ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/IRL/D/l 
16 août 1996 
(96-3295) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DEL' ACCORD 
Irlande 
Le présent document contient le texte des lois et réglementations ci-après 1, notifiées par l'Irlande 
au titre de l'article 63:2 del' Accord (voir le document IP/N/l/IRL/1): 
Loi de 1927 sur (la protection de) la propriété 
industrielle et commerciale (n • 16 de 1927) 
Ordonnance d'entrée en vigueur de la Loi de 1927 
sur (la protection de) la propriété industrielle et 
commerciale (n • 60 de 1927) 
'Anglais seulement. 2 
76 IP IN 11 IIRL/DI 1 
Page 2 
SAORS:T:A'T ,~""R~'A'NN 
Nllrtlber 16' of .1927. 
INDUSTRIAL AND COMMERCIAL PROPERTY 
(PROTECTION) .ACT, 1927. 
ARRANGEME~'{' OF SECTIONS. 
PRELIMI:-;..\RY. 
Section. 
1. Short title. 
2. Commencemcnt of Act. 
3. Definitions. 
4. Repeals. 
PART· I. 
5. Establishment of Indnstrial and Commercial Property 
Registration Offi~. 
6. Appointment of Controller of Industrial &Ild Commercial 
Property. -. 
7. Controller to be a corporation and have official seal. 
8. Appointment of officers of controller: 
9. Fees to be charged by controller. 
10. Controller to publish Official Journal and other docu-
ments. 
PART n.-PATENTS. 
11. Application for patent generally. 
12. Application for patent in certain cases. 
13. Specifications of inventions .. 
14. Proceedings upon application. 
15. Provisional protection. 
16. Time for leaving complete specifications. 
17. Comparison of provisional and complete specifications. 
18. Time for acceptance of complete specification. 
19. Documents to accompany specifications. 
~O. Investigation of specifications published previous to appli­
cation. 
~l. Investigation of specifications published subsequent to 
application. 
22. Advertisement on acceptance of complete specification. 
23. Effect of aceeptance of complete specification. 
24. Opposition to grant of patent. 
25. Grant and sealing of patent. 
26. Abandoned or void application. 
27. Date of p3tent. 
28. Effect and form of patent. 
29. Effect of existing British patents. 
30. Fraudulent applications for patents. 
31. Single patent for cognate inventions. 
32. Term of patent. 
33. Effect of fl!ilure to pay fees. 
34. Extension d term of pa.tent. 
35. Patents of arlditjoD. 
:36. Restoration of lllpsed patent.!. 
37. Amendment of specification by oontroller. 
38. Amendment of specification by the court. 
39. Restriction on damages where specification amendd .. 
40. Pro\"isions as to patents indorsed " licences of right." 
MUtNNTIR CUATHAIL AGUS , aCuID, 'fEORA.l·iTA, Cl6d6irf do Rialtas Shaor~tAit Eit'j\ann, 
do chl6bhuail. 
OIFIG AN TSOLATHAlR D'FHOILLSIGH 
Printed by CAHILL .l Co., LTD., Printers to the Government of Saorstat Eireann. 
PUBLISHED BY THE STATIONERY OFFICE. 
Le ceannaeb trf MESSRS. EASON .UID SoN, LTD., 40 agus 41 Sriid Iochtarach U{ ChMaiIJ; 
. Baile Atha Cliath. 
To be purcha~ed tht>oujth MESSRS. EASON & So.'II, LTD., 40 and 41 Lr. O'Cor.nelI Street, 
Dublin. 
(Dha SciUing Clan.1 
. [Two Shillinp Net.] 
Wt. 11-1209. 1.125. Srn. C.&Co. (5574). IP IN I llIRL/DI 1 
Page 3 
[1927. ] Industrial and Commercial [No. 1.6.] 
Property (Protection) Act, 1927. 
Section. 
4t. Revocatioll of patentJ by court. 
42. HC'Yoration of patents by controller. 
4:3. Prevention of abuse ot: mOllopoly l'ightg. 
44. Opcl'udon ef order for grant of 1i(~r.III:I·. 
45. Register ()! patents. 
46. Inventor or patentee may assign benefit to :Minister. 
47. InventioI13 relating to instruments or munitions of war. 
48. Hearing with assessor. 
49. Counterclaim for revocation of patent. 
50. Power of court to grant relief in respect of particular 
claims. 
51. Exemption of innocent infringer from liability for 
damages. 
52. Order ror injunction or inspection. 
53. Grant of patent to two or more persons. 
54. Avoidance of certain conditions attached to the sale, etc., 
of patented articles. 
55. Chemical products and substances intended for food or 
medicine. 
56. Acts which do not amount to anticipation. 
G7. Discrepaneies between provisional and complete specificn-
tions. 
58. Rights of representative of tlcceased inventor. 
59. Loss or destruction of patent. 
60. Publication of invention at certain exhibitions. 
61. Use of invention on foreign vessels in home waters. 
62. Patent agents to be registered. 
fl3. :'If anagel1lent of register or patent agents. 
PART IlL-DESIGNS. 
64. Registration of designs generally. 
65. Regi;.;t ration of designs in certain case.'1. 
66. Re~istration of designs registered in Patent Office in 
London. 
67. Registration of designs in new classes. 
68. Certificate of registration. 
69. Register of designs. 
70. CopYl'ight in registered cl e.<;igns. 
71. Requirements before delivery on sale. 
72. No puhlication by confidential disclosure of design. 
73. Inspectiun of registered designs. 
74. Information as to existence of registration. 
75. Cancellation of registration of design. 
7n. Publication of designs at certain exhibitions. 
77. ~Iinistcl's may acquire designs. 
7H. Prohihition or infrin~('ment of copyright in degign. 
79. Applil·ations abandonetl or refused. 
PART IV.-TRADE ~fARKS. 
80. Register of trade marks. 
81. Trade mark must be for particular goons. 
82. Requisites for registration in Part A. 
83. Colour of trade marks. 
84. Deceptive or misleading trade marks. 
85. Application for registration in Part A. 
86. Application for registration in Part B'. 
87. Translation of applications from Part A to Part B. 
88. Registration of trade marks in certain cases. 
89. Registration of trade marks registered in Patent Office in 
London. IP IN 11 IIRL/D /1 
Page 4 
t HJ~7. J 'ltdu::;trial and COllllllt'l'Cia[ I:-'"u. 16.J 
jJ roper! y (P I'otect ion) Act, 19:17. 
Section. 
!.IU. Advl'rtisemcnl ot application. 
91. Oppo~ition to l'egi::;tratioll. 
92. Disclaimer of nou-distinctin: clelUents. 
9:). Date of registration. 
94. Certificate or rt.'gistratioll. 
95. Dela.y in complction of registration. 
96. Identical trade marks. 
97. Rival claims to identical marks. 
98. Concurrent user. 
99. Assignment <tllll transmission of trade marks.. 
100. ~\ppol·tiollmcllt 01' trade marks on dissolution of partner-
ship. 
101. Associated trade marks. 
102. Combined trade marks. 
103. Series of trade marks. 
104. Assignment and user of assuciated trade marks. 
105. Duration of registration. 
106. Renewal of regist!'ation. 
107. Procedure on expiry of period of registration. 
108. Status of unrenewed trade mark. 
lU9. Removal from register of word trade marks used as name 
of articles. 
110. Alteration of registered trade mark. 
111. Xon-uscr uf tratle mark. 
112. Powers of registered proprietor. 
11:3. Rights III I'cgistereu proprietor. 
114. Effect of registration in Part B. 
113. Registration to be prima facie evidence of validity. 
116. Registration to be conclusive after seven years. 
117. [I\l'egistet'ed trude mark. 
[ [to. Adruission of evi,lcllcC of trade usage.'). 
119. No interference with use of own name, etc. 
120. Remedies for" passing off " not affected. 
121. Registration of marks by Misisters. 
122. ::\Iisuse of trade marks indicative of Irish origin. 
123. Trade marks uscd solely as certificates of quality, etc. 
PART V. 
CfENEl·L\l; PROVISIO~S RELATING TO 
PATENTS. DESIGNS AND 
TRADE ;\fARKS. 
12.J.. Trtlsts not to be entered in registers. 
1:25. lnspedion uf <l1H1 extrads from registers. 
1:!6. Reports of officers to be pI-ivileged. 
127. Regh;t l'ation of assignments, etc. 
128. PoweI' of controller to amend register. 
J 29. Power of court to amend register. 
]30. Rights of State in respect of patcnted inventions and 
I·cgistcred. designs. 
1:31. Remedy in l'USC of groundless threats of legal proceedings. 
]32. Ccrtificate of validity questioned. and costs thereon. 
I :33. Procedure on appeals to law officer. 
1a4. Excl'eise of discretionary power by controller. 
1:35. Cost..,; and security for costs. 
]:36. Controller may consult law officer. 
137. Recognition of agents. 
138. Inventions. etc., contrary to law or moralit.y. 
139. Controller to make annual reports. 
140. :Minister may refer appeals to court. 
141. ::\Iinister may delegate his duties under this Act. IP/N/llIRL/DIl 
Page 5 
ll9ii. I industrial and ('ol/lmercirtl r .vo. 16.] 
P ropert!/ (Protection) Act t 1 Uii. 
Section. 
142. Evidence before controller. 
143. Appearance of controller in proceedings for rectification. 
144:. Costs of controller in court p1'ocl'edings. 
14G. Certificate of controller tu he evidence. 
146. ~caled copics of documents in office to he evidence. 
147. Notices may be sent by pOl-it. 
148. Excluded days. 
149. Declarations by infants. lunatics, etc. 
150. Offences. 
151. Unauthorised llser of State badges. 
152. International arrangements. 
153: )1inistcr may make general rules, etc. 
PART VI.-COPYRIGHT. 
154. Copyright. 
155. Infringement of copyright. 
156. Term of copyright. 
157. Compulsory licences. 
158. Ownership of copyright, etc. 
159. Civil remedies for infringement of copyright. 
160. Rights in r('spect of iniringin~ copies, etc. 
161. Exemption of innocent infringer from certain liabilities. 
162. Restriction on remedies in the case of architecture. 
163. Limitation of actions. 
16·t Penalties for dealing with infringing copies. 
165. Importation of copies. 
166. Works of joint authors. 
167. Posthumous works. 
168. Copyright in GO\'e1'llIllcnt publications. 
169. Copyright in mechanical musical inst.l'ltU1Cllt;.;. 
170. Reports of political speeches. 
] 71. Copyright in photographs. 
172. Application of this Part of this Act lo I'cgistl"red uesigns. 
173. Works of foreign authors. 
174. Preservation of existing copyrights. 
175. Power to extend the uencfit of this Part of this .Act tu 
works first published in a British dominioll UI' foreillll 
country. 
176. .1bl·ogatiol\ (Jt rornmon law l·ights. 
177. Definitions und interpretation. 
PART VII. 
Ml:-:CELL~\NEI)F:-: l'RUVJ!-5IONS IN HELATLUN 
TO COPYRIGHT. 
