Industrial and Commercial Property (Protection) Act, 1927

International arrangements.

152.—(1) If any arrangement binding on Saorstát Eireann (whether by reason of its having been made by the Governor-General on the advice of the Executive Council or for any other reason) has been or shall be made with the government of any foreign state for mutual protection of inventions, or designs, or trade marks, then any person who has applied for protection for any invention, design, or trade mark in that state, or the legal representative or assignee of such person shall be entitled to a patent for his invention or to registration of his design or trade mark under this Act in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the foreign state, provided whichever of the following conditions is applicable be duly complied with, that is to say:—

(a) in the case of a patent, the application for protection in Saorstát Eireann shall be made within twelve months after the date of the application for protection in the foreign state or, where such last-mentioned application was pending at the commencement of Part II . of this Act, within twelve months after the date of such commencement, and

(b) in the case of a design, the application for protection in Saorstát Eireann shall be made within four months after the date of the application for protection in the foreign state or, where such last-mentioned application was pending at the commencement of Part III . of this Act, within four months after the date of such commencement, and

(c) in the case of a trade mark, the application for protection in Saorstát Eireann shall be made within four months after the date of the application for protection in the foreign state or, where such last-mentioned application was pending at the commencement of Part IV . of this Act, within four months after the date of such commencement.

(2) Nothing in this section shall entitle the patentee under a patent or the proprietor of a design or trade mark to recover damages for infringements happening prior to the date on which the complete specification for the patent is accepted or the registration of the design or trade mark is completed (as the case may be).

(3) The patent granted for the invention or the registration of the design or trade mark shall not be invalidated—

(a) in the case of a patent, by reason only of the publication of a description of, or the use of, the invention; or

(b) in the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or

(c) in the case of a trade mark, by reason only of the use of the trade mark,

in Saorstát Eireann during the period specified in this section as that within which the application may be made.

(4) The application for the grant of a patent, or the registration of a design, or the registration of a trade mark under this section, must be made in the same manner as an ordinary application under this Act:

Provided that—

(a) in the case of patents the application shall be accompanied by a complete specification, which, if it is not accepted within the twelve months from the application for protection in the foreign state or the commencement of Part II . of this Act (as the case may require) shall with the drawings (if any) be open to public inspection at the expiration of that period; and

(b) in the case of trade marks, any trade mark the registration of which has been duly applied for in the country of origin may be registered under this Act.

(5) The provisions of this section shall apply only in the case of those foreign states with respect to which the Governor-General by order made on the advice of the Executive Council declares them to be applicable, and so long only in the case of each state as the order continues in force with respect to that state.

(6) Where it is made to appear to the Governor-General that the legislature of any British dominion, protectorate or territory has made satisfactory provision for the protection of inventions, designs, or trade marks, patented or registered in Saorstát Eireann, it shall be lawful for the Governor-General by order made on the advice of the Executive Council to apply the provisions of this section to that dominion, protectorate or territory with such variations or additions, if any, as may be stated in the order