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Chapter 11
Offences
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Offences.
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66.—(1) A person who without the licence of the registered proprietor of a design and while the design right is in force—
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(a) uses, otherwise than for his or her private and domestic use,
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(b) makes for sale or rent,
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(c) sells or rents, or offers or exposes for sale or rent,
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(d) imports into the State, otherwise than for his or her private and domestic use,
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(e) exports, or
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(f) in the course of a business, trade or profession, has in his or her possession, custody or control,
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a product which is, and which he or she knows or has reason to believe is, an infringing product, shall be guilty of an offence.
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(2) A person who—
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(a) makes,
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(b) sells or rents, or offers or exposes for sale or rent,
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(c) imports into the State, or
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(d) has in his or her possession, custody or control,
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an article specifically designed or adapted for applying to or incorporating in a product a design, knowing or having reason to believe that it has been or is to be used to make infringing products, shall be guilty of an offence.
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(3) An offence shall not be committed under subsection (1) by the undertaking of an act which under this Act may be undertaken without infringing the design right.
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(4) A person guilty of an offence under this section shall be liable—
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(a) on summary conviction, to a fine not exceeding €1,905 (£1,500) in respect of each infringing product or article, or to imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine not exceeding €127,000 (£100,000), or to imprisonment for a term not exceeding 5 years, or both.
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