17H. J)ciinl'Y of hooks to libraries. 
17!J. R{'gistratioll ot artistic work tklinillg a (les:gll. 
1::-;0. Application of Part VI. of this ~\ct to arti~ti(! wo .. " 
defining a design. 
181. Hegistel' to be kcpt hy pl'oprietol"s of theatres. etc. 
It'2. :)eizul"c. etc., ot piratetl copies of musical wOl·k~:. 
183. !-;CiZlll"(.' ut pirated w'.>1"k ... 1I1l l'cqnc!;t of copyright owner . 
. IS·t l'enalties fOl' heillg ill PlIsscssioll of pirated copi~'s 
H:!5. night of cntl'Y hy pulice flit' execution of lhi1' Part of thi') 
Act. 
]:0;6. ['eHalt.\· 1'111' ('el"taill o ffe 11 ('cs. 
187. ])CfillitiollS. 
FIHST SCHEDULE. 
Enactruellts rcpealed. 
SECOND SCHEDULE. 
lIaxilllum Fees. IP/N/lIIRL/DIl 
Page 6 
SAORSTAT EIREANN. 
S ((/It!;(/' Hi uf 1~:!7, 
£NDUSTRIAL AND COMMERCIAL PROPERTY 
~PROTECTION) ACT, 1927, 
!\l\ ACT TO )[AKE PRO\-TSIO)i FOR THE GR'-\~TIN() OF 
PATEXTS FOR I;\"VE~TIO~S, THE REGISTRATIO); OF' 
DESIG~S ~\XD TRAm: ~L\RKS, ~\ND THE DEL"IKITIO~ 
.\NlJ PROTECTIOX (}r' COPYRIUH'l' IN :::AORSTAT 
BIRE,A.~~~, [20th .llay, 192i.J 
BE IT BXAl'TED BY Till-: !.llHEAl'IlL\:-) (I1"·'~·.-\tIH~f\·1; 
Ell~EAX~ AS FULLU\\"~:-
PHELDII);,AHY, 
1,-This Act may be cited as the Industrial and Commercial Short title, 
Property (Prot('ction) Act, 1927, 
2,-This Act shall come into operation Oil stleh day or days as Commen('ement 
may be fixed therefor by any order or orders of the Executive of Act. 
Council, either generally or with reference to any particular Part 
of this Act. and differcnt days may be fixed 101' the commence-
ment of different Parts of this Act, but so that no such day be 
later than six months aiter the passing of this Act. • 
3,-In this Act..- Definitions. 
the word" patcnt " means letters patent for :1ll invention; 
the expression " British patl'lIt" means a patent g"l'<lntl'(l hy 
the Patent Office in London i 
the word "patentee" means the person for the time IH'ill!! 
entered 011 the register a~ the grantee or proprietor of the pat('ut: 
the word le invention" means any llew and useful art, proct:!';!';, 
machine, manufacture or composition of matter, or any HCW and 
useful improvement ill any art, process, machine, manufacture 01' 
composition of matter, and includes an alleged invention; 
subject to the provisions of this ..:\.ct. the words" inventor" and 
,; applicant" respectively include the legal represL'ntativc of a 
deceased inventor or applicant; 
the word" design" mcallS only the ieatures of shape, conli!!lIra­
tiOll, pattcrn, 01' orllamcnt applit'd -to any al,tide by ally h-"lllS' 
t!'ia} pl'ocess or means, \\"lIl:thel' manual. Illl'chanical. 01' cht'l1li('al. 
sepal'ate or combined, which in the tinishc!l article appeal to and 
are judged solely by the e~'e, but does not inclutlc allY Illode or 
pl'illciple of construction, u1' anything which is in substance a 
mere mechallical dedce ; 
the word" article" means (as respects llesigns) any at,tide oi 
manufacture and any substance urtificial 01' natural 01' partly 
artificial and partly natural; 
the word" copyright" wheH usell ill relation to a design rcgis­
tcred under Part Ill. of this ~\ct mcans the exclusive right 10 
apply thc design to any article in nny elass in which thc tlesign 
is registered; 
the exprcssion " proprietor of a new 01' ol'iqinnl design"-
(11) wherc thc author of the design, for gooll cOlIsill('I'atioll. 
executes the uesign ior some other perSOIl, nlcans th~ 
person for whom the design is so executed, and 
(/J) wherc any person acquires the design or the right to 
apply the design to any article either exclusively of 
any other person or otherwise, means, in the' respect 
and to the extent in and to which the deaign or right HeJ,leal!. 
Establishment ot 
Industrial and 
Commercial 
Property 
Registration 
Office, [lU2i. J IP/NI 1 IIRL/DI 1 
Page 7 
Industrial (l.71d Commercial [No. 16.] 
P rol'erty (Protection) Act; HJ:li. 
has bl'ell so acquired. the person by whom the design 
lll' right is so ltcquired, and 
(,;) ill any oth('l' case ffi('ans the author of the t\("sil,!n, 
illI«\ ~\-hct'(J the property in, or the riqltl to apply, the desigll has 
dl'vol\'cu from the ori~inal proprietor upon any other person, 
includes that other person; 
the expression C I working on a commcrcial scale" means the 
manlliactm'e of the article 01' the carrying Oil of the pt'oeess 
desct'ibed and daimed ill a :;peciiieation ior a patent in or by 
ICIl':U1S of a detinit\' anti substantial establishment or or~alli.c;ation, 
anl\ 011 a scale which is adequate and re:3sonable in all the cir. 
~lll11stane('s ; 
the word " mark" includes a ueviee, brand, heading, lahel, 
ticket, name. signature. word, letter, numeral, or allY combina· 
liou t het'eot; 
the exprcssio-n " trade mark 't Ulcans a mark used or proposed to 
be used upon or in connection with goods for the purpose (d 
illdicating that they are the goods of thc proprietor of such trade 
mark by drtlle of manufacture, selection, certificatioll, dealil1~ 
\\"ith, or offering ior sale; 
the word "controller" means the Controller of Industrial 
nllll Commercial Property appointed under this Act; 
Ihe ('xpl'l's!;ioll ;, the Office" meaus the Industrial and Commer. 
cial PI'Op~l·t~· Re~b.tration Office established pursuant to thic; Act; 
tht, \rOt'U U Journal" means the Official Journal of Inuustrial and 
t'ollllllel'l.'ial Property issued by the cl)ntroller pursuant to this 
.\ct; 
the expl'I;.'s.sion Cl the register" meaus the appropriate register 
k'.'pt pursuant to ~his .-\ct; 
Ihe l'xprl'~sion ;1 U"iti:;h re~iste~ " means the appropI'iatc regist(:t, 
hpt ill the Pate!lt Office in Londoll l>t1I'suant to the statuh's 
I'l'latin~ to that Office: 
the expn'ssion c. Patent Office ill London" means the office in 
London l'alll'.l the 1'att'nt OffiCI' nlld maintnillc(lllnder the statutes 
l'l'latill~ tll t ht, ).:Talltil1~ or patents fot' inventions all«l the l,t'~is. 
'ration ot Ik.signs and trade marks ill thc late Fnited Kingllom 
allll III 1;I"cal BI'itain: 
the l'xpl,t.'s.sioll .. late United KinguolIl " means the late Cllitl,.l 
Killl!tiOIH oi Grcat Britain and Ircland: 
Ihe t'xI)1-c:NilJu .. selt'.go\-~l'1ling British dominions Of mealls and 
inl'iude.') the Dominioll ot' Canada, the Commonwealth of Australia, 
t he Dominion of ~ew Zealnnd, thc [\lion of Sottth Africa, and 
Xew(ol1ndland; 
the cxpl'p:-sillll '~ I3l'ilish dOlllilliolls" iueludes Ureal Britain an • .! 
:'\lfrlh~I'l1 Irdalld all~l (say\! where the COlltext olherwise requircs) 
Ih(' !q·li-~II\"l'I'II;Il~ Brilish dcmliniolls: 
11ll' l'xprcssioll " thc :.\til1btcr " meall,; the :'\[inj~ltl' fot' Industry 
and ('l)llImer~l': 
Iht, t'Xpl'l'ssiull ., Law nm~el''' 1I11'a1lS thc ~\ltorlll'y.Gcllcl'a1 of 
Silo!'stat Eil't.'<l1l11 j 
Ihe \\"111',1" PI','sl:I'ibct! " III('aIlS \lr,:s':l'il)c.J by gell,'ral rules malll' 
IInth'l' this Act; 
Ihc \\"I.'l'd ., l'l,urt " 1I~l'allS thl' Hi::h Cl/lilt of ,Justice in Saol'stat 
Ein'a:m, -
4.-The .\"1..; IIH'lItillllCd ill the Firsl ~dH.'.lllll' tll this Ad are 
11I'I'\,hy rt'peall',j 1.1 the c~ICl\t l1Ientiolled ill the thit-J tulllntl\ of 
the ".;ail.! 8chc.lule. 
P~\RT I. 
EST~\I;LISH~lE~T I)F Ii-iDl:STRUL _-\~D COMMERCL\I, 
PROPERTY REGISTRATIO); OFFICE. 
5.-t l) There Shllll be established nil Industrial and Commercial 
Property Rcgistration Office for the purposes of this Act and such 
other purposes as may her0<liter b(' a.<;.c;i~ml>d to it by thc 
Oireal.'htas. IP IN 11 IIRL/DI 1 
Page 8 
[1927.! Industrial alld ('Olllllll'l'f'ifll ~.\'o. i6.J 
Propert!! (Protp(,tioll) Act. 1927. 
(2) The Of1il"~ ~hall h.' didded into two branch,'" 11:11111';.'"-
(,,) a Patcllt!; nralll·h. ill \\ hi':)1 shall Ill' tl';lll:-:adl'll allt! d.·,Il,' 
all SIll'" !'1I"illl·SS. mattet's. alld thin!!, :Is :\1'1' by this 
.\,., lit· lit 1t"l'\\"isl~ 11\, la\\" dil'l'dl'ti to 1'1' lr;lllsal·t 1,.1 Ill' 
,le,ltl' ill tll(' (Ii\il'e i'n 1',·IHtioll to patl'llls: 
(1)) a Dcsi!!lls and Trade .\lark:.; iJnlllch. i:1 whieh s!wll h.' 
transacted and done Hll sn,·h husiness. mattl'I"S. and 
things i\S ;HI' },\' this .\ct Ol' otherwisf' 1)\' law dirN'ted 
to be rralls;ct~d or done in ~he Office 'in r('lation to 
designs or in relation to trade marks: 
t:3) The Offil'e shall be tWlier the immediate control of the' 
('ontl'oll(,I' l)f Illllu:-.trial and ('lillltnt.'l'eial Propel'ty who shall ad 
uuder the general snperintendellee anu .lil'eetion oi the ){inistcl'. 
6.-(1) Th,' EXl'euri\'c Coullcil :<;hall as soon a::; Illay he after 
the passin!! 01 thi:-; Ad and thereuiter 'as ot:C'<lsioll ;1rises appoint 
i' fit person to the .-.r'r1C'c 01 ('ontrollL'[' of Indwstrial and Com­
mereial Property, who shall hi)ld otTIce ior such time and on such 
terms as the EXccllti\'e Council shall appoint. 
