Patents (Amendment) Act 2006

Infringement of registered trade mark (section 14 of 1996 Act).

39.— Section 14 of the 1996 Act is amended by substituting the following for subsection (3):

“(3) A person shall infringe a registered trade mark if that person uses in the course of trade in relation to goods or services a sign which is identical with or similar to the trade mark where the trade mark has a reputation in the State and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the reputation of the trade mark.”.