(b) on the ground of the design having been previously published in Saorstát Eireann, by reason only that it has been applied to goods of any class in which it was so previously registered:
\nProvided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from the previous registration.
\nCertificate of registration.
\n68.—(1) The controller shall grant a certificate of registration to the proprietor of the design when registered.
\nRegister of designs.
\n69.—(1) There shall be kept at the Office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may be prescribed.
\nCopyright in registered designs.
\n70.—(1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, and subject and without prejudice to the copyright conferred by
\n. of this Act in respect of certain artistic works defining designs, have copyright in the design during five years from the date of registration.
\nRequirements before delivery on sale.
\n71.—(1) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall— (a) (if exact representations or specimens were not furnished on the application for registration), furnish to the controller the prescribed number of exact representations or specimens of the design; and if he fails to do so the controller may erase his name from the register, and thereupon the copyright in the design shall cease; and (b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and if he fails to do so the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.
\nNo publication by confidential disclosure of design.
\n72.—The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person other than the proprietor of the design, and the acceptance of a first and confidential order for goods bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.
\nInspection of registered designs.
\n73.—(1) During the existence of copyright in a design, or such shorter period not being less than two years from the registration of the design as may be prescribed, the design shall not be open to inspection except by the proprietor or a person authorised in writing by him, or a person authorised by the controller or by the court, and furnishing such information as may enable the controller to identify the design, and shall not be open to the inspection of any person except in the presence of the controller, or of an officer acting under him, and on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof:
\nProvided that where registration of a design is refused on the ground of identity with a design already registered, the applicant for registration shall be entitled to inspect the design so registered.
\nInformation as to existence of registration.
\n74.—On the request of any person furnishing such information as may enable the controller to identify the design, and on payment of the prescribed fee, the controller shall inform such person whether the registration still exists in respect of the design, and if so, in respect of what classes of goods, and shall state the date of registration, and the name and address of the registered proprietor.
\nCancellation of registration of design.
\n75.—(1) At any time after the registration of a design any person interested may apply to the controller for the cancellation of the registration of the design, on either of the following grounds:— (a) that the design was prior to the date of registration thereof published either in the late United Kingdom before the establishment of Saorstát Eireann or in Saorstát Eireann; (b) that the design is applied by manufacture to any article in a foreign country, and is not so applied by manufacture in Saorstát Eireann to such an extent as is reasonable in the circumstances of the case:
\nProvided that, if the application be on the last-mentioned ground, and the controller is satisfied that the time which has elapsed from the date of registration has been insufficient for such application by manufacture in Saorstát Eireann, the controller may adjourn the application for such time as he may deem sufficient for that purpose; and that in lieu of cancellation the controller may order the grant of a compulsory licence on such terms as he may consider just.
\nPublication of designs at certain exhibitions.
\n76.—(1) The exhibition at an industrial or international exhibition certified as such by the Minister, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor, of a design, or of any article to which a design is applied, or the publication, during the holding of any such exhibition, of a description of a design, shall not prevent the design from being registered, or invalidate the registration thereof: Provided that— (a) the exhibitor, before exhibiting the design or article, or publishing a description of the design, gives the controller the prescribed notice of his intention to do so; and (b) the application for registration is made before or within six months from the date of the opening of the exhibition.
\nMinisters may acquire designs.
\n77.—(1) It shall be lawful for any Minister to acquire by purchase or otherwise from the proprietor of a design (whether registered in Saorstát Eireann or elsewhere or unregistered) and it shall be lawful for such proprietor to sell or otherwise alienate to such Minister, such design or any right, liberty, or privilege in relation thereto upon such terms as may be agreed upon between the Minister and the proprietor and be sanctioned by the Minister for Finance.
\nProhibition of infringement of copyright in design.
\n78.—(1) During the existence of copyright in any design it shall not be lawful for any person— (a) for the purposes of sale to apply or cause to be applied to any article in any class of goods in which the design is registered the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or (b) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article without the consent of the registered proprietor to publish or expose or cause to be published or exposed for sale that article.
\nProvided that the total sum recoverable as a simple contract debt in respect of any one design shall not exceed one hundred pounds.
\nApplications abandoned or refused.
\n79.—Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations, or specimens left in connection with the application shall not at any time be open to public inspection or be published by the controller.
\nRegister of trade marks.
\n80.—(1) There shall be kept at the Office a book called the register of trade marks, wherein shall be entered all registered trade marks with the names and addresses of their proprietors, notification of assignments and transmissions, disclaimers, conditions, limitations, and such other matters relating to such trade marks as may from time to time be prescribed.
\nTrade mark must be for particular goods.
\n81.—A trade mark must be registered in respect of particular goods or classes of goods.
\nRequisites for registration in Part A.