(~) Every pl'r.HJU appoint.:.l t!) be I?olltroliel' unJtr this .-\('t 
shall receive :mch remunel'atiollus the )Iinistel' iol' Finance shall 
tktermine. 
(3) Subject to his being ill good health at the time of appoint­
ment and notwithstanding that he is appointed without a ccrti­
fic'ate from the Civil ::::':l'\'ice Commissiollers. the eontroller shall, 
if appointed permanently, be deemed to be employ.,.! in the pet· 
manent Civil Serdce oi Saorstat Eireann and there may b~ 
granted to him on retirement ot' to his legal personal l'epr,:-"s('nta-
,tive on death such superannuation or othe:r allowanee or g!':1tuity 
as might under the Superannuation Acts for the time being :i; 
forec have been granted bau he been in the permanent Ci\'i~ 
Service of Saorst:it Eireann. 
(4) Whenever the eont1'oller i~ tcmpul'arily unable to attcnll 
to his duties, or his oiti.ce is vacant, the )!inister may appoint a 
fit person tu peI'iol'nl the tlutic'5 of the contro!icl' lUlt\('r' this 
.Act during such inability or vacancy, and every person so ap­
pointed shall during his appointment have all the powers or the 
rontrollet' undcl' this .\ct. and shall hcel\'(.' sueh remunera.tion. 
out of moneys to be pro\'ided by the Oireachtas, as the .:\!inister 
shall, with the sanction of the Minister for Finance, direct. Appointment ot 
Controller of 
Industrial and 
Commercial 
Property. 
7.-( 1) The ('ontroll.:::r oi Industriai and C'oTnlllrreial Controller to 
Property shall be a I?ol'pol'ation sole under that llame with be a corporation 
perpetual succession and an official ·seal. and may SUI'! and he and have official 
sued by the name aforesaid. seal. 
(2) Impres:o-inTls of thl~ official ",.al 01' thl' (,(,lttl'olll'l' 
of Inoustrial antI Commercial Proprrty shall be jlloirially 
noticed alHt admitted in evidence, 
8.-(1) The ~linister shall appoint sueh pel'Sons to be offil'ers 
of the contt'oller. as. suhjeet 10 the SillH:tion of thl' _\Linistl'l' 1'01' 
Finance as to numbcl'. he muy cOllsider nceessary for the purpOS~f; 
of this Act, and those officers shall holtl oft1ce upon sueh tl'rms 
and be remunerated at such rates and in such manncr as the 
:\Iinister for Finance may sanction. 
(2) The salaries or l't'mtlnc-ration of. the l:ontI'OIl(,I' and his 
officers, and such other expenses or carrying this Act into effect 
as may be saTH:tioned by the )Iinister for Finance shall he pai,l 
out of moneys provided by the Oireachtas. 
9.-( 1) 'rherc shall bp (:hargell by the eontroller and paid in 
re:ipeet ot thc gl'allt or patents and the registration \)f designs. 
trade marks and arti~tic works_ and applirations thereror, and in 
I'espe(:t of other matters in relation ·to patents, designs, trade 
marks and Ul,tistic works under thi!l Act. such fees as ma\-from 
time to time he prese['ibE'll hy the )Iinistel' with the sanction of Appointment of 
officers of 
controller. 
Fees to be 
charged by 
controller. Controller to 
publish Official 
Journal and 
other documents. 
Application for 
patent generally. 
Appli~tion for 
patent in 
certain cases. [ 1927·1 Industrial and C01nmercial 
Property (ProtIJction) Act, 1927. IP/NIlIIRL/DIl 
Page 9 
[No. 16.] 
thC' :\linister !'Q\' Finallct', ,-;0 h\Jwewl' that the fee!l prescribed in 
n'~lJ('d of the ill!Stl'Umellts allli matters melltioned in the Second 
:-;,·h'·.\llll' 1.11 this Ad ~hilil I1l1t C-:";C'!'l'd the i('cs r(,sI>ecti\'('l~r foIpec.ified 
ill thnt Sr·hp(]ulc. 
,:!) .All f(;f'!>; chargerl hy I he I'c'lntl'ol\C\' under thi!l section shall 
he collected anJ accoullted for in sllch manner as shall he pre­
scribed hy the :\Iinister, with the sanction of the )[illister for 
Finance. 
10.-(1) The controller shall issue periodically an illustrated 
joul'Ilal oi patented inventions, registered designs, and registered 
trade ma rks to be called the Official Journal of Industrial and 
Coml,lcl'cial Property, and shall publish therein all such matters 
as are directed hy this Aet or otherwise by law to be published 
therein and such ot.her matters and information as may appear 
to he useful or impol'tant to proprietors of patents, designs, trade 
marks, 01' copyright granted, l'cgistered, or subsisting in Saorstat 
Bireaun. 
(2) The controller may issue periodically either in or as a sup­
plement 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 Saorstat 
Eircann, and 
(1/) snch cases relating to patents, designs, trade marks, or 
('opyright derided by courts of law outside Saorstat 
Eireann as the controller may consider to be useful or 
important to proprietors of patents, designs, trade 
marks, or copyright granted, registered, or subsisting 
ill Saorstat Eireann. 
(3) The controller may prepare and publish indexes, abridg­
ments oi specifications. ~atalogues and other works relating to 
inventions. patents, designs, and trade marks. 
(-1) The cont roller shall make provision for keeping on sale 
copies of all tlocnmcllts which he is by this section directed or 
authorised to issue or publish, and also of all complete specifica­
tions (together with any accompanying drawings) of patents in 
force other than British Patents which by virtue of this Act al'(, 
deemed to be patents granted under this Act. 
PART II.-P ATENTS. 
11.-(1) An application for n. patent may be made hy any 
person \\'ho claims to be the true and first inventor of an i1n-en· 
tion, whether he is or is not an alien, and ,yhether alone or 
jointly with allY other person. 
(2) The application must be made in the prescribed form, and 
flInst be left at, or sent by post to, the Office in the prescribed 
manner. 
!':1) The application mnst contain a declaration or (if so pre­
.;r'l'ihccl) a statutory declaration to the effect that the applicant 
i~ in possession of an in\'('ntion or which. so far as the applicam 
kllOws or has been able to ascertain. hc. or in the ('ase of a joint 
application. one at least of the applicants, is the true ancl first 
inv£'ntor, and for which he desires to obtain a patent. 
(4) E\'ery application for a patent must be accompanied hy 
(·ithel' a provisional or a complete specification. 
(5) In the case of a joint application, the declaration requirC'r\ 
by this section must be made by all the applicant.'J. 
12.-(1) Anv [Jt:nion or the legal representative or assignt'c 
of any p('rson who applied after the 6th day of Decemher. 19~1 
:lnd heforf' the commencement of this Part of this Act to thc! 
:\[inister for Economic Affairs oi the late Provisional Government 
of Ireland or to the 1Hruster for Industry and Commerce of 
Saorstat Eireann for a patent or protection in re~pect of ~n 
invention shall be entitled to apply under this Act within one year 
after the commenc£'ment of this Part of this Aet for a patent in IP IN 11 IIRL/D/l 
Page 10 
[19:a. ' Industri([! and ('UlllIllI'l'cial [So, 16.j 
Property (Pl'otectirm) ,·let, ID:li, 
respect of the sallle invclltion and shall be 1'lItitlcd to ha\'(' ':;li'~'!1 
application unflet' this _\d dated and trcatcod as hayjll~: been 
made as or the date of t!1I' 111'st-tnentio!1cod application 10r the 
purposes or detcl'mining the r('~pcetive pI'ioritit,:,; of t :1;' s.:1io 
application undcr this Ad alld any othl'l' appli(,<ltioll, fixillg' thc 
date to be borne by any P,Il(.'lIt ~r'al1tcd PUI'Slumt to illC said 
application unde!' this .:\CI. ,11111 t\(.t(-J'lllining whethet' the il1\'en­
tion had been previou'il,r [,uld i:,hCt.l in Suol'stat Eirean.l ut' in 
Great Britain_ 
(~) Any pet'son or the icogal reprcscntative \It' assi~nce ui uny 
person who !l;lS oiJtainc!l hl'!\\"et'l1 thc 6th day ot lJl"'l'llIbl' I'. 1!):!1 
alln the eommell('cmellt OL thi::; Part of this .Act £1I'OIC('liol1 lOt· ali 
invelltion ill any British llumillinn (other th:lll Cil'cut Britain l\lll~ 
:'oiorthern Ireland) or iorciqn slate to which th,~ [H'o\-i~ions of SCt­
rion 152 (which l'ciates lo international arrangements) or this .\(,[ 
are applied or deeJared tu be applieahle by 01'111.'1' made under that 
section shall be I.'ntitlc(l to apply llnoer this .-\ct within one Fat' 
after the comm(,IICCCIH:nt of this Part of this ,;\ct for a p:ltE'nt in 
respect of the same invcntion and shall bc entitled to h.1\'c :-he 
said application under this' Act dat(,d and tl'r.atl.'ri as havin~ 
been made as of ~he date of the application for protection or the 
invcntion in such British dominion 01' foreign state ior tht' PIlI'­
poses of determining the respective prioritics or the said applica­
tion under this Act and any other application, tb:in~ the date to 
be borne by any patent granted pursuant to the s:dtl applIcation 
under this Act. and determilling whether the illvention had been 
pre\'iollsly published in Saol'stat Eireann or in Great Britain. 
(:3) Any person who appli(:s fot' a patent under the pro\'jsiolls 
of this st:etinn may at any tioH' bl'iore the grant oi sllch pat(,llt 
,thereinat'ter ealle.l the tirst-mentioncd patent) or wit!:in such tim(l 
after such grunt as may be allowed by the controller apply to the 
controll~r tor the l'e\-oc<llinll of all~-patellt I her('ina;'tc;' (,<111(,-1 
the scconl1-nH'ntionet! patent) \\"hi(~h by d!'tll'~ of this .\et i:; 
deemed to he a patcnt granted un!Iet' thL<; _-\ct ul1l1 bears ::late as 
of any date bt't\\'("'!1 the 6th day or DI'C'('mhcr, In:!1 nlhl t~lC COIll­
mencement of this Part of this _-\tt and i.., fOI' the same inn'ntion 
Ra that in re:-:pect of whi~h tht' first-inention(~d patt'llt is applied 
for Oll thl' !!"l'otlnd that the date or the appli(·ntion for the st'cond~ 
mentioned patl'llt was snbseqllrnt to thl' datco of an applicatioll 
made by thr applieant for tl:,' first-mention(''] patcnt ~o th(1 
lfinister for Eco1lomic Affairs of thr late Pro\'i,.;;iollal Govl'rl1n1cnt 
of Ireland or to the :'Ifinistcr for Inrlnstrv and C'ommL'['('(' in 
Saorstat F.ireann or in allY .'illch British ,1ominl01l or iorei!!l1 stat(· 
as is mentioned in the fo~e!!oin~ sllh-sl,ction ior a patent -or pro­
tection of the "ame invention and thc ('ol1trol1(:1' may on such 
applica.tion for revocation revoke the seeol1d-mentio~ed patent 
on the ground aforesaid, but on no other ground. 
