Industrial and Commercial Property (Protection) Act, 1927

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Number 16 of 1927.


INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927.


ARRANGEMENT OF SECTIONS

Section

1.

Short title.

2.

Commencement of Act.

3.

Definitions.

4.

Repeals.

PART I.

ESTABLISHMENT OF INDUSTRIAL AND COMMERCIAL PROPERTY REGISTRATION OFFICE.

5.

Establishment of Industrial and Commercial Property Registration Office.

6.

Appointment of Controller of Industrial and Commercial Property.

7.

Controller to be a corporation and have official seal.

8.

Appointment of officers of controller.

9.

Fees to be charged by controller.

10.

Controller to publish Official Journal and other documents.

PART II.

PATENTS.

11.

Application for patent generally.

12.

Application for patent in certain cases.

13.

Specifications of inventions.

14.

Proceedings upon application.

15.

Provisional protection.

16.

Time for leaving complete specification.

17.

Comparison of provisional and complete specifications.

18.

Time for acceptance of complete specification.

19.

Documents to accompany specifications.

20.

Investigation of specifications published subsequent to application.

21.

Investigation of specifications published previous to application.

22.

Advertisement on acceptance of complete specification.

23.

Effect of acceptance of complete specification.

24.

Opposition to grant of patent.

25.

Grant and sealing of patent.

26.

Abandoned or void application.

27.

Date of patent.

28.

Effect and form of patent.

29.

Effect of existing British patents.

30.

Fraudulent applications for patents.

31.

Single patent for cognate inventions.

32.

Term of patent.

33.

Effect of failure to pay fees.

34.

Extension of term of patent.

35.

Patents of addition.

36.

Restoration of lapsed patents.

37.

Amendment of specification by controller.

38.

Amendment of specification by the court.

39.

Restriction on damages where specification amended.

40.

Provisions as to patents indorsed “licences of right”.

41.

Revocation of patents by court.

42.

Revocation of patents by controller.

43.

Prevention of abuse of monopoly rights.

44.

Operation of order for grant of licence.

45.

Register of patents.

46.

Inventor or patentee may assign benefit to Minister.

47.

Inventions related to instruments or munitions of war.

48.

Hearing with assessor.

49.

Counterclaim for revocation of patent.

50.

Power of court to grant relief in respect of particular claims.

51.

Exemption of innocent infringer from liability for damages.

52.

Order for injunction or inspection.

53.

Grant of patent to two or more persons.

54.

Avoidance of certain conditions attached to the sale, etc., of patented articles.

55.

Chemical products and substances intended for food or medicine.

56.

Acts which do not amount to anticipation.

57.

Discrepancies between provisional and complete specifications.

58.

Rights of representative of deceased inventor.

59.

Loss or destruction of patent.

60.

Publication of invention at certain exhibitions.

61.

Use of invention on foreign vessel in home waters.

62.

Patent agents to be registered.

63.

Management of register of patent agents.

PART III.

DESIGNS.

64.

Registration of designs generally.

65.

Registration of designs in certain cases.

66.

Registration of designs registered in Patent Office in London.

67.

Registration of designs in new classes.

68.

Certificate of registration.

69.

Register of designs.

70.

Copyright in registered designs.

71.

Requirements before delivery on sale.

72.

No publication by confidential disclosure of design.

73.

Inspection of registered designs.

74.

Information as to existence of registration.

75.

Cancellation of registration of design.

76.

Publication of designs at certain exhibitions.

77.

Ministers may acquire designs.

78.

Prohibition of infringement of copyright in design.

79.

Applications abandoned or refused.

PART IV.

TRADE MARKS.

80.

Register of trade marks.

81.

Trade mark must be for particular goods.

82.

Requisites for registration in Part A.

83.

Colour of trade marks.

84.

Deceptive or misleading trade marks.

85.

Application for registration in Part A.

86.

Application for registration in Part B.

87.

Translation of application from Part A to Part B.

88.

Registration of trade marks in certain cases.

89.

Registration of trade marks registered in Patent Office in London.

90.

Advertisement of application.

91.

Opposition to registration.

92.

Disclaimer of non-distinctive elements.

93.

Date of registration.

94.

Certificate of registration.

95.

Delay in completion of registration.

96.

Identical trade marks.

97.

Rival claims to identical marks.

98.

Concurrent user.

99.

Assignment and transmission of trade marks.

100.