\n82.—(1) In order to be capable of registration in Part A of the register, a trade mark must contain or consist of at least one of the following essential particulars:— (a) the name of a company, individual, or firm represented in a special or particular manner; (b) the signature of the applicant for registration or some predecessor in his business; (c) an invented word or invented words; (d) a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname; (e) any other distinctive mark, but a name, signature, or word or words, other than such as fall within the descriptions in the above paragraphs (a), (b), (c) and (d), shall not be registrable under the provisions of this paragraph, except upon evidence of its distinctiveness.
\nColour of trade marks.
\n83.—A trade mark may be limited in whole or in part to one or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by any tribunal having to decide on the distinctive character of such trade mark. If and so far as a trade mark is registered without limitation of colour it shall be deemed to be registered for all colours.
\nDeceptive or misleading trade marks.
\n84.—It shall not be lawful to register as a trade mark or part of a trade mark any matter, the use of which would by reason of its being calculated to deceive or otherwise be disentitled to protection in a court of justice.
\nApplication for registration in Part A.
\n85.—(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same in Part A of the register must apply in writing to the controller in the prescribed manner.
\nApplication for registration in Part B.
\n86.—(1) Where any mark has for not less than two years been bonâ fide used in Saorstát Eireann upon or in connection with any goods (whether for sale in Saorstát Eireann or exportation abroad), for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, the person claiming to be the proprietor of the mark may apply in writing to the controller in the prescribed manner to have the mark entered as his registered trade mark in Part B of the register in respect of such goods.
\nTranslation of application from Part A to Part B.
\n87.—If any person applies for the registration of a trade mark in Part A of the register, the controller may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B of the register, and deal with the application accordingly.
\nRegistration of trade marks in certain cases.
\n88.—(1) Any person or the legal representative or assignee of any person who applied after the 6th day of December, 1921, and before the commencement of this Part of this Act to the Minister for Economic Affairs of the late Provisional Government of Ireland or to the Minister for Industry and Commerce of Saorstát Eireann for the registration of a trade mark shall be entitled to apply under this Act within one year after the commencement of this Part of this Act for the registration of the same trade mark and shall be entitled to have such application under this Act dated and treated as having been made as of the date of the first-mentioned application for all purposes including the date as of which the trade mark is to be registered.
\nRegistration of trade marks registered in Patent Office in London.
\n89.—(1) The person who is for the time being registered in the Patent Office in London as the proprietor of a trade mark which is registered in that office at the commencement of this Part of this Act (including a mark registered under section 62 of the Trade Marks Act, 1905) shall, on payment of the prescribed fee and furnishing to the controller for registration certified copies of such trade mark and of the entries in the British register relating thereto, be entitled at any time within six months after the commencement of this Part of this Act to have such trade mark registered under this Act in the register of trade marks in the Office in the like part of the register and in respect of the like goods or classes of goods and subject to the same notifications and other matters as such trade mark is registered in and subject to in the Patent Office in London at the date of the application for registration under this Act and also subject to any further limitations imposed by this Act and applicable to such trade mark.
\nAdvertisement of application.
\n90.—(1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions and limitations, the controller shall, as soon as may be after such acceptance, cause the application as accepted to be advertised in the prescribed manner, and every such advertisement shall set forth all conditions and limitations subject to which the application has been accepted.
\nOpposition to registration.
\n91.—(1) Any person may, within the prescribed time from the date of the advertisement of an application for registration of a trade mark, give notice to the controller of opposition to such registration.
\nDisclaimer of non-distinctive elements.
\n92.—If a trade mark in respect of which an application is made to enter or which has been entered in Part A of the register contains parts not separately registered by the proprietor as trade marks, or if it contains matter common to the trade or otherwise of a non-distinctive character, the controller or the Minister or the court, in deciding whether such trade mark shall be entered or shall remain upon that Part of the register, may require, as a condition of its being upon that Part of the register, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trade mark, or of all or any portion of such matter, to the exclusive use of which they hold him not to be entitled, or that he shall make such other disclaimer as they may consider needful for the purpose of defining his rights under such registration: Provided always that no disclaimer upon the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.
\nDate of registration.
\n93.—When an application for registration of a trade mark has been accepted and has not been opposed, and the time for notice of opposition has expired, or having been opposed the opposition has been decided in favour of the applicant, the controller shall, unless the mark has been accepted in error or the Minister otherwise directs, register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purpose of this Act to be the date of registration.
\nCertificate of registration.
\n94.—On the registration of a trade mark the controller shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and sealed with the seal of the controller.
\nDelay in completion of registration.
\n95.—Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the controller may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.
\nIdentical trade marks.
\n96.—Except by order of the court or in the case of trade marks in use before the thirteenth day of August one thousand eight hundred and seventy-five, no trade mark shall be registered in respect of any goods or description of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.
\nRival claims to identical marks.
\n97.—Where each of several persons claims to be proprietor of the same trade mark, or of nearly identical trade marks in respect of the same goods or description of goods, and to be registered as such proprietor, the controller may refuse to register any of them until their rights have been determined by the court, or have been settled by agreement in a manner approved by him or (on appeal) by the Minister.
\nConcurrent user.