(4) An appeal shall lie to the law officer irom ('\'cry uecision 
of the controllC't' on an application for revocation tmder the 
foregoing sub-section. 
(5) The term limited in a patent grantrd pursuant to an 
application made under the provisions of sub-section 0) of this 
section for the duration of such patent shall be sixteen years 
from the date of the commencement of this Part of this Act. 
and for the purposes of the application of the Second Schedule 
to this Act to such patent the date of such patent shall be 
deemed to be the date of such commencement, 
(6) No fees shall be payable under this Act on any patent 
granted pursuant to an application made under the provisions 
of sub·section (2) of this section in respect or anythiI,g' done or 
any period of time expired hc·fore the commencement of this 
Part of this Act, 
13.~(l) A pro\-isional spceifieation must COnllllL'nCe with the Specifications 
title of the invention and mnst (lescribc the nature of the in-of inventions. 
vention_ 
(2) A complete specification must ('ommence with the title of 
the invention and must narticularh' describe and a~certajn the 
,.\atnre of the invention a;lo the ma;lIlel' in which the same is to IP IN I 1IIRL/DI 1 
Page 11 
[19:2i.J industrial and Commercial [Xo. 16.] 
PI'OP(Jl'ty (Protection) Act, 1927. 
Procr.cdings- llllllt: 
:lpplication 
Provisional 
protection. 
Time for leaving 
complete 
specification. 
Comparison of 
provisional and 
complete 
specifications. be pc-rrormcd aud mllst end \\·ith .l distinct statement of the 
illn:lltion clainH'd. 
(:3) The eontr·)i!('l· !1I,l\·. \\l!"1l1:\'l'1' he considel's it desirable 
so to do, l'(·qui!·t· tl;at :,l\irahle drawings shall be supplied \vith 
the specifil.':ltioll (\\·l:l'thC:l' prodsional or complete) or at any 
time befol'c the ::c(:eptance thC!'l'Oi. and such drawings when 
supplied shall bc d(l('lHed ~o form part of the specification. 
(4) W!l('IlCWl' the ill\'ell~ion ill respect of which :In application 
for a patent is made is It chemical invention, such typical samples 
and specimens as may be pl'E'scdbed shalL if in any particular 
eClse th!! tnntl'C'ller COl1si(ic'\''i it dt~sil'alJk\ so to require, be fur· 
l1i~hell 10 the <:ol1t1'oll"I' bt:iol'(' the ,h:eeptance of the complete 
specification. 
14.-( 1) The 1:,)J,trollt'l' shall 1'''1'I'!' C\'cry applit!ution for a 
patent to an examiner. 
(2) If thc examiner reportg that the nature of the im'cntion is 
not fairly (lescI·ihed. or that the application. !;pecification, or 
(lrawings havc not heen pl'epar,~d in the prescribed manner. or 
that thc title does not !\uffieiently indicate the subject-matter of 
lhe invention, the ('ol1troll('1' may refuse to accept the applica­
tion or require that the application, specification, or drawings 
be amended bciorc hc proceeds with the application; and in th,! 
latter ease tht' application :::hail. if the controlle:r so dil'eets 
bear datc as from the time when the requirement is complieti \ .... ith. 
(:3) 'Yhet';.! the contt'oller ('('lUSt';; to accept an application 01' 
rr.quit'flS an amendment. the applicant may appeal from his deci­
sion to the law officet'. \\"ho shall. if rccluircd. hear the applicanl 
and the controlle!', <llld may mnke an order determining whether 
and subject to what conllitions ~if any) the application shall be 
accepted. 
(4) The contrulJ.:·t' ;;hall. '.\·hen an application has been 
accepted, give notice thereoi to the applicant. 
IS.-Where an application 101' a patent in respect of an inven· 
tion has been accepted, the invention may during the period be· 
t\\-een the <latr. or the application and the date of sealing bHCh 
patent be llse(l and published \\"i~hout prejudice to the patenl 
to be granted for the ill\'ention: Lind such protection from tIlt:' 
consequences oi use and puhlieation is in this Act referred to ~?> 
pro"isional protection. 
16.-(1) If thr applicant does not leave a complete specification 
with his application. he may lea\'(' it at any subsequent time 
within uine months trom the uate of the application: Providr.cl 
that where all application is maJ~ for l1.n extension of the time 
fol' leaving- u complete speeitleation, the controller shall, on 
payment of the prcscribed iee, grant an extension of time to 
thc extent applied for but not exceeding one ~onth. 
(2) Unless a complete specification is so left the applicatiotl 
shull be deemed to be abandoned. 
17.-(1) Where a complete specification is left after a provi. 
sional specification. the controller shall refer both specification.'! 
to an examiner. 
(2) If the examiner reports that the complete specification hus 
not been prepared in the prt'sel"ibed manner, the controller may 
refuse to accept the complete specification until it has been 
amended to his satisfaction. 
(3). If the examiller reports that the invention particularly 
descrIbed in the complete specification is not substantially the 
same as that which i::; (h'!')('I·ib(·d in the prodsional specification 
the controller may-
(a) refuse to accept tl1(' complete specification until it has 
been amended to his sati~fadion j or 
(b) (with the CUllSCllt of thl' applicallt) cancel the provisional 
specification and treat the application as having been IP/NI l/IRL/DI 1 
Page 12 
[1927. -: Industrial and C'ommercial [So. 16.] 
Property (Protection) Act. 19:27. 
made on t!J(! datc at which the complete specihcation 
was left, and the application shall hare effect as if 
made on that date: 
Provided that where the complete specification includes an 
i;;\'cntion 110t incLllded in the provisional specification, the 
controller lllay allow the original application to proceed so far 
as the invcntion included both in the provisional and. in the 
complete specitication is concerned, and allow an application for 
the additional invention included in the complete specification 
to bG made and treated as an application for that invention made 
011 the date at which the complete specification was left. 
(4) An nppl·al shall lie from the decision of the controller 
under this ~ection to the law offi('~l', who shall, if required, hear 
the applicant and the controller. and may make an order 
determining whether and subject to what conditions (if any) the 
(,o/llpl~t(' specification s:la11 be accepted. 
18.-(1) If a complete specification is not accepted within the 
period of fifteen months from the date of the application or, 
where that period is extended under this section, before the 
('xpiration or the last extension of such period the application 
shall at the expiration of such period or such extension thereof 
(as the case may be) become void. 
(~) III any case in which an application for a British patent 
was pending when the complete specification was left, the 
I~ontrollet' lHay grant withuut the payment of any iee such 
extension or serie!; of extensions of the' said period of fifteen 
months as he shall think fit, but no such extension shall be granted 
unless the same is applied for before the expiration of the said 
period or the last prt:\'iOllS extension thereof (as the case may be). 
(:3) In allY case nnt coming within the foregoing sub-section 
, the controller shall. on applicu.tion therefol' being made to him 
and the pl'escribed fee being paid before the expiration of the 
said period of fiiteen months, grant such extel!sion, not exceeding 
three months, of the said period of fifteen months as is so 
applied for. 
(4) Whenever an appeal from :l decision of the controller ill 
relation to the complete specification is pending at the expiration 
of the said peri<xl of fifteen months or any extension thereoi 
made under this section. the controller shall on application made 
to him therefo1' at any time grant without the payment of any 
fee an extension or further extension (as the case may be) of 
such period until the expiration of twenty-onc days after the final 
decision of such appeal. Time for 
acceptance of 
complete 
specification. 
19.-(1) Eycl'Y pro\'isional specification must be accompanied Documents to 
by a statement as to whether the applicant has or has not applied accompany 
for a British patent for the in.ention described in that specifica- specifications. 
tion and, if he has not so applied, a further statement as to 
whether he does or does not intend so to apply. 
(2) Every complete specification must be accompanied by a 
statement as to whether the applicant has or has not applied for 
a British patent for the invention claimed in the specification and, 
it he has so applied, a further statement as to whether such 
application has been granted, is still pending, or has been refused. 
(3) A complete specification which is accompanied by a state­
ment that a British patent for the invention has not been applied 
for shall be accompanied also by a statutory declaration made 
by a person who is registered either in the register of patent. 
agents kept under this Act or in the register of patent agents 
kept in London or ill the register of clerks kept unclel' 
this Act that he has made a search and investigation 
in the Office 01' in the Patent Office in London or in 
some other place for the time being authorised in that 
behalf by rules made under this Act for the purpose of 
ascertaining whetclcr the invention claimed in the complete 
specificatio~ has been wholly or in part claimed or described in 
any specification (other than a provisional specification not 
followed by a complete specification' published before the date of In\'estigation of 
::pecificotilln9 
published 
j1r~\"lous to 
:'(lp;ic:ltion. IP/NIlIIRL/DIl 
Page 13 
• .1,,:,. JlltllJ.,)l/H/l I1IIU COllilii'(:rciai '~vo.-f6.,; 
Property (Protection) A et, 1927. 
the application and left in the Patent Office in London purS:J811\ 
to nn ;,ipplication Tu\, ;l patent ill the !:lte [llited Kingdom made 
during the pHil).1 l")I\I111el1(:ill~ fifty years before the application 
\lnder this _\ct :lUU "IIJing Oil the date ot the commencemcnt of 
this Purt of this Art alld thal he is satisticu as a result ut such 
seOlI·t:h :lIld illvc:-ti!.wtiflll that the :;ai·l invcntion haJ not becn 
wholly 01' in pan ~'Iailll('d IJl' .1escl'ihclI in any sllch :-ipecifiratiol! 
so IHlhlishcd ant! leit <IS aillrc~aid. 
\-t) .\ complete :-pcl'itication which i-; accotnpullieJ by a statc· 
mcat that a B\'iri~h patent 1".'l' the illnntioll claimed in the 
spec·itirution hu.l l.cc'l! appliell for an,j granted shall be aecom­
paniC'll hy a "d'tit:e.] f:llPY lit the complcte specification on which 
such Britbh p;lt~l1t was gl';!;l:ed togcthcr with the prescribed 
PI'OO!: of the al'Ccpt:llll'e ut the last-mentioned specification by the 
('omptroller-( ;c·neral or' the Pate:nt I)irl~e in London. 
(5i "-hene:\'('l' ,~ ('umpicrc :-ipceitic'ation is accompanied by n 
statement that a British patent It)!· the in\'ention has becn applied 
io1' anl! that sl1eh appli('atioll is still pending', the applicant shall, 
if the complr:te ~reciticati\)lI left ill the Patent Office in LOlldol~ 
pursuant to the <lPI)iil'<lti'lII lu,' \hc British patent be accepted 
by the Comptro!lo·.Ueneral or' rhe Patent Office in London, lodgl! 
a certified ('opy vi the last-mentioned complete specification 
together with the prescribcll proof or the acceptance of such 
specification by the said Comptroller-General \\ithin one month 
after such acceptance. 