Apportionment of trade marks on dissolution of partnership.

101.

Associated trade marks.

102.

Combined trade marks.

103.

Series of trade marks.

104.

Assignment and user of associated trade marks.

105.

Duration of registration.

106.

Renewal of registration.

107.

Procedure on expiry of period of registration.

108.

Status of unrenewed trade mark.

109.

Removal from register of word trade marks used as name of articles.

110.

Alteration of registered trade mark.

111.

Non-user of trade mark.

112.

Powers of registered proprietor.

113.

Rights of registered proprietor.

114.

Effect of registration in Part B.

115.

Registration to be prima facie evidence of validity.

116.

Registration to be conclusive after seven years.

117.

Unregistered trade mark.

118.

Admission of evidence of trade usages.

119.

No interference with use of own name, etc.

120.

Remedies for “passing off” not affected.

121.

Registration of marks by Ministers.

122.

Misuse of trade marks indicative of Irish origin.

123.

Trade marks used solely as certificates of quality, etc.

PART V.

GENERAL PROVISIONS RELATING TO PATENTS, DESIGNS AND TRADE MARKS.

124.

Trusts not to be entered in registers.

125.

Inspection of and extracts from registers.

126.

Reports of officers to be privileged.

127.

Registration of assignments, etc.

128.

Power of controller to amend register.

129.

Power of court to amend register.

130.

Rights of State in respect of patented inventions and registered designs.

131.

Remedy in case of groundless threats of legal proceedings.

132.

Certificate of validity questioned and costs thereon.

133.

Procedure on appeals to law officer.

134.

Exercise of discretionary power by controller.

135.

Costs and security for costs.

136.

Controller may consult law officer.

137.

Recognition of agents.

138.

Inventions, etc, contrary to law or morality.

139.

Controller to make annual reports.

140.

Minister may refer appeals to court.

141.

Minister may delegate his duties under this Act.

142.

Evidence before controller.

143.

Appearance of controller in proceedings for rectification.

144.

Costs of controller in court proceedings.

145.

Certificate of controller to be evidence.

146.

Sealed copies of documents in office to be evidence.

147.

Notices may be sent by post.

148.

Excluded days.

149.

Declarations by infants, lunatics, etc.

150.

Offences.

151.

Unauthorised user of State badges.

152.

International arrangements.

153.

Minister may make general rules, etc.

PART VI.

COPYRIGHT.

154.

Copyright.

155.

Infringement of copyright.

156.

Term of copyright.

157.

Compulsory licences.

158.

Ownership of copyright, etc.

159.

Civil remedies for infringement of copyright.

160.

Rights in respect of infringing copies, etc.

161.

Exemption of innocent infringer from certain liabilities.

162.

Restriction on remedies in the case of architecture.

163.

Limitation of actions.

164.

Penalties for dealing with infringing copies.

165.

Importation of copies.

166.

Works of joint authors.

167.

Posthumous works.

168.

Copyright in Government publications.

169.

Copyright in mechanical musical instruments.

170.

Reports of political speeches.

171.

Copyright in photographs.

172.

Application of this Part of this Act to registered designs.

173.

Works of foreign authors.

174.

Preservation of existing copyrights.

175.

Power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country.

176.

Abrogation of common law rights.

177.

Definitions and interpretation.

PART VII.

MISCELLANEOUS PROVISIONS IN RELATION TO COPYRIGHT.

178.

Delivery of books to libraries.

179.

Registration of artistic work defining a design.

180.

Application of Part VI. of this Act to artistic work defining a design.

181.

Register to be kept by proprietors of theatres, etc.

182.

Seizure, etc., of pirated copies of musical works.

183.

Seizure of pirated copies on request of copyright owner.

184.

Penalties for being in possession of pirated copies.

185.

Right of entry by police for execution of this Part of this Act.

186.

Penalty for certain offences.

187.

Definitions.

FIRST SCHEDULE.

SECOND SCHEDULE.


Acts Referred to

Ministers and Secretaries Act, 1924

No. 16 of 1924

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Number 16 of 1927.


INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927.


AN ACT TO MAKE PROVISION FOR THE GRANTING OF PATENTS FOR INVENTIONS, THE REGISTRATION OF DESIGNS AND TRADE MARKS, AND THE DEFINITION AND PROTECTION OF COPYRIGHT IN SAORST?T EIREANN. [20th May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PRELIMINARY.