\n98.—In case of honest concurrent user or of other special circumstances which, in the opinion of the court or the controller make it proper so to do, the court or the controller may permit the registration of the same trade mark, or of nearly identical trade marks, for the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as to mode or place of user or otherwise as the court or the controller, as the case may be, may think it right to impose.
\nAssignment and transmission of trade marks.
\n99.—(1) Save as otherwise provided by this Act, a trade mark when registered shall be assigned and transmitted only in connexion with the goodwill of the business concerned in the goods for which it has been registered and shall be determinable with that goodwill.
\nApportionment of trade marks on dissolution of partnership.
\n100.—(1) In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a person ceases to carry on business, and the goodwill of such person does not pass to one successor but is divided, the controller may (subject to the provisions of this Act as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, and to such limitations, if any, as to mode or place of user as he may think necessary in the public interest.
\nAssociated trade marks.
\n101.—If application be made for the registration in Part A of the register of a trade mark identical with or so closely resembling a trade mark of the applicant already on that Part of the register for the same goods or description of goods as to be calculated to deceive or cause confusion if used by a person other than the applicant, the tribunal hearing the application may require as a condition of registration that such trade marks shall be entered on the register as associated trade marks.
\nCombined trade marks.
\n102.—If the proprietor of a trade mark registered in Part A of the register claims to be entitled to the exclusive use of any portion of such trade mark separately he may apply to register the same in the said Part A as separate trade marks. Each such separate trade mark must satisfy all the conditions and shall have all the incidents of an independent trade mark, except that when registered it and the trade mark of which it forms a part shall be deemed to be associated trade marks and shall be entered on the register as such, but the user of the whole trade mark shall for the purposes of this Act be deemed to be also a user of such registered trade marks belonging to the same proprietor as it contains.
\nSeries of trade marks.
\n103.—(1) When a person claiming to be the proprietor of several trade marks for the same description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of— (a) statements of the goods for which they are respectively used or proposed to be used; or (b) statements of number, price, quality, or names of places; or (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour; seeks to register such trade marks, they may be registered as a series in one registration.
\nAssignment and user of associated trade marks.
\n104.—Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks: Provided that where under the provisions of this Act user of a registered trade mark is required to be proved for any purpose, the tribunal may if and so far as it shall think right accept user of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for such user.
\nDuration of registration.
\n105.—The registration of a trade mark shall be for a period of fourteen years, but may be renewed from time to time in accordance with the provisions of this Act.
\nRenewal of registration.
\n106.—The controller shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is in this Act termed “the expiration of the last registration.”
\nProcedure on expiry of period of registration.
\n107.—At the prescribed time before the expiration of the last registration of a trade mark, the controller shall send notice in the prescribed manner to the registered proprietor at his registered address of the date at which the existing registration will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf such conditions have not been duly complied with, the controller may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed.
\nStatus of unrenewed trade mark.
\n108.—Where a trade mark registered in Part A of the register has been removed from the register for non-payment of the fee for renewal, such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the controller that there had been no bonâ fide trade user of such trade mark during the two years immediately preceding such removal.
\nRemoval from register of word trade marks used as name of articles.
\n109.—(1) Where in the case of an article or substance manufactured under any patent in force at or granted after the commencement of this Part of this Act, a word trade mark registered under this Act is the name or only practicable name of the article or substance so manufactured, all rights to the exclusive use of such trade mark, whether under the common law or by registration, shall cease upon the expiration or determination of the patent, and thereafter such word shall not be deemed a distinctive mark, and may be removed by the court from the register on the application of any person aggrieved.
\nProvided that the provisions of this sub-section shall not apply where the mark is used to denote only the proprietor's brand or make of such substance, as distinguished from the substance as made by others, and in association with a suitable and practicable name open to the public use.
\nAlteration of registered trade mark.
\n110.—The registered proprietor of any trade mark may apply in the prescribed manner to the controller for leave to add to or alter such trade mark in any manner not substantially affecting the identity of the same, and the controller may refuse such leave or may grant the same on such terms and subject to such limitations as to mode or place of user as he may think fit, but any such refusal or conditional permission shall be subject to appeal to the Minister. If leave be granted, the trade mark as altered shall be advertised in the prescribed manner.
\nNon-user of trade mark.
\n111.—(1) A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bonâ fide intention to use the same in connexion with such goods, and there has in fact been no bonâ fide user of the same in connexion therewith, or on the ground that there has been no bonâ fide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods.
\nPowers of registered proprietor.
\n112.—Subject to the provisions of this Act— (a) the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any consideration for such assignment; (b) any equities in respect of a trade mark may be enforced in like manner as in respect of any other personal property.
\nRights of registered proprietor.
\n113.—(1) Subject to the provisions of this Act relating to the registration of identical or nearly identical trade marks and to any limitations and conditions entered upon the register, the registration of a person in Part A of the register as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered.
\nEffect of registration in Part B.