(6) Subjcct to the pro\'biolls of the next following sub-section 
(when. applieablc) the controller shall not accept a pro\;sional 
:;peeiiication or :l com'plete ~peeitlcation unless and until the 
provisions of the ioregoin~ !.ub-~ertions of this section (so far a~; 
the same are applicahle) have )'eell complied with, 
en Where-
\IT) a complete speciticari(lll contains a statemcnt that a 
British l'atent io!' thc inVention bas been applied for 
and that sllt·h application is still pending, and 
~ b; such appl:f:<ltioll is leiused, 
thc applicallt shall gi\'e noticc or such reiu:,al to the controilel' 
::11,( thereupoll th;: cnntl'olh-l' shall l'ein~(' to U('l'l'pt th(' applica­
tion unless and until the appliennt pro\'('s-
(i) by the prescI'ib('tl c\'idence that such reiusal \ms 
made on grounds other than that the invention 
claimed i~ the complete specification has been 
whoily 01' ill part claimed or described', in any 
~pecification (other tban a proYisional specifica­
tion not 101l0wed by a complete specification) pub­
lished before the date or the application and !eft 
in the Patent Office in LOlldon pursuant to an 
application for :\ patent in the late United King­
dom made during the period commencing fifty 
years before the application and ending on the 
date of the commencement of this Part of this 
_\ct. and 
(ii) b\' ~uch statuto/," .,leclaration as is mentioned in 
"~b"se('tion (:3) o"i this section. that the in .... ention 
has not been' wholly 01' in part claimed in allY 
s'wh <;pecitlc:lrinn :1S js mention('d in the fore­
goillg par:1~l'aI)h (iL 
(8) A reiusal :ly the l'ontl'fllit'r und.')' th~ iorfgoin~ sub·section 
to accept an :1pplic3lioll shall be subject to appeal to the law 
officer. 
20.-(1) W~el'(, an application for a patent has b~(>n made and 
a complete sperifkation has bl'cll left. th,' examiner shall, ill 
addition to the other inquiries wh1c·h he is directed to make by 
this _\ct, make a further investigation for the purpose of asccr­
tailling' whether the inn'ntion cl:limed in the specification h:1;; 
hecll wholly or in part claimed (JI' descl'ibed in any specification 
(othPr than a prodsional specification not ioliowed by a complrte 
specification) published befol'e thc date of the application, anti 
leit pursuant to :!Ily application for a patent maoe in S:Jorstat 
Eireann under this Act. 
(2) If on investigation it appears that tr f invention has been IP/N/I IIRL/DI 1 
Page 14 
[1927.J Industrial and Commercial [So. 16.J 
Property (Protection) Act, 1927. , 
wholly or in part claimed or described in ail:; such specification. 
the applicant shall be informed thereof, and the applicant may, 
within such time as may he pL'escriiJed, amcnJ his specification, 
and the amended specification shall be il1\'estigateJ ii\ like manner 
as the original specification. 
(:3) If the controller is ~atistie<l that llO n\>jcdion exists tn 
the specification on the gl'otmd that the illnntioll '::ailllt:d 
therein has been wholly or in part claimcJ or lleseribed in a pl'C­
dons speciticatioll as beiol'\! mentioned, he shall. in the .lbSenCl' 
of any other lawful grounJ. I)f objection, accept the specif.catioll. 
(4) If the cuntroller is not so satisfi.:ri. h,} shall, llnlcs~ th(' 
objection is rcmoycd by amending the specification to the satisfac· 
tion of the controller. detNmine wheth('l' a t'efcrence to anv, 
and, if so, what prior specilications ought to be made in the spe~i. 
fication by way oi notice to the public: 
Pl'ovideJ. that the <:ont1'0lle1', if satisfied that the invention 
claimed has been wholly and specifically claimed in any speci­
fication to which the investigation has extended, may, in lieu of 
requiring references to be made in the applicant's specification as 
nioresaid, refuse to grant a patent. 
(5) An appeal shall lie from the decision of th(' eontroller 
under this section to the law officer. 
21.-(1) In addition to the investigation under the last preced· 
ing section, the examiner shall make an investigation for th(· 
purpose or ascertaining whether the invention claimeJ has been 
wholly or in part claimcJ in any specification publishe .. l on or 
after the Jate of the application and deposited pursuant to a 
prior application. 
(2) Where on such further investigation it appears that the in­
vention claimed has been wholly or in part claimed in a:1Y such 
specification, the applicant shall, whether or not his specifleatinn 
has been accepted or a patent granted to him, be afford(~d :;n('il 
facilities as may be prescrib('d for amending his speeificatiOl" 
and ill th<: event of his failing to do so the controller shall. 
in accordance \";th such procedure as may be prescribed, dete!'· 
mine what reierencc, if any, to other specifications ought to he 
made in his specification by way of notice to the public. 
(3) For the purposes of this section an application shall he 
deemed to be prior to another application if the patent applied 
for when granted would be of prior date to the patent granted 
pursuant to that other application. 
(4) An appeal shall li,! trom the d~eision of the controller 
under this section to the law officer. 
(5) The investigations and reports requireJ by this and the last 
preceding section shall not be held in any way to guarantee the 
validity of any patent, and no liability shall he incurred by the 
:\finister or the controller or any officer of t!le :\Iinister \11' the 
controller by reason of OJ' in eorlneetioll with any ~nch in\'esti· 
gation or report or any pt'oceedings consC'qnent thereon. Investigation of 
specifications 
published subse· 
quent to 
application. 
22.-0n the acceptance of the complct~ spccification the Ad\·ertisement on 
rontl'olll'r ~hall ud\'Crtis(' the uC't't'ptallcc: antI the application acceptance of 
and spec!ifications, with the drawillgs (if any), shall be opell to complete 
publie inspection. specification. 
23.-After the acceptanl!e of a complete specification and uuti! 
the date of sealin~ a patent in respect thereof, or the expiration 
of the time for sealing, the upplicant shall have the like privileges 
and rights as if a patent for the invention had been sealed on the 
date of the acceptance of the complete specification: Provided 
that an applicant shall not be entitled to institute any proceed­
ings for infringement until a patent for the invention has been 
granted to him. Effect of 
acceptance o( 
complete 
specification. 
24.-(1) Any person may at any time within two month~ from OppositiC'n to 
the date of the advertisement of the acr.cptancc of a complete grant of p8unt. 
specification give notice at the Office of opp0~ition to the grant of 
the patent on any of the following grounds:-IP IN 11IIRL/D/l 
Page 15 
[1927. ] lndustdal and Commercial [No. 16.J 
(a) 
(IJ) Property (Protp.ction) Act, 192i. 
that the ap[Jlicant ohtained the invention it'om the oppo­
nent, or from a person (d whom he is the le~al repre­
sentative: or 
that th(' itlHlltion was puhlished in any c.)mpletc 
specification, or in ,lilY provisional specification 
followed by a ('ompletl~ specification. deposited ill the 
Patent Office in London pursuant to an application 
made in that {Jrlke within a period commeneinq fifty 
years b,d.)rl' the date of the application tor the patent 
the gr<lnt ot' which is bc-in!! opposed and endin~ un 
the date of the commencement of this Part of this Act; 
or 
(r,) that the invention was before the date of the applica­
tion published in any complete specification. or in any 
provisional specification followed by a complete 
specification, deposited ill the Officc pursuant to an 
application made under this Act or has been made 
available to the public by publication before the date 
of the application in any document (other than any 
such specification as is mentioned ill this clause or any 
'British specification published before the com!.Ilence­
Ulcnt of this Part of this Act) published in 8aorstat 
Eireartn or published prior to the establishment ot 
8ao1'stat Eirennn in the late ('nited Kingdom; or 
(cl) that the invention has been claimed in any complete 
specification ior a patent. in Saorstat Eireann which 
though not publishel.l at the date of the application tor 
the patent the grant ot which is opposed was depo!::it('~! 
pursuant to an application for a patent '\'hich is or wi!l 
!J::! of prior date to sHeh patent; or 
(c) that the nature of the in\"elition or the ma:llIcr in \';hieh 
it is to be performed is not sufficiently or fairly 
flescribed and ascertained in the complete specifica­
tion; or 
U) that the complete specification describes or claims an 
invention other than that described in the provisional 
specification, and that such other invention forms th~ 
subject ot an applicati.jtl made by the opponent in the 
interval between the leavin~ of the prodsional speci­
ncation and the leaving' or the complete specitieation; 
or 
(!I) that in the case .)[ an application tOI' a patent madG 
under the provisions or sub-section (1) 0;' sub-sec­
tion (2) of section 12 (which relates to applieations for 
patents in certain euses) of this Aet, the invention 
claimed or described ill the complete specification is not 
the same invention as the invention which was the 
subject of the application to the :\Iinister for Economic 
Affairs of the late Provisional Government of Ireland 
or the Minister ior Industry and Commerce or Saor­
stat Eireann or was the subject of the protection in the 
British dominion Ol' foreign state (as the ease may 
be) or 
<It) that in the cas(I of an application under the provisions of 
this Act relating to forei!!1l and I3ritish do-minion 
patents the speci6cation des~l'ib('s or claims an innn­
tion other than that tor which protection has been 
applied for in the foreign state or British dominion 
and that such other in\"ention forms the subject of an 
application made by the opponent in the interval be­
tween the leavin~ of the application in the foreign 
state or British dominion and thc leaving of the appli­
cation in Saorstat Eil'eann. 
hnt on no ether ground. 
~2) \Vhere such notice is gh"en the controller shall giv-e notic(' 
or the opposition to the applicant. and shall. on the expiration of 
tl\CJ~e t'vo months, after hearing- the applicant and the oppunent, 
if dC::Sll-VllS of being heard, decide the case. IP IN 11 IIRL/DI 1 
Pag~ 16 
[19~7.: Industrial and ('ollllJlercial [So. 16.J 
Property (Prf)tertio71) ..lrt. 1927. 
(:3) The d('l'isiol\ ,A the "'JIltl'"II, I' "hall be subject to appeal 
to the la\\" oltiecr. \\"ho shall. it required. Ill'ar the applicant and 
the opponent. if the 0PPOIlI'lit is. in his opinion. a person entitled 
to IJe 11 ,,:1 I'rl in upposition to thc ~rnnt oi the patenL and shall 
.lecide the case; and the law ot'tiCt'r ma\". ii he thinks fit. obtain 
the assistance of an expert. \rho shall b~ paiJ such remuneration 
as the law officer with the consent or the )Iinister for Finance 
may determine. 
25.-0) It then' is no oppositivl\. or. ill eusc of opposition. if Grant a.nd sea;ing 
the uetermination is in f:l\"ollr of the grant of a patent. a patent ~f patent. ' 
"hall. on payment or t111~ Pl'l'SI:riued [\:1', lie grume<l to the appli . 
