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False representation.
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68.—(1) Where a person falsely represents that a design applied to a product disposed of by him or her in the State for valuable consideration is registered, knowing or having reason to believe that the representation is false, he or she shall be guilty of an offence.
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(2) For the purposes of this section, a person who in the State disposes of a product for valuable consideration having stamped, engraved or impressed thereon or otherwise applied to it the word “registered” or anything expressing or implying that a design applied to the product is a registered design, shall be deemed to have made a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the State and that the design is so registered.
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(3) Where any person, after the design right in a design has expired, marks any product to which the design has been applied with the word “registered”, or any word or words implying that there is a subsisting right in the design under this Act, or causes any such product to be so marked, he or she shall be guilty of an offence.
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(4) A person guilty of an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding €1,905 (£1,500).
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