\n114.—The registration of a person as the proprietor of a trade mark in Part B of the register shall be primâ facie evidence that that person has the exclusive right to the use of that trade mark, but, in any action for infringement of a trade mark entered in Part B of the register, no injunction or other relief shall be granted to the owner of the trade mark in respect of such registration, if the defendant establishes to the satisfaction of the court that the user of which the plaintiff complains is not calculated to deceive or to lead to the belief that the goods the subject of such user were goods manufactured, selected, certified, dealt with, or offered for sale by the proprietor of the trade mark.
\nRegistration to be primâ facie evidence of validity.
\n115.—In all legal proceedings relating to a registered trade mark (including applications for rectification of the register) the fact that a person is registered as proprietor of such trade mark shall be primâ facie evidence of the validity of the original registration of such trade mark and of all subsequent assignments and transmissions of the same.
\nRegistration to be conclusive after seven years.
\n116.—(1) In all legal proceedings relating to a trade mark registered in Part A of the register (including applications for the rectification of the register) the original registration of such trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such original registration was obtained by fraud, or unless the trade mark is a trade mark the registration of which is prohibited by section 84 (which relates to deceptive or misleading trade marks) or section 138 (which relates to inventions, etc., contrary to law or morality) of this Act.
\nUnregistered trade mark.
\n117.—(1) No person shall be entitled to institute any proceeding to prevent or to recover damages for the infringement of an unregistered trade mark unless such trade mark was in use before the thirteenth day of August one thousand eight hundred and seventy-five, and either has been refused registration under this Act, or has been, before the commencement of this Part of this Act, refused registration in the Patent Office in London.
\nAdmission of evidence of trade usages.
\n118.—In any action or proceeding relating to a trade mark or trade name the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons.
\nNo interference with use of own name, etc.
\n119.—No registration under this Act shall interfere with any bonâ fide use by a person of his own name or place of business or that of any of his predecessors in business, or the use by any person of any bonâ fide description of the character or quality of his goods.
\nRemedies for “passing off” not affected.
\n120.—Nothing in this Act contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
\nRegistration of marks by Ministers.
\n121.—(1) Any Minister may procure the registration in Part A of the register of a mark intended to indicate the origin, material, mode of manufacture, quality, accuracy, or other characteristic of goods to which it is applied and every such mark when so registered shall be deemed to be in all respects, save as is otherwise provided by this section, a registered trade mark and the Minister by whom its registration was procured shall be and be registered as the proprietor thereof.
\nMisuse of trade marks indicative of Irish origin.
\n122.—It shall be lawful for the Minister to take in any country or place outside Saorstát Eireann such lawful steps, whether by way of action or prosecution at law or otherwise, as he shall think proper to prevent, restrain, or punish the registration, use, or application in relation to or in respect of goods not grown, produced, or manufactured in Ireland of any trade mark or other mark or description indicating or suggesting or likely to lead to the belief that the goods in respect of which or to which such trade mark, mark, or description is used or applied were grown, manufactured, or produced in Ireland.
\nTrade marks used solely as certificates of quality, etc.
\n123.—(1) Where any association or person undertakes to certify the origin, material, mode of manufacture, quality, accuracy, or other characteristic of any goods, by mark used upon or in connexion with such goods, the Minister if and so long as he is satisfied that such association or person is competent to certify as aforesaid, may if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade mark in respect of such goods, whether or not such association or person be a trade association or trader or possessed of a goodwill in connexion with such certifying. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such association or person shall be deemed to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Minister.
\nGENERAL PROVISIONS RELATING TO PATENTS, DESIGNS AND TRADE MARKS.
\nTrusts not to be entered in registers.
\n124.—There shall not be entered in any register kept under this Act, or be receivable by the controller, any notice of any trust expressed, implied, or constructive.
\nInspection of and extracts from registers.
\n125.—Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act and to such regulations as may be prescribed, and certified copies, sealed with the seal of the controller, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.
\nReports of officers to be privileged.
\n126.—Reports of examiners and other officers made under this Act shall not in any case be published or be open to public inspection, and shall not be liable to production or inspection, and shall not be liable to production or inspection in any legal proceeding, unless the court or officer having power to order discovery in such legal proceeding certifies that such production or inspection is desirable in the interests of justice, and ought to be allowed:
\nProvided that, on application being made by any person in the prescribed form, the controller may disclose the result of a search made under section 19 (which relates to documents to accompany specifications) or section 20 (which relates to investigation of specifications published previous to application) or section 21 (which relates to investigation of specifications published subsequent to application) of this Act on any particular application for the grant of a patent.
\nRegistration of assignments, etc.
\n127.—(1) Where a person becomes entitled by assignment, transmission, or other operation of law to a patent or to the copyright in a registered design or to a registered trade mark, he shall make application to the controller to register his title, and the controller shall on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such patent, design, or trade mark, and shall cause an entry to be made in the prescribed manner on the appropriate register of the assignment, transmission, or other instrument affecting the title.
\nPower of controller to amend register.