.:ant, 01' in the t'asc of 0. joint application to the applicants jointly, 
and the <:011tl'ollcl' ;;;nall ('aUSt' tilt' patl'ut to be sealed with his 
official seal: 
Provided that wlrere-
(rt) an applicant has agreect 1Il writing to assign a patent 
when granted to another party or a joint applicant 
nnd refuses to procccd with the application; or 
(b) disputes arise between joint applicants as to proceeding 
with an application: 
the controller on proof of sllch a~reemellt to his satisfaction. 
or if satisfied that one or morc of such joint applicants ought to 
be allowed to proceed alone, may allow such other party 01' joint 
applicant to proceed with the appliL'atioil. alld may grant a patent 
to him. so howeyer that all parties interested shall b::! entitled 
to be heard herol'e the (,<)I1£1'oller, and ,111 appeal shall lie trom 
the decision of the etllltroller under this proviso to the law 
officer, 
(2) _\ patent shall be sealed as soon as may be, and not afL'f 
the expiration or eighteen months from the date of application: 
Provideu that-
('1) where the CtJlltroller has allowed an extension of the 
time within which a I'omplete specification may be left 
or accepted. a further extension of foUl' months aiter 
the said eighteen months shall be allowed for the 
sealing of the patent: 
(/1) will'!'.:' the scaling is d('I(\~'cd by an flppeal to the law 
offirer. or by opposition to the grant of the patent. the 
patent may be sealeel at sHch time as the law officel' 
01' the controller as the cnse may be may direct; 
(r) Il'here the patElnt is ~l'anted to the legal representativo 
of nil applicant Il'ho has died before the expiration of 
the time whioh wOl1l,l otherwise be allowed for sealing 
the patent, the patl'nt may be sealed at any time \"ithill 
tweh'e months after the date or his death i 
(I/) \rhl're an application for a British patent wag pending 
when the complete specification was deposited, tho 
controller may, without the pnyment of any fees, 
extend by sueh period or periods as he thinks fit the 
time a!lowec1 by this section for sealing the patE-nt: 
(c) where for un)" reason a patellt cannot be scaled within 
the period allowed by this section, that period may, 
on payment of the prescribed iee and on compliance 
with the prescribed conditions, be extended to such 
all extent as may be prescribed, 
26.-Where all application for a patent has been abandoned. or Abandoned or 
become \'oid, the specifications and dra\'·;ings (if any) accompany'· "oid applieation. 
ing or left in connection with su('h application. shall not, save as 
otherwise expressly pro\'ided by this .. \ct. at any time be open 
to public inspectiun or be published hy the ('ontI'01l('I'. 
27.-Except as otherwise expressly provided by thi .. Act, a Date of patent. 
patcnt shall be dated and sealed as of the date of the application: 
Pro\'ideu that no proceedings shall be takcn in respect of an 
illfl'illgt'lIlellt f;om!TIittcd Let'ore the acceptance of the complete 
:-;peciticatioll. Effect ,md form 
llf patent. 
Effect of 
existing British 
p&tents. JP IN I llIRL/DI 1 
Page 17 
[] 9:!7, ~ Illd It,.,,, dal awl COlllmercial r y(), 16.1 
Pro/Je!'t!1 (Protectio1z) .;ll't~ 19~7. - .. 
28.-1 I) Suuject t,) the provisions of thL) .\d l""l't'y pall'lI t, 
~ranted u1Ider this .'\o:~ awl ';":.:ctI with the offirial st.'al of :IH' 
l'ontroller shall 0PCI'ut." i.llltl hLi\'l' ('tT"",t anl1 ~hall Ill' l'XPI'('SSl'li 
! 11 operate and have effect-
(/1) to ('onier on the p~rson to whom the same i!) gl'antd 
his executors, aJ:uinistrators and assigns (in this sub, 
~cct ion collecth'ely l'cierl'eLi to as the grantee) the iull, 
sole, anLi cxr:insivc right, power and authority by hitn· 
s('lf, his aqents or licensees at all times so long as 
the patent remains in force to make, use, ('xel'cis(', all~! 
vend in Saorstat Eh'eallll the im'cntion in respect of 
which the patent is grant,~d: 
(I») tl) l"lnfer on the g-ranlee the sole rig'ht to ha\'c alHl enjoy 
the whole protit alld aci\'antag-e it'om time to till:c 
accruing by reason of the said invention during sueh 
p(,l'iod as the patent rcmains ill force: 
(I;) to prohibit all persons whatsoever in Saorstat Eireann 
while the patent remains in force irom making use of 
or putting- in practice the said invention or any par~ 
thereoi, or in anywise imitating the same, or in any­
\\'£se reprcsenting or pretending themselves to ve ~hc 
inventors of thc said innntion or of the said invention 
with any addition thcreto or subtraction therefrom 
without the consent, licencc or agreement of the 
grantee in writing under his hand and beal: 
(d) to make all persons who, while the patent remains in 
force, shall, in Saorstat Eireann, in anywise infrLq~e 
any right, power, or authority expressed in the patent 
tl) be thereby conIerred on the grantee or do any act, 
mattef, or thing the doing of which is expressed in 
the pat~llt to bE thereby prohibited, answerable !lccord­
ing to law to the grantee for such infringem('nt or the 
doing or such act. matter, or thing. 
t~) E\'ery patent shall be in the prescribed form and shall be 
granted for one invention only, but the specification may contain 
more than one claim; and it shall not be competent for any 
person in an action or other proceeding to take any objection t<4 
a patent on the ~I'onlld that it has been granted for more than 
one invention, 
7.9.-( 1) Every patent gl'untetl by the Patent Office in London 
hel'ol'e the commencement of this Part or this Act shall have and 
be deemed always to have hud in Saorstat Eireann during thE! 
period between the 6th dav of Decembel'. 1921, or the date 01 
such patent (whicheveL" is the later) and the com­
mencement of this Part of this Act the same force and effect as 
such patent had during that period in Great Britain, but from 
Rnd after the commencement of this Part of this Act e\'ery such 
patent shall (notwithstanding that it bears a date prior to the 
passing at this .-\et or to the commencement of this Part of this 
Act) be dp.emed to be a patent granted under this ~\et as of the 
date such patent actually bears and shall have immediately on 
the commencement of this Part of this .\ct the same force and 
effect in Saorstat Eireann as ~uch patent had in Great Britain 
immediately before such commencement and shall thence~orth have 
and be su'bject to all privileges, liabilities and incidents con­
ferred or imposed by this _\l!t 01' otherwise by law on patents 
granted under this Act, 
(2) ~o fE'es shall be payable under this Act on any such 
patent as is mentioned in the r'oregoing sub-section in respect of 
anything done or any periolI of time expired before the corn, 
mencement or this Part 01 thi~ Act, but the like fees shall be 
payable on e\'(~ry such patent in respect of everything done and 
every period ot time expiring a (ter the commencement of this 
Part or this Act as would ha\'e been payable if such patent had 
been a patent granted under this Act on the date actually borne 
by such patent notwithstanding that ~l1ch date is prior to the 
passing or this A<'t or to t he commencement of this Part of 
this Act. IP IN 11 IIRL/D 11 
Page 18 
[1927, J Industrial and Commercial r.So, 16.J 
Propel't!! (Prot P(·tio71) .-lf'(, lD:2~, 
~:3) Every patent ~rallted by the Patcnt Uitice in Luudoll ulter 
the commencement ol this Pal t 01 this .. \.ct :lllU bearing date as 
of a day prior to sueh commenc-emellt shall (not.withstanding that 
it bears a date prior t.) the passillg' of this ~\ct or to the com­
mencement or 1 his Part Of thi:; Act) be deemed to be a patent 
granted undeL' this _-let as or the date such patent !lctuully bears 
awl accordingly l'\"t.~l'y 'iueh patent shall ha\"e the like force al1(l 
effect in ~aorstat Eil'cann as i~ would have hall it it had ucen 
;;rantc-d unt\eL' this ,Att a:. or: i he date it aetGally bears but with 
and subject to all priviieqes, liabilities. and incidents conierred 
l't' imposed by this Act on patc"nts granted under this .. \ct. 
~4) Xo iees shall be payable uuder this Act on auy such patent 
as is mentioncl.l in the next r0regoin~ sub-seet:on in respect ot 
anything' Ilolle 01' any pcrio'l I.d time expired berore the actual 
grant or' The patent. hut the like rc-cs shall IJC payable on eyery 
such patent in respect of eWl'ything done and e\ery pedod or 
time expiring aiter the actual grant or the patent as would have 
heen payable on such patent if such patent had been a patent 
granted under this Act on the date borne by such patent notwith­
~ta11l.1ing that such date is prior to the passing or this Act 01' to 
the commencement ot this Part or this _let. 
i,,-l) In en!', ... · case ill ""hidl a el)mpiete~pecirl('ati('ll ha::; been 
aec£:pted b~-r he Comprroller-UC'!1eral ,-.[ the Patent Office in 
London hciol'€ the I~()lnmencernent (d ihi:-; Part or this Act 
~whether beil)l'e IH' aiter the pa~sil\!! ot' this .\et) and the patent 
!Jur:.;uant thereto has nCJt been sealed and the time IOl' such sealing 
ha..; 11Iit 1':o;pit"t'll ;I; the I.'IIlllnlC"!l\'CIlll'lit rJi thi:,; Pal"! or thi .. .let, 
rlll> ;';'i.l:"a!~~ 1' .. 1' 'I\,"h I,;,i~'l-.r .;,<\;! dql'i;,~ :;",(: tint,:· L,:I\\"'_"c:I ill,": 
·ia:o:', "~" 'tl,"lt '!':'""!"<li;'"t:" I .• ,' :i:I.' ;,'h oi .... : "j" [)"'I:('mh" I'" 1!.1:Zl '-whio:ll­
('\"H I,la!!..' ;;-. iiil~ laid",1 ;11:,[ dll.' ,~I..'il:;il:": 1.( rile' p<\tt'lii 1)1" the cXP:l':l­
tiull ut the titll(~ (,)t' :,caiing ha\"(~ a\lJ be lleeI11ed L11ways to have 
had the like privilcg:es and L'i~ht::) ill Saol'stat Eireann as if n. 
patent tor the im'cntion had been granted to oim uncle!' this Act 
Oll the date 1)£ the applicil~ion to the Patent Office in London for 
~uch patent nl!t\\"ith~tanding that such bst-mentioned date is prior 
to the pas!';ing of this .. \.ct 01' to the commencement: or this Part 
of this Act, but the said applicant shall not be entitled to insti­
tute in Saorstat Eireann any proceedings ior iniringement until 
a patent which by virtne or this section is deemed to be a patent 
granted under this Act has been granted to him for the invention. 
(6) Xo ices shall be receh-able in the Office in respect of any 
such patent as is m~ntioned in this section unless or until certified 
copies or the l'ntries in the British register reiating to the patem 
have been furnished to the controller for recistration and a 
copy of the complete specification on which the B-ritish patent wa, 
granted has heen lo.lged with the controller, hut the failure to 
lodge such copies shall not rclic\-e from the liabilit~- to pay any 
iees (II' irom rhl' ,"'f)ll:<l'fIlll'!leeS 1)[ the non-payniellt thereof. 
