Industrial and Commercial Property (Protection) Act, 1927


Registration of designs generally.

64.—(1) The controller may (subject to the provisions of this section) on the application made in the prescribed form and manner of any person claiming to be the proprietor of any new or original design not published in the late United Kingdom before the establishment of Saorstát Eireann and not previously published in Saorstát Eireann register such design under this Act.

(2) Where copyright subsists under Parts VI . and VII . of this Act in the artistic work defining a design, such design shall not be registered under this Part of this Act without the consent of the owner of such copyright.

(3) The same design may be registered in more than one class, and, in case of doubt as to the class in which a design ought to be registered, the controller may decide the question.

(4) The controller may, if he thinks fit, refuse to register any design presented to him for registration, but any person aggrieved by any such refusal may (except where an appeal lies under this Act to the law officer) appeal to the court, and the court shall, after hearing the applicant and, if so required the controller make an order determining whether, and subject to what conditions, if any, registration is to be permitted.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.

(6) A design when registered shall be registered as of the date of the application for registration.