\n128.—The controller may on request made in the prescribed manner by the registered proprietor of a patent, design, or trade mark or by some person entitled by law to act in his name— (a) correct any clerical error in or in connection with an application for a patent or in any patent or in any specification or in any register kept pursuant to any of the foregoing Parts of this Act; (b) enter any change in the name or address of any person who is entered on a register kept pursuant to any of the foregoing Parts of this Act; (c) cancel the registration of a design or trade mark either wholly or in respect of any goods or class of goods in or for which such design or trade mark is registered; (d) enter a disclaimer or memorandum relating to a design or trade mark which does not in any way extend the rights given by the existing registration of such design or trade mark.
\nPower of court to amend register.
\n129.—(1) Subject to the provisions of this Act the court may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from any register kept pursuant to any of the foregoing Parts of this Act of any entry or by any entry made in any such register without sufficient cause, or by any entry wrongly remaining on any such register, or by an error or defect in any entry in any such register, make such order for making, expunging, or varying such entry as it may think fit.
\nRights of State in respect of patented inventions and registered designs.
\n130.—(1) A patent and the registration of a design shall respectively have to all intents the like effect as against the State as they have against a citizen:
\nProvided that any Minister head of a Department of State may, by himself or by such of his agents, contractors, or others as may be authorised in writing by him at any time after the application, make, use, or exercise the invention, or use, or apply the design for the services of the State on such terms as may, either before or after the use thereof, be agreed on with the approval of the Minister for Finance between such Minister and the proprietor, or, in default of agreement, as may be settled in the manner hereinafter provided, and the terms of any agreement or licence concluded between the proprietor and any person other than a Minister shall be inoperative so far as concerns the making, use, or exercise of the invention or the use or application of the design for the service of the State:
\nProvided further that, where an invention which is the subject of any patent, or any registered design has, before the date of the patent or of the registration, been duly recorded in a document by, or been tried by or on behalf of any such Minister (such invention or design not having been communicated directly or indirectly by the applicant or the proprietor) any Minister or such of his agents, contractors, or others as may be authorised in writing by him, may make, use, and exercise the invention, or use or apply the design so recorded or tried for the service of the State free of any royalty or other payment to the proprietor, notwithstanding the existence of the patent or registration, and if in the opinion of such Minister the disclosure to the applicant or the proprietor, as the case may be, of the document recording the invention or design or the evidence of the trial thereof would be detrimental to the public interest, such disclosure may be made confidentially to counsel on behalf of the applicant or proprietor or to any independent expert mutually agreed upon.
\nRemedy in case of groundless threats of legal proceedings.
\n131.—(1) Where any person claiming to have an interest in a patent, registered design, or registered trade mark, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, or of the copyright in the design or of the trade mark, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of the patent, copyright, or trade mark.
\nCertificate of validity questioned and costs thereon.
\n132.—(1) In an action for infringement of a patent the Court may certify that the validity of any claim in the specification of the patent came in question, and if the Court so certifies then in any subsequent action for infringement of such claim the plaintiff in such subsequent action, on obtaining a final order or judgment in his favour, shall, unless the Court trying such subsequent action otherwise directs, have his full costs and expenses as between solicitor and client so far as that claim is concerned.
\nProcedure on appeals to law officer.
\n133.—The law officer may examine witnesses on oath and administer oaths for that purpose, and may make rules regulating references and appeals to the law officer and the practice and procedure before him under this Act; and in any proceeding before the law officer under this Act, the law officer may order costs to be paid by either party, and any such order may be made a rule of the court.
\nExercise of discretionary power by controller.
\n134.—Where any discretionary power is by or under this Act given to the controller, he shall not exercise that power adversely to the applicant for a patent, or for amendment of a specification, or for registration of a design or trade mark or the registered proprietor of a patent, design, or trade mark with out (if so required within the prescribed time by the applicant or registered proprietor) giving the applicant or registered proprietor an opportunity of being heard.
\nCosts and security for costs.
\n135.—(1) The controller and the Minister shall, in any proceedings before either of them under this Act, respectively, have power by order to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may be made a rule of the court.
\nController may consult law officer.
\n136.—The controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the law officer for directions in the matter.
\nRecognition of agents.
\n137.—(1) Whenever under this Act any act has to be done by or to any person in connexion with a patent, design, or trade mark or any procedure relating to a patent or the obtaining thereof or to a design or trade mark or the registration thereof, such act may under and in accordance with rules made under this Act or in particular cases by special leave of the Minister be done by or to an agent of such person duly authorised in the prescribed manner.
\nInventions, etc., contrary to law or morality.
\n138.—(1) The controller may refuse to grant a patent for an invention, or to register a design or trade mark of which the use would, in his opinion, be contrary to law or morality.
\nController to make annual reports.
\n139.—The controller shall, before the first day of September in every year, cause a report respecting the execution by or under him of this Act during the year ending on the previous 31st day of March to be laid before both Houses of the Oireachtas, and therein shall include for the year to which the report relates all general rules made in that year under or for the purposes of this Act and an account of all fees, salaries, and allowances, and other money received and paid under this Act.