!. 7) The huldct, oi a patent which by ,irtue of this section i..; 
deemed to he a patent ~rallted UlH.ler this Act shall not be ell­
titletl tl) apply for 01' he granted under this "Act any other patent 
for the iltVelltion Ior which such first-mentione(l p:2tent wa., 
granted, 
30.-( 1) ..:\ patent granted to the true and first innlltor shall Fraudulent 
not be invalidated by an application in frand of him, or by pro-applications for 
visional protection obtained thereoil, or by any use or publication patents. 
of the invention subsequent to that iranc1nlent application during 
the period of provisional protection, 
(2) \Vhere a patent has been revoked by the court on the 
ground that it has been obtained in fraud of the true and first 
inventor. or where the grant has been refused or reyoked on the 
ground that the applicant or patentee obtained the inHntion from 
another person, the controller may, on the application of the 
true inHntor made in accordRnce with the provi!lion~ of this 
Act, grant to him a patent for the wht)l~ 01' any part of t~:E 
invention in lieu of and bearing the same date as the patt·nt se 
revoked, or as would htn'e bcen home i>y the patent if the g:I'ant 
thereof had not been refused: Smgle patent 
for cognate 
innntions. 
Term of patent. 
Effect of 
failure to 
pay fees. 
Extension at. 
term of patent. IP IN/1IIRL/D/1 
Page 19 
[l92i.: lndllstrial and Commercial [So. 16.J 
Property (Protection) A ct~ 1927. 
Provided that no action shall be brought for any infringement 
of the patent so granted committed. before the actual date wht'n 
such patent was granted. 
31.-(1) Where the same applicant has put in two or more 
provisional specifica.tions lor inventions whic~ are cognate or 
modifications one of the other. and has obtamed thereby con­
current provisional protection for the same. and the controller 
is of opinion that the \",hole of such inventions are such as to 
eonstitute a single invention and may properly be included in 
one patent. he may accept one complete specification in respect 
of the whole of snch applications and grant a single patent 
thereon. 
(2) Such patent shall bear the date of the earliest of such appli­
cations, but in considering the validity of the same, and in deter­
mining other questions under this Act, the court or the 
controller, as the case may be, shall have regard to the respective 
dates of the provisional 3pecifications relating to the several 
matters described therein. 
32.-The term limited in every patent for the duration 
thereof shall. save as othcr\'w'ise expressly provided by this Act, 
be sixteen years from its uate. 
33.-(1) A patent shalL notivithstanding anything therein or' 
in t:lis ~\(:t. e~a~(: it and "\'hE-never the patentee fails to pay a 
prf:scl'ihd r:.:f: b relation thereto within the prescribed tlme or, 
where that time is extended under this section, within such ex­
tension or that time. 
(2) The controller may on the application at any time of the 
patentee under a British patent which by virtue of this Act is 
deemed to have been granted under this Act and with0ut the 
payment of any additional fee extend for any period not exceed­
ing six months from the commencement of this Part of this Act 
the prescribed time for the payment of the first fee which be­
comes payable under this Act in respect of such British patent. 
(3) In any case not coming within the foregoing sub-section 
the controller shall on the application at any time of the 
patentee nnd payment by him of such additional fee as shall be 
prescribed extend for such period not exceeding three months 
as is so applied for the prescribed time for the payment of any 
prescribed fee in relation to any patent. 
(4) If any proceeding is taken in respect of an infringement 
of the patent committed after a failure to pay any fee within the 
prescribe,J time, and before any enlargement thereof, the court 
before which the proceeding is taken may, if it thinks fit, refuse 
to award any damages in respect of such infringement. 
34.-(1) A patentee may, after aclvertising in manner provided 
by rules of the court his intention to do so, present a petition to 
the court praying that his patent may be extended for a further 
term, but such petition must be presented at least six months 
before the time limited for the expiration of the patent: 
Provided that the court may in its discretion extend such period 
within which such a petition may be presented. . 
(2) Any person may give notice to the court of objection to the 
exte~on. 
(3) On the hearing of any petition under this section the 
patentee and any person \ .... ho has given such notice of objection 
shall be made parties to the proceeding, and the controller 
shall be entitled to Rppear 8nd be heard. and shall appear if so 
directed by the court. 
(4) The court, in considering its decision, shall have regard to 
the nature and merits of the invention in relation to the public. 
to the profits made by the patentee as such, and to all the circum­
stances of the case. IP/N I llIRL/DI 1 
Page 20 
r1927.J Industrial and Commercial [.Yo. f6.J 
Propert!J (Protection) Act~ 1927. 
(5) If it appears to the court that the patentee has been 
inadequately remunerated by his patent, the court may by order 
extend the tenn of the patent for a further term not exceeding 
!h'e years. or. in exceptional cases, ten years, or may order the 
grant of a new patent for such term as may be specified in the 
order and containing a.ny restriction, conditions, a'ud provisions 
the court may think fit. 
35.-(1) ,\Vhen a patent for all invention has beEn applied for 
or granted under this .Act or a patent is by virtue of t}js Act 
deemed to be a patent granted under thLs Act. and the applicant 
or the patcntel'. as the case may be, applies for a iurther patent 
in respect or ally improvement in or modification or the inven­
tion, he may. if he thinks fit. in his application 101' the inrther 
patent. request that the term limited in that patent for the dura· 
tion thereoi be the same as that of the original patent or so much 
of that term as is unexpired. 
(2) ,\Vhere an application containing such a request is made, 
a patent (hereinafter referred to as a patent of addition) may 
be granted for such term as arores:1.id. 
(3) A patent or :lddition shall remJin in forcl~ so Ion!:! as the 
patent for the original inwntioIl remains in force. but no longer, 
and in respect of a patent of addition no fces shall be payable 
for renewal: 
Provided that. if the patent for the original invention is 
revoked, then the patent of addition shall. if the court or 
contl'Ollt:l' ",) l)l·,l.:n. :."-'·om,.' Jll ir:'!'_lk::,j."';!t p,::t'nt. ,":n.] tlH' 
fees payabl~. ;ll~1.1 th, I:;:tt':'; \":~:(:ll t!:t'y bu'ome payabt.." ~h;111 1)(. 
determined by it.~ d,~tl:. hut its clul':.lti'm shall not exceed the 
unexpired term of the patent for the original invention. 
(4) The grant of a patent of addition shall be conclusive e\i· 
dence that the invention is a proper subject for a patent or 
addition, and the validity of the patent shall not be questioned 
on the ground that the invention ought to have been the subject 
of an independent patent. Patents of 
addition. 
36.-(1) ,\Vhere any patent has become void o\\-ing to the Restoration of 
failure of the patentee to pay any prescribed fee within the Inpsed patents. 
prescribed time. the patentee may apply to the controller in 
the prescribed manner for an order for the restoration of the 
patent. 
(2) Every such application shall contain a statement of the 
circumstances which have led to the omission of the payment 
of the prescribed fee. 
(3) If it appears from such statement that the omission was 
unintentional and that no undue delav h:J.s occnrred in the makin!! 
of the applicati0n. the controller sh~ll advertise the applicatio~ 
in the prescribed manner, and within such time as may be pre­
scribed any person may give notice of opposition at the Office. 
(4) Where such notice is given the controller shall notify the 
applicant thereof. 
(5) After the expiration of the prescribed period the 
controller shall hear the case and issue an order either restoring 
the patent or dismissing the application: Pro\idec1 that in e .... ery 
order under this section restoring a patent such provisions as 
may be prescribed shall be inserteu for the protection of persons 
who may have availed themselyes of the subject.matter of the 
patent after the patent had been announced as void in the 
Journal. 
(6) An appeal shall lie from the decision of the controller 
under this section to the court. 
37.-( 1) _\n applicallt or a patentee may at any time. by re· Amendment ot 
quest in writing left at the Office, ~eek leave to amend his sped. specification by 
fication, including drawings forming part thereof, by way of controller. 
disclaimer, correction, or explanation, stating the nature of, and 
the reasons for, the proposed amendment. IP IN IllIRL/D/l 
Page 21 
'-IH~i. {wiuslrial ([lid COllllllfl'cial [Xo. 16.] 
Amendment of 
sl"1cification by 
the court. 
Restriction on 
damages where 
specification 
amended. 
Provisions as to 
patents indorsed 
., licences o! 
right." /.J:-0j)('/,I:; (!'r!',',,.,',',)/,') ,/('t. 1!)2i, 
f,:.!) Th,~ req~.It:st a 111.1 the l1;ltlll'l~ •. d the proposed amendment 
;jh<lll bl~ ad\,f~nis(',l in t I~e PI'(·scribCtl maUll(·r. and at any time 
within olle month it'om its first a(h-~rtiseUlent any person may 
g";ve notice at thc Offi(:c ot opposition to the amendment. 
(:3) Wht:r.~ sHell a llotiee i:; given the controller shall give 
notice or thl.! oPP,)sirion to the person making the request, and 
shall hear anu r.lccicle the· case, 
(-1:) WheL'c 1.0 notice ot opposition is given, or the person so 
::rh'in:! IJI)tb: .jI (ipposilioll dOl's not appear, the controller shall 
.lcterminc whether and subject to what conditions, if any, the 
amcndmellt oug-ht to b,~ allowed, 
• .) 'I Th~ I.l~d"i,)n r)t the el)JltrullH in either case shall be sub· 
j~ct to all :!pp(·al t·) the law ofricer, who shall, if required, hear 
the lld'SOIl making the rel1uest to amend and, where notice of 
opposition has been giH:Il, the person gh-ing that notice, if he is, 
in the opinion or the la w officer, entitled to be heard in opposition 
to the request. and. where there is no opposition. the controller, 
uild mu v make an order ueterminin!! whether and subject to wha t 
c:onditi~ns (if any) the amendment- ought to be allowed, 
"I)) Xi) nm·:'!l • .lment shall be allowed that would make the 
sp •. 'dnc~til)jl. ;lS iHtlCnt1e:d. (kset'ibe an im'ention substantially 
tli'~er than 'H' s~lbsta!lti;jlly l.1iri:'c·Z'.:llt from the invention described 
!JY til~ spec:inc .. :.tion as it stoo • .l bc·fore: amendment. 
('j) L(· .. t \'c to amend shall b,~ eon<:lusive as to the right of the 
P,it':y to rnilk.:· rh: a!ll('lHlmcm all,)wcd, except in case of fraud; 
;:'::[ ill:,' ;;:,'i·i:':~:~.:!i!" ~:!dl l,.; ;\,i-:":'ti~(,,.1 in the pl'l'seribcll manner, 
;:l .• j ~; di ~:: :_:~ ",n::.'. ,11)1: :',.: .• :1: F~lI'P'jS"S b.~ d-:,t'tiled to i')l'm 
! I,.tt ui rh~ sp(:eincatioll: 
l'1'0\'ide..t rhat a court shall be entitleu in construing a spccifica­
,it'll as a!11('n,]I:t.l to rd(:r to the specification as accepted and 
puLlished. 
(8) This section shall not apply ",'hen and so long as any action 
for illirin~'C'Ql(,i:t oe proceeding' before the court for the revocation 
or a patent is pending. 
