Industrial Designs Act, 2001
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Chapter 13 Provision for Preventing Importation | ||
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Infringing products or articles may be treated as prohibited goods. |
73.—(1) The registered proprietor of a design may give notice in writing to the Revenue Commissioners— | |
(a) that he or she is the registered proprietor, and | ||
(b) that he or she requests the Revenue Commissioners for a period specified in the notice to treat infringing products or infringing articles as prohibited goods. | ||
(2) The period specified in a notice given under subsection (1) shall not exceed 5 years and shall not extend beyond the period for which design right is to subsist. | ||
(3) The registered proprietor may give notice in writing to the Revenue Commissioners— | ||
(a) that he or she is the registered proprietor, | ||
(b) that infringing products or articles referred to in subsection (1)(b) are expected to arrive in the State at a time and a place specified in the notice, and | ||
(c) that he or she requests the Revenue Commissioners to treat those products or articles as prohibited goods. | ||
(4) When a notice given under subsection (1) is in force, the importation of goods to which the notice relates, other than products imported by a person for his or her private and domestic use, is prohibited. | ||
(5) Notwithstanding subsection (4) or anything contained in the Customs Acts, a person is not, by reason of the prohibition, liable to any penalty under the Customs Acts other than forfeiture of the prohibited goods. | ||
(6) In this section, “prohibited goods” means counterfeit or pirated goods within the meaning of the European Communities (Counterfeit and Pirated Goods) Regulations, 1996 ( S.I. No. 48 of 1996 ). |