S.I. No. 22/1959 - Patents, Designs and Trade Marks (International Arrangements) Order, 1959.


S.I. No. 22 of 1959.

PATENTS, DESIGNS AND TRADE MARKS (INTERNATIONAL ARRANGEMENTS) ORDER, 1959.

WHEREAS by section 152 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), provision is made for the mutual protection of inventions, designs and trade marks as between the State and any foreign state with the government of which an arrangement binding on the State has been made for such mutual protection but by subsection (5) of that section, as adapted by section 2 of the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937), it is enacted that the provisions of that section shall apply only in the case of those foreign states with respect to which the Government by order declares them to be applicable :

AND WHEREAS the foreign states specified in the First Schedule hereto are parties to or have acceded to the International Convention for the Protection of Industrial Property signed at Paris on the 20th day of March, 1883, and revised at Brussels on the 14th day of December, 1900, at Washington on the 2nd day of June, 1911, at The Hague on the 6th day of November, 1925, and at London on the 2nd day of June, 1934 :

AND WHEREAS the State has acceded to the said International Convention and it is therefore expedient that the provisions of the said section 152, as amended, should be applied to the said foreign states specified in the First Schedule hereto :

NOW, the Government, in exercise of the powers conferred on them by subsection (5) of section 152 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as adapted by section 2 of the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937), hereby order as follows :

1. This Order may be cited as the Patents, Designs and Trade Marks (International Arrangements) Order, 1959.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The provisions of section 152 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by section 7 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 (No. 13 of 1957), shall apply to the several foreign states specified in the First Schedule to this Order.

4. The Orders specified in the Second Schedule to this Order are hereby revoked.

FIRST SCHEDULE.

Australia

Liechtenstein

Austria

Luxembourg

Belgium

Mexico

Brazil

Monaco

Bulgaria

Morocco

Canada

Netherlands

Ceylon

New Zealand

Cuba

Norway

Czechoslovakia

Poland

Denmark

Portugal

Dominican Republic

Federation of Rhodesia and Nyasaland

Finland

France

Rumania

Federal Republic of Germany

Spain

Great Britain

Sweden

Greece

Switzerland

Haiti

Tunisia

Hungary

Turkey

Indonesia

Union of South Africa

Israel

United Arab Republic

Italy

United States of America

Japan

Vietnam

Lebanon

Yugoslavia

SECOND SCHEDULE.

ORDERS REVOKED.

Number and Year of the Statutory Rules and Orders and of the Statutory Instrument

Title

No. 27 of 1928

Patents, Designs and Trade Marks (United Kingdom) Order, 1928.

No. 28 of 1928

Patents, Designs and Trade Marks (International Convention) Order, 1928.

No. 46 of 1928

Patents and Designs (South Africa and British India) Order, 1928.

No. 47 of 1928

Patents, Designs and Trade Marks (Canada) Order, 1928.

No. 48 of 1928

Patents, Designs and Trade Marks (New Zealand) Order, 1928.

No. 75 of 1928

Patents, Designs and Trade Marks (Spanish Morocco) Order, 1928.

No. 256 of 1956

Patents, Designs and Trade Marks (Commonwealth of Australia) Order, 1956.

GIVEN under the Official Seal of the Government, this 13th day of February, 1959.

SEÁN F. LEMASS,

Tánaiste.

EXPLANATORY NOTE.

This Order applies the provisions of Section 152 of the Industrial and Commercial Property (Protection) Act, 1927 , as amended, (which provides for the granting of priority to a person who has applied for protection for any invention, design or trade mark in a foreign state) to the states listed in the Schedule. These are the states which, with Ireland, are bound by the International Convention for the protection of Industrial Property. All previous Orders made under the Section are revoked.