\nMinister may refer appeals to court.
\n140.—Whenever an appeal is made to the Minister under this Act, the Minister may if he thinks fit refer such appeal to the court in lieu of hearing and deciding it himself, but, unless the Minister so refers the appeal, it shall be heard and decided by the Minister and the decision of the Minister shall be final Minister may delegate his duties under this Act.
\n141.—All things required or authorised under this Act to be done by, to, or before the Minister may be done by, to, or before a secretary or an assistant secretary of the Minister or any person authorised in that behalf by the Minister.
\nEvidence before controller.
\n142.—(1) Subject to general rules made under this Act, in any proceeding under this Act before the controller or the Minister the evidence shall be given by statutory declaration in the absence of directions to the contrary; but in any case in which the controller thinks it right so to do, he may take evidence vivâ voce in lieu of or in addition to evidence by declaration or allow any declarant to be cross-examined on his declaration. Any such statutory declaration may in the case of appeal be used before the court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
\nAppearance of controller in proceedings for rectification.
\n143.—In any legal proceeding in which the relief sought includes alteration or rectification of a register kept pursuant to this Act, the controller shall have the right to appear and be heard, and shall appear if so directed by the court. Unless otherwise directed by the court, the controller in lieu of appearing and being heard may submit to the court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such controller, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
\nCosts of controller in court proceedings.
\n144.—In all proceedings before the court under this Act the costs of the controller shall be in the discretion of the court, but the controller shall not be ordered to pay the costs of any other party.
\nCertificate of controller to be evidence.
\n145.—A certificate purporting to be under the hand of the controller as to any entry, matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do, shall be primâ facie evidence of the entry having been made, and of the contents thereof, or of the matter or thing having been done or left undone.
\nSealed copies of documents in office to be evidence.
\n146.—Printed or written copies or extracts, purporting to be certified by the controller or an officer of the controller and sealed with the seal of the controller, of or from patents, specifications, designs, trade marks, and other documents in the Office, and of or from registers and other books kept there, shall be admitted in evidence in all courts and in all legal proceedings without further proof or production of the originals.
\nNotices may be sent by post.
\n147.—Any application, notice, or other document authorised or required to be left, made, or given at the Office or to the controller, or to any other person under this Act, may be sent by post.
\nExcluded days.
\n148.—Where the last day fixed by this Act for doing anything under this Act falls on any day specified in general rules made under this Act as an excluded day, the rules may provide for the thing being done on the next subsequent day which is not an excluded day.
\nDeclarations by infants, lunatics, etc.
\n149.—(1) If any person is, by reason of infancy, lunacy, or other disability, incapable of making any declaration or doing anything required or permitted by or under this Act, the guardian or committee (if any) of the person subject to the disability, or, if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.
\nOffences.
\n150.—(1) If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanour.
\nUnauthorised user of State badges.
\n151.—Any person who without lawful authority uses in connection with any business, trade, calling, or profession any badge, device, emblem, or flag reserved by law for the use of or commonly used by the State or any officer of the State or any Government Department (or any badge, device, emblem, or flag so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorised to use such badge, device, emblem, or flag, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, in the case of a continuing offence, a further fine not exceeding five pounds for every day on which the offence continues.
\nInternational arrangements.
\n152.—(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
\n. 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
\n. 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
\n. of this Act, within four months after the date of such commencement.
\nProvided 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
\n. 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.
\n153.—(1) The Minister may make such general rules and do such things as he thinks expedient, subject to the provisions of this Act— (a) for regulating the practice of registration under this Act; (b) for classifying goods for the purposes of designs and for the purposes of trade marks; (c) for making or requiring duplicates of specifications designs, trade marks, drawings, and other documents; (d) for securing and regulating the publishing and selling of copies, at such prices and in such manner as he thinks fit, of specifications, designs, trade marks, drawings, and other documents; (e) for regulating (with the approval of the Minister for Finance) the publication, issue, and sale of the Journal and all supplements thereto, reports, and other documents which the controller is by this Act required or authorised to publish or issue, and for regulating the matters to be published in the Journal and such supplements, reports, and other documents respectively; (f) for securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications, designs, trade marks, and other documents in the Office, and providing for the inspection of such indexes and abridgments and other documents; (g) for regulating (with the approval of the Minister for Finance) the presentation of copies of publications made under this Act to patentees and to public authorities, bodies, and institutions at home and abroad; (h) for regulating the keeping of the several registers to be kept pursuant to this Act; (i) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed; (j) for doing anything which is by this Act authorised or required to be done, or is in this Act referred to as being or to be done, by general rules made under this Act; (k) generally for regulating the business of the Office, and all things by this Act placed under the direction or control of the controller, or of the Minister.
\nCopyright.
