Air Navigation and Transport Act, 1936

Infringement of patents.

61.—(1) Where it is alleged by any person interested that a foreign aircraft making a passage through or over Saorstát Eireann infringes in itself or in any part of it any invention, design or model which is entitled to protection in Saorstát Eireann, it shall be lawful, subject to and in accordance with Rules of Court, to detain such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section called the deposited sum), and thereupon the aircraft shall not, during the continuance or in the course of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, in respect or on account of the alleged infringement.

(2) The deposited sum shall be such a sum as may be agreed between the parties interested, or in default of agreement shall be fixed by the Minister or some person duly authorised on his behalf, and payment thereof shall be made or secured to him in such manner as he shall approve, and the deposited sum shall be dealt with by such tribunal and in accordance with such procedure as may be appointed by Rules of Court, and such rules may provide generally for carrying this section into effect.

(3) In this section—

the word “owner” shall include the actual owner of an aircraft, and any person claiming through or under him;

the word “passage” shall include all reasonable landings and stoppages in the course of a passage.