Industrial and Commercial Property (Protection) (Amendment) Act, 1958

Amendment of section 154 of the Principal Act.

2.—(1) Section 154 of the Principal Act as amended by section 8 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 (No. 13 of 1957), is hereby further amended—

(i) by the substitution for paragraph (a) of subsection (2) of the following paragraph:

“(a) to produce, reproduce, perform or publish any translation of the work;”;

and

(ii) by the deletion of subsection (2A) and subsection (2B).

(2) Where, before the commencement of this Act, the sole right to produce, reproduce, perform or publish any translation of a work into the Irish language ceased to exist by virtue of the operation of subsection (2) of section 154 of the Principal Act, that sole right shall, as from such commencement again subsist as part of the copyright in that work for the remainder of the term for which such copyright subsists under Part VI of the Principal Act as amended by subsequent enactments including this Act.

(3) (a) Subject to paragraph (b) of this subsection, where the sole right to produce, reproduce, perform or publish any translation of a work into the Irish language had, by virtue of the operation of subsection (2) of section 154 of the Principal Act, ceased to exist before the commencement of this Act and the work was, before such commencement, translated into the Irish language, then, whether or not there has been publication of the translation before such commencement, publication thereof after such commencement shall not constitute an infringement of copyright in the work.

(b) Paragraph (a) of this subsection shall not apply where the first publication of the translation occurs after the expiration of three years from the commencement of this Act.

(c) In this subsection “publication” has the same meaning as in Part VI of the Principal Act.