\n154.—(1) Subject to the provisions of this Act, copyright shall subsist in Saorstát Eireann for the term hereinafter mentioned in every original literary, dramatic, musical, and artistic work, if— (a) in the case of a published work, the work was first published within Saorstát Eireann; and (b) in the case of an unpublished work, the author was at the date of the making of the work a citizen of Saorstát Eireann or resident within Saorstát Eireann; but in no other works, except so far as the protection conferred by this Act is extended by Orders thereunder relating to British dominions and to foreign countries:
\nProvided that the Governor-General may by Order made on the advice of the Executive Council direct that copyright subsisting in Saorstát Eireann under the provisions of this sub-section, in works the authors of which were at the date of the making of the work citizens of a country named in the Order with which no convention relating to copyright and binding on Saorstát Eireann exists and in respect of which no Order has been made under the provisions of section 175 (which relates to power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country) of this Act, shall be subject to such conditions or formalities (if any) as may be prescribed by the Order and to such modifications as regards the ownership of the copyright or otherwise as may appear necessary owing to the law of that country.
\nInfringement of copyright.
\n155.—(1) Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Part of this Act conferred on the owner of the copyright: Provided that the following acts shall not constitute an infringement of copyright:— (i) any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary; (ii) where the author of an artistic work is not the owner of the copyright therein, the use by the author of any mould, cast, sketch, plan, model, or study made by him for the purpose of the work, provided that he does not thereby repeat or imitate the main design of that work; (iii) the making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art; (iv) the publication in a collection of prose or poetry or of both, bonâ fide intended for the use of schools and so described in the title and in any advertisements issued by the publisher, of passages not exceeding in each case one hundred lines from published literary works not themselves originally published for the use of schools in which copyright subsists: Provided that such passages shall not include passages taken from copyright works within five years from date of first publication and that not more than two of such passages from works by the same author are published by the same publisher in any one book, and that the sources from which such passages are taken are acknowledged; (v) the publication in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except whilst the building is being used for public worship, in a position near the lecturer; but nothing in this paragraph shall affect the provisions in paragraph (i) as to newspaper summaries; (vi) save in the case of a work which was first published after the commencement of this Part of this Act, the reading or recitation in public by one person of any reasonable extract from any published work; (vii) in the case of a work which was first published after the commencement of this Part of this Act, the reading or recitation in public as part of a lecture, address, sermon, or speech of any reasonable extract from the work.
\nTerm of copyright.
\n156.—The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author and a period of fifty years after his death:
\nProvided that at any time after the expiration of twenty five years or, in the case of a work in which copyright subsisted on the 16th day of December, 1911, thirty years from the death of the author of a published work, copyright in the work shall not be deemed to be infringed by the reproduction of the work for sale if the person reproducing the work proves that he has given the appointed notice in writing of his intention to reproduce the work, and that he has paid in the appointed manner to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of ten per cent. on the price at which he publishes the work; and, for the purposes of this proviso, the Minister may make regulations appointing the mode in which notices are to be given, and the particulars to be given in such notices, and the mode, time, and frequency of the payment of royalties, including (if he thinks fit) regulations requiring payment in advance or otherwise securing the payment of royalties.
\nCompulsory licences.
\n157.—If at any time after the death of the author of a literary, dramatic, or musical work which has been published or performed in public a complaint is made to the Minister that the owner of the copyright in the work has refused to republish or to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withheld from the public, the owner of the copyright may be ordered to grant a licence to reproduce the work or perform the work in public, as the case may be, on such terms and subject to such conditions as the Minister may think fit.
\nOwnership of copyright, etc.
\n158.—(1) Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:
\nProvided that— (a) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and (b) where the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.
\nProvided that, where the author of a work is the first owner of the copyright therein, no assignment of the copyright, and no grant of any interest therein, made by him (otherwise than by will) after the passing of this Act, shall be operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of the period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal personal representatives as part of his estate, and any agreement entered in to by him as to the disposition of such reversionary interest shall be null and void, but nothing in this proviso shall be construed as applying to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.
\nCivil remedies for infringement of copyright.
\n159.—(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts, and otherwise, as are or may be conferred by law for the infringement of a right.
\nRights in respect of infringing copies, etc.
\n160.—All infringing copies of any work in which copyright subsists, or of any substantial part thereof, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of the possession thereof or in respect of the conversion thereof.
\nExemption of innocent infringer from certain liabilities.
\n161.—Where proceedings are taken in respect of the infringement of the copyright in any work and the defendant in his defence alleges that he was not aware of the existence of the copyright in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for suspecting that copyright subsisted in the work.
\nRestriction on remedies in the case of architecture.
\n162.—(1) Where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.
\nLimitation of actions.
\n163.—An action in respect of infringement of copyright shall not be commenced after the expiration of three years next after the infringement.
\nPenalties for dealing with infringing copies.
