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16 1927

INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927

PART I.

ESTABLISHMENT OF INDUSTRIAL AND COMMERCIAL PROPERTY REGISTRATION OFFICE.

Establishment of Industrial and Commercial Property Registration Office.

5. —(1) There shall be established an Industrial and Commercial Property Registration Office for the purposes of this Act and such other purposes as may hereafter be assigned to it by the Oireachtas.

(2) The Office shall be divided into two branches, namely—

(a) a Patents Branch, in which shall be transacted and done all such business, matters, and things as are by this Act or otherwise by law directed to be transacted or done in the Office in relation to patents;

(b) a Designs and Trade Marks Branch, in which shall be transacted and done all such business, matters, and things as are by this Act or otherwise by law directed to be transacted or done in the Office in relation to designs or in relation to trade marks;

(3) The Office shall be under the immediate control of the Controller of Industrial and Commercial Property who shall act under the general superintendence and direction of the Minister.

Appointment of Controller of Industrial and Commercial Property.

6. —(1) The Executive Council shall as soon as may be after the passing of this Act and thereafter as occasion arises appoint a fit person to the office of Controller of Industrial and Commercial Property, who shall hold office for such time and on such terms as the Executive Council shall appoint.

(2) Every person appointed to be controller under this Act shall receive such remuneration as the Minister for Finance shall determine.

(3) Subject to his being in good health at the time of appointment and notwithstanding that he is appointed without a certificate from the Civil Service Commissioners, the controller shall, if appointed permanently, be deemed to be employed in the permanent Civil Service of Saorstát Eireann and there may be granted to him on retirement or to his legal personal representative on death such superannuation or other allowance or gratuity as might under the Superannuation Acts for the time being in force have been granted had he been in the permanent Civil Service of Saorstát Eireann.

(4) Whenever the controller is temporarily unable to attend to his duties, or his office is vacant, the Minister may appoint a fit person to perform the duties of the controller under this Act during such inability or vacancy, and every person so appointed shall during his appointment have all the powers of the controller under this Act, and shall receive such remuneration, out of moneys to be provided by the Oireachtas, as the Minister shall, with the sanction of the Minister for Finance, direct.

Controller to be a corporation and have official seal.

7. —(1) The Controller of Industrial and Commercial Property shall be a corporation sole under that name with perpetual succession and an official seal, and may sue and be sued by the name aforesaid.

(2) Impressions of the official seal of the Controller of Industrial and Commercial Property shall be judicially noticed and admitted in evidence.

Appointment of officers of controller.

8. —(1) The Minister shall appoint such persons to be officers of the controller, as, subject to the sanction of the Minister for Finance as to number, he may consider necessary for the purposes of this Act, and those officers shall hold office upon such terms and be remunerated at such rates and in such manner as the Minister for Finance may sanction.

(2) The salaries or remuneration of the controller and his officers, and such other expenses of carrying this Act into effect as may be sanctioned by the Minister for Finance shall be paid out of moneys provided by the Oireachtas.

Fees to be charged by controller.

9. —(1) There shall be charged by the controller and paid in respect of the grant of patents and the registration of designs, trade marks and artistic works, and applications therefor, and in respect of other matters in relation to patents, designs, trade marks and artistic works under this Act, such fees as may from time to time be prescribed by the Minister with the sanction of the Minister for Finance, so however that the fees prescribed in respect of the instruments and matters mentioned in the Second Schedule to this Act shall not exceed the fees respectively specified in that Schedule.

(2) All fees charged by the controller under this section shall be collected and accounted for in such manner as shall be prescribed by the Minister, with the sanction of the Minister for Finance.

Controller to publish Official Journal and other documents.

10. —(1) The controller shall issue periodically an illustrated journal of patented inventions, registered designs, and registered trade marks to be called the Official Journal of Industrial and Commercial Property, and shall publish therein all such matters as are directed by this Act or otherwise by law to be published therein and such other matters and information as may appear to be useful or important to proprietors of patents, designs, trade marks, or copyright granted, registered, or subsisting in Saorstát Eireann.

(2) The controller may issue periodically either in or as a supplement to the Journal or as a separate publication reports of—

(a) cases relating to patents, designs, trade marks or copyright decided by courts of law in Saorstát Eireann, and

(b) such cases relating to patents, designs, trade marks, or copyright decided by courts of law outside Saorstát Eireann as the controller may consider to be useful or important to proprietors of patents, designs, trade marks, or copyright granted, registered, or subsisting in Saorstát Eireann.

(3) The controller may prepare and publish indexes, abridgments of specifications, catalogues and other works relating to inventions, patents, designs, and trade marks.

(4) The controller shall make provision for keeping on sale copies of all documents which he is by this section directed or authorised to issue or publish, and also of all complete specifications (together with any accompanying drawings) of patents in force other than British Patents which by virtue of this Act are deemed to be patents granted under this Act.