2 in the Schedule hereto shall be accompanied by a statutory declaration in the Form No. 4 in the same Schedule.

4. Before any article which appears, or is alleged, to be a copy of a work to which a notice applies is detained, or any further proceedings with a view to the forfeiture thereof under the law relating to the Customs are taken, the person who signed the notice, whether as owner or agent, shall, if required so to do, give to the said Commissioners in writing such further information and evidence, verified if so required by a statutory declaration, as they consider necessary to satisfy them that the article in question is liable to detention and forfeiture.

5. In the case of any detention in consequence of a notice in the Form No. 3 given to the said Commissioners, the person who signed the notice, whether as owner or agent, must, if so required, deposit with the Collector of Customs and Excise or other Chief Officer of Customs and Excise at the port or place of detention a sum of money sufficient in the opinion of that Officer to cover any expense which may be incurred in the examination required by reason of such notice, and if upon the examination of the goods the said Collector or other Chief Officer is satisfied that there is no ground for their detention, they will be delivered.

6. If any goods are placed under detention in consequence of any notice given in pursuance of these Regulations, the said Commissioners may require the person who signed the notice to give an undertaking in writing to reimburse them all expenses and damages incurred in respect of the detention, and of any proceedings consequent upon or arising out of such detention, if such an undertaking has not already been given, and may also require him within four days after the detention to enter into a bond with two approved sureties in such form and for such amount as the said Commissioners may require.

7. Any deposit of money previously made will be returned on the completion of the bond.

8. In these Regulations—

"Owner of the copyright" has the same meaning as in section one hundred and sixty-five of the Industrial and Commercial Property (Protection) Act, 1927 .

"Book or other printed work" means every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart, or table separately published.

Dated this 22nd day of March, 1928.

By Order of the Revenue Commissioners,

M. V. NOLAN,

Revenue Commissioner.

THE SCHEDULE.

FORM No. 1.

NOTICE

Relating to copyright in works, which are Books or other printed works.

To the Revenue Commissioners.

I,

of

hereby give you notice under Section 165 of the Industrial and Commercial Property (Protection) Act, 1927 , that copyright in the original work (1)..............................................

mentioned in the Schedule hereto now subsists in Saorstát Eireann and that (2).......................

the owner of the copyright in the said work (1) ........................ and that (3) .......................

desirous that copies of the said work (1) ............................................................ ... made out of Saorstát Eireann which if made in Saorstát Eireann would infringe copyright shall not be imported into Saorstát Eireann.

Dated this      day of     ,19 .

(Signature) ....................................................

(4)............................................................ ..

SCHEDULE.

Title of Book (5)............................................................ .....................................................

Description of printed work, if not a Book............................................................ ...............

Full name of Author or Authors (6)............................................................ ..........................

Whether Author or Authors alive. If not, date of death..........................................................

............................................................ ............................................................ ...................

When and where (7) book or printed work first published.....................................................

............................................................ ............................................................ ....................

(Note:—Where advantage has been taken of the provisions of the Industrial and Commercial Property (Protection) Act, 1927 , as to simultaneous publication, the date and place stated should be those which entitle the work to copyright in Saorstát Eireann.)

If work not published:—

Whether Author is a citizen of Saorstát Eireann or not..........................................

If not a citizen of Saorstát Eireann, name of country in which Author was resident or domiciled at date of the making of the work.

(1) or works.

(2) If notice is given by the owner insert "I am"; if given by an agent insert name of owner and the word "is."

(3) "I am" or "he is."

(4) If an agent insert "Agent of owner."

(5) The notice may apply to a number of books or printed works, in which case the particulars in the Schedule must be given as respects each book or printed work.

(6) If the author is anonymous and the publisher claims to be the owner of the copyright insert words to this effect.

(7) It is sufficient to state the country of first publication.

FORM No. 2.

NOTICE.

Relating to Copyright Works, other than Books or other printed Works.

To the Revenue Commissioners.

I,

of

hereby give you notice under Section 165 of the Industrial and Commercial Property (Protection) Act, 1927 , that copyright in the original work mentioned in the Schedule hereto now subsists in Saorstát Eireann and that (1)............................................................ ........

the owner of the copyright in the said work, and that (2) ..................................................

desirous that copies of the said work made out of Saorstát Eireann which if made in Saorstát Eireann would infringe copyright shall not be imported into Saorstát Eireann.

Dated this       day of     , 19 .

(Signature) ............................................................ ...........

(3)............................................................ ...

SCHEDULE.

Title of Work (if any)............................................................ ................................................

Full description of Work............................................................ ...........................................

Initials or Marks (if any) usually

placed on copies of Work ............................................................ ........................

Full name of Author or Authors............................................................ ................................

Whether Author or Authors alive.

If not, date of death............................................................ ....................................

When and where (4) work first published............................................................ ..................

(Note:—Where advantage has been taken of the provisions of the Industrial and Commercial Property (Protection) Act, 1927 , as to simultaneous publication, the date and place stated should be those which entitle the work to copyright in Saorstát Eireann.)

If work not published:—

Whether Author is a citizen of Saorstát Eireann or not.........................................................

If not a citizen of Saorstát Eireann, name of country in which Author was resident or domiciled at date of the making of the work............................................................ ...........................

In the case of photographs, phonographic records and music rolls, date of making the original negative or original plate............................................................ .........................................

(1) If notice is given by the owner, insert "I am"; if given by an agent insert name of owner and the word "is".

(2) "I am" or "he is".

(3) If an agent insert "Agent of owner".

(4) It is sufficient to state the country of first publication.

FORM No. 3.

NOTICE

Relating to a particular importation of any Work infringing Copyright subsisting in Saorstát Eireann.

To the Revenue Commissioners.

I,

of

hereby give you notice under Section 165 of the Industrial and Commercial Property (Protection) Act, 1927 , that (1)............................................................ ........................

............................................................ .....the owner of the copyright in a certain original work as to which copyright now subsists in Saorstát Eireann and that the undermentioned goods, that is to say (2)

are about to be imported at............................................................ ..................................

on or about the............................................................ .. day of........................ next in the (3) .......................................................... from ............................................................ ...

That such goods are liable to detention and forfeiture as being copies which if made in Saorstát Eireann would infringe copyright on the ground that (4)

And I request that the said goods may be detained and dealt with accordingly, and I hereby undertake to reimburse the Revenue Commissioners all expenses and damages to be incurred in respect of the detention, and of any proceedings consequent upon or arising out of such detention.

Dated this       day of     , 19  .

(Signature)............................................................ .........

(5)...................................................

FORM No. 4.

STATUTORY DECLARATION.

I,

of

do solemnly and sincerely declare that the contents of the Notice hereto annexed are true, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared by the above-named

at ............................................................ ............................................................ ...............

this              day of         , 19 ,

before me

A Peace Commissioner.

A Commissioner for Oaths.

(1) If notice is given by the owner, insert "I am"; if given by an agent, insert name of owner and the word "is."

(2) Describe the goods, number of packages, marks used, and any other particulars necessary for their identification.

(3) Describe the ship, or method of importation.

(4) State how the goods are liable to detention and forfeiture.

(5) If an agent, insert "Agent of owner."