\n164.—(1) If any person knowingly— (a) makes for sale or hire any infringing copy of a work in which copyright subsists; or (b) sells or lets for hire, or by way of trade exposes or offers for sale or hire any infringing copy of any such work; or (c) distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or (d) by way of trade exhibits in public any infringing copy of any such work; or (e) imports for sale or hire into Saorstát Eireann any infringing copy of any such work; he shall be guilty of an offence under this Act and be liable on summary conviction thereof to a fine not exceeding forty shillings for every copy dealt with in contravention of this section, but not exceeding fifty pounds in respect of the same transaction; or, in the case of a second or subsequent offence, either to such fine or at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding two months.
\n. of this Act.
\nImportation of copies.
\n165.—(1) Copies made out of Saorstát Eireann of any work in which copyright subsists which if made in Saorstát Eireann would infringe copyright, and as to which the owner of the copyright gives notice in writing by himself or his agent to the Revenue Commissioners, that he is desirous that such copies should not be imported into Saorstát Eireann, shall not be so imported, and shall, subject to the provisions of this section, be deemed to be included in the table of prohibitions and restrictions contained in section forty-two of the Customs Consolidation Act, 1876, and that section shall apply accordingly.
\nWorks of joint authors.
\n166.—(1) In the case of a work of joint authorship, copyright shall subsist during the life of the author who first dies and for a term of fifty years after his death, or during the life of the author who dies last, whichever period is the longer, and references in this Act to the period after the expiration of any specified number of years from the death of the author shall be construed as references to the period after the expiration of the like number of years from the death of the author who dies first or after the death of the author who dies last, whichever period may be the shorter, and in the provisions of this Act with respect to the grant of compulsory licences a reference to the date of the death of the author who dies last shall be substituted for the reference to the date of the death of the author.
\nProvided that the term of the copyright shall be the same as it would have been if all the authors had satisfied such conditions as aforesaid.
\nPosthumous works.
\n167.—(1) In the case of a literary, dramatic, or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published, nor, in the case of a dramatic or musical work, been performed in public, nor, in the case of a lecture, been delivered in public, before that date, copyright shall subsist till publication, or performance or delivery in public, whichever may first happen, and for a term of fifty years thereafter, and the proviso to section 156 which relates to term of copyright) of this Act shall, in the case of such a work, apply as if the author had died at the date of such publication or performance or delivery in public as aforesaid.
\nCopyright in Government publications.
\n168.—(1) The copyright in every work prepared or published by or under the direction or control of the late Provisional Government of Ireland or any Minister or Department thereof shall, subject to any agreement with the author, belong to the Government of Saorstát Eireann, and shall continue for a period of fifty years from the date of the first publication of the work.
\nCopyright in mechanical musical instruments.
\n169.—(1) Copyright shall subsist in records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced, in like manner as if such contrivances were musical works, but the term of copyright shall be fifty years from the making of the original plate from which the contrivance was directly or indirectly derived, and the person who was the owner of such original plate at the time when such plate was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside within Saorstát Eireann if it has established a place of business within Saorstát Eireann.
\nProvided that— (i) nothing in this provision shall authorise any alterations in, or omissions from, the work reproduced, unless contrivances reproducing the work subject to similar alterations and omissions have been previously made by, or with the consent or acquiescence of, the owner of the copyright, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the contrivances in question; and (ii) for the purposes of this provision, a musical work shall be deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a contrivance by means of which sounds may be mechanically reproduced.
\nProvided that, if, at any time after the expiration of seven years from the commencement of this Part of this Act, it appears to the Minister that such rate as aforesaid is no longer equitable, the Minister may, after holding a public inquiry, make an order either decreasing or increasing that rate to such an extent as in the circumstances may seem just, but any order so made shall be provisional only and shall not have any effect unless and until confirmed by a resolution passed by each House of the Oireachtas; but, where an order revising the rate has been so made and confirmed, no further revision shall be made before the expiration of fourteen years from the date of the last revision.
\nProvided that— (i) the person who, at the commencement of this Part of this Act, is the owner of such original plate shall be the first owner of such copyright; and (ii) nothing in this provision shall be construed as conferring copyright in any such contrivance if the making thereof would have infringed copyright in some other such contrivance, if this provision had been in force at the time of the making of the first-mentioned contrivance.
\nReports of political speeches.
\n170.—Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a political nature delivered at a public meeting to publish a report thereof in a newspaper.
\nCopyright in photographs.
\n171.—The term for which copyright shall subsist in photographs shall be fifty years from the making of the original negative from which the photograph was directly or indirectly derived, and the person who was owner of such negative at the time when such negative was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside within Saorstát Eireann if it has established a place of business within Saorstát Eireann.
\nApplication of this Part of this Act to registered designs.
\n172.—(1) This Part of this Act shall apply to designs which though capable of being registered under
\n. of this Act are not used or intended to be used as models or patterns to be multiplied by any industrial process, and the general rules made by the Minister under
\n. of this Act may determine the conditions under which a design shall be deemed to be used for such purposes as aforesaid.
\n. of this Act, this Part of this Act shall not apply to designs capable of being registered under
\n. of this Act.
\nWorks of foreign authors.