38.-111 any action Ior infringement of a patent or proc:edings 
ueiore <.'t court ior the revocation or a patent, the court may by 
orcler allow the patentee to amend his specification by \'-lay of 
disclaimer, conecrioll, or explanation in such manner, and sub· 
ject to such terms as to costs. ulln:rtisements, or otherwise, as 
the court may think fit: 
Provided that no amendment shall be so allowed that would 
make the spccincatioll, as amended, describe an invention sub· 
stalltially 1nr£;cr than. or substantially different from, the inven· 
lion dcscrib0.-1 1)', the: sl)(cil~'~,lt:Ol\ [,~ it stood before the amend­
!t1'~Ilt. J.I:\l "\'h,:~'; all apillieatioll i(ll' :mch nil order is made to the 
t:OUl't lIoticL' '.d the applieation shall be given to the eontrollE:r, 
and till' eOlltl'olkl' shall haH the ri!!ht to appear and be heard, 
and '5hail appear if so directed by the comt. 
39.-"-herL an am(-llCbl • .'llt 0 [ a specifil:ation hy way of dh;· 
claimer, correcIion, or explanation. has been allowed under this 
.'\'ct, no damu~t:s shall be gi\'t:n ill any action in respect of the 
llse or the invention before th,: dare of the decision allowing the 
amendment. unless the patentee establishes to the satisfaction of 
the court that his orig'inal description was iramf!d in good faith 
and with reasonable skill and knowledge. 
40.-;1) A~ any tiUle ai~el' the sealing of a patent the 
<.:ontroller shall. if the patentee so reqUEsts, cause the patent 
tl) be indorsed \\'ith the \\"(lrds " licl'llces of right," and a corres­
ponding entry to be made in the register. and thereupon-
(a) nny person shall nt anv time thereafter be entitled as 
ot right. to a licence u"lldcr the patt:nt upon such terms 
as, in derault of a\Sreemeut, may be settled by the 
eontroller on the applieati0u of ~ither the patentee 01' 
the applicant: IP IN 11 IIRL/DI 1 
Page 22 
[ 1927·1 Industrial and Commercial [No. 16. J 
Property (Prote('tion) ..tct. 1927. 
Provhlcd that any liccnce the terms of which arc 
s('ttled by agreement shall be deemed, unless otherwise 
expressly provided, to include the terms and condi­
tions specified in paragraphs (c) and (d) of this sub­
section as ii they had been imposed by the controller 
thereunder in like manner as if the terms had beell 
settled by the <.:ontroller; 
(b) in settling the terms of any such licence the controller 
shall be guided by the following considerations-
(i) he shall, on the one hand, endeavour to secure 
the widest possible user of the invention in 8aorstat 
Eireann consistent \\;th the patentee derh;ng a 
reasonable advantage from his patent rights, 
(ii) he shall, on the other hand, endeavour to 
secure to the patentee the maximum advantage con­
sistent \,,;th the invention being worked by the 
licensee at a reasonable profit in 8aorstat Eireann. 
(iii) he shall also endeavour to secure equality of 
advantage among the several licensees, and for this 
purpose may, on due cause being shown. reduce the 
royalties or other payments accruing to the patentee 
under any licence previously granted: 
Pro'dded that, in considering the question of 
equality oi advantage, the controller shall take into 
account any work done or outlay incurred by any 
previous licenst~e \\'ith a vicw to tcsting the commcrcial 
value of the im'ention or to securing- the working 
thereof on a commercial scale in Saorstat Eireann: 
(c) any such licence the terms of \vhich are settled by the 
controller may be so framed as to preclude thE: 
licensee from importing into Saorstat Eireann any 
goods the importation of \vhich, if made by persons 
other than the patentee or those claiming under him, 
\'[ould be an infringement of the patent, and in such 
a case the patentee and all licensees under the patent 
shall be deemed to have mutually covenanted against 
such importation j 
(d) every such licensee shall be entitled to call upon a 
patentee to take proceedings to prevent the infringe­
ment of the patent, and if the patentee refuses, or 
neglects to do so within two months after being so 
called upon, the licensee may institute proceedings for 
the infringement in his own name as though he were 
patentee, making the patentee a defendant. A 
patentee so added as defendant shall not be liable for 
any costs unless he enters an appearance and takes 
part in the proceedings. Service on him may be 
effected by lea .... ;ng the writ at his address for service 
given on the register; 
(e) if in any action for infringement of a patent so indorsed 
the infringing defendant is ready and willing to take 
a licence upon terms to be settled by the controller, 
no injunction against him shall be awarded, and the 
amount recoverable against him by way of damages 
(if any) shall not exceed double the amount which 
would have been recoverable against him as licen.see 
if the licence had been dated prior to the earliest 
infringement: 
Provided that this paragraph shall not apply where 
the infringement consists of the importation of infring­
ing goods; 
(I) the renewal fees payable by the patentee of a patent so 
indorsed shall, as from the date of the indorsement, be 
one moiety only of the fees which would otherwisp. 
have been payable; Revocation of 
patents by 
ccurt. 
Revocation ot 
patents by 
controller. [1927. ~ Industrial and Commercial 
Property (Protection) Act, 1927. IP/N/I/IRL/D/l 
Page 23 
[.Vo. 16.] 
(2) The controller shall, before acting on any request to 
indorse a patent made by the pa tcntce under this section, adver­
tise such request in the Journal. and shall satisfy himself that 
the patentee is not precluded by contract from making such 
request, and for that purpose shall require from the patentee 
such evidence, by statutory declaration or other\,,;se, as he may 
deem necessary: 
Provided that a patentee shall not be deemed to be so pre­
cluded by reason only of his having granted a licence under the 
patent where the licence does not limit his right to grant other 
ncences. 
(3) Any person. alle~ing that a request under this section has 
been made contrary to some contract in which he is interested, 
may apply to the controller within the prescribed time and in 
the prescribed manner, and the controller, if satisfied of the 
truth of such allegation, shall refuse to indorse the patent pur­
suant to the request, or shall cause the indorsement. if already 
made, to be cancelled. 
Any order under this sub-section shall be subject to appeal 
to the court. 
(+) All indorsemE'nts of patents under this section shall be 
entered on the register or patents and shall be published in the 
.Journal and in such other manner as the controller may deem 
desirable for the purpose of bringing the invention to the notice 
of manufacturers. 
(5) If at any time it appears that in the case of a patent so 
indorsed there is no existing licence the controller may, if he 
thinks tit, on the application of the patentee and on payment by 
him of the unpaid moiety of all rene\val fees which have become 
due since the indorsement, after due notice cancel the indorse­
ment, and in that case the patentee's rights and liabilities shall 
be the same as if no such indorsement had been made. 
41.-(1) Revocation of a patent may be obtained on petition 
to the court. 
(2) Every ground on which a patent might formerly at com­
mon law have been repealed by scire facias shall be available by 
way of defence to an action of infringement and shall a1<;0 be a 
gronnd of re,'ocation under this section. 
(3) A petition for revocation of a patent Dlay be presented­
(a) by th:: law officer or any person authorised by him i 
or 
(h) by any person alleging-
(i) that the patent was obtained in fraud of his 
rights, or of the rights of any person under or 
through whom he claims, or 
(ii) that he, or any person under or through whom 
he claims, ,vas the true inventor of any invention 
included in the patent, or 
(ill) that he. or any person under or through 
whom he claims an interest in any trade, business, 
or manufacture, had publicly manufactured, used, 
':>1' sold, within Saorst8ot Eireann, before the date of 
the patent, anything claimed by the patentee as his 
invention. 
42.-(1) Any person who would have been entitled to oppose 
the grant of a patent, or is the successor in interest of a person 
who was so entitled, may, within one year irom the grant of the 
patent, apply to the controller lor an order revoking the patent 
on anyone or more of the grounds on which the grant of the 
patent might have been opposed: 
Provided that when an action for infringement or proceedings 
for the" revocation of the patent are pending in any court, an 
application under this section shall not be made except with the 
l~ave of the court. JP IN I I/JRL/DI 1 
Page 24 
[1927.J Industrial and Commercial [No. 16.J 
Property (Protection) A. ct, 1927. 
~2) The controller ::;ball ~i\"e notice or the application to the 
patentee, and aiter hearinl{ the parties, if desirous of being heard. 
may make an order revoking the pateut or requiring the specifica. 
tion relating thereto to be amended by disclaimer, correction, or 
explanation, or dismi§ing the application; but the controller 
shall not make an order revoking the patent unless the circum· 
stances are such as would have justified him in refusing to grant 
the patent had the proceedings been proceedings in an opposition 
to the grant of a patent. 
(3) A patentee may at any time by giving notice in the pre­
scribed manner to. the controller offer to surrender his patent, 
and the controller may, ii after giving notice of the offer and 
hearing all parties who desire to be heard he thinks fit, accept 
the offer, and thereupon make an order for the revocation of the 
patent. 
(4) Any decision or the cOlltroller under this section shall be 
subject to appeal to the court. 
43.-(1) _-\ny person interested may at any time apply to the Prevention of 
controller alleging in the case of any patent that there bas abuse Of . hts 
been an abu~e of the monopoly rights thereunder and asking for monopo Y rig . 
relief under this section. 
(2) The monopoly rights under a patent shall be deemed to 
have been abused in any or the following circumstances:-
(a) if at any time after the expiration of three years. in the 
case of a British patent which is by \irtue of this Act 
(leE-met! to ha\';; been Q"r-unted under this _-\.ct. rr::J!ll the 
C()mm0n'~cm':!lt oI This Part of this .-'-ct, or in t!1e case 
ot any other pate-nt, from the date of the application 
ror the patent. the patented invention (being one cap­
able of being worked in Saorstat Eireann) is not being 
worked withill Saorstat Eireann on a commercial 
scale, and no sati.5factory reason can be givrn fvr such 
non-working: 
Provided that, if an application is presented to the 
controller on this ground, and the controller is of 
opinion that the time \'lhich has elapsed since the date 
of the patent has by reason of the nature of the 
invention or for any other cause been insufficient to 
enable the invention to be ,vorked \"ithin 8aorstut 
Eireann 011 a commercial scale, the controller may 
adjourn the application for such period as will in his 
opinion be sufficient for that purpose; 
(b) if the working of the invention within Saorstat Ein'ann 
on a commercial scale is being prevented or hilldered 
by the importntion from abroad of the patented article 
by the patc:1tI:e or persons claiming under him. or by 
persons (lireetly or indirectly purchasing from him, or 
by other pl'rsons against whom the patentee is not 
taking or h~s not taken any proceedings for infringe. 
ment; 
(c) if the demand for the patented article in Saorstat Eireann 
is not beill!? met to an :ldequate extent and on reason· 
able terms. regard being had amongst other circum­
stances, to the potential demand that might be evoked 
if the patented article were sold at a lower price; 
(d) if the price at which the patented article is sold is, having 
regard to all the circumstances, unreasonably high in 
~omparison with that at which the article is sold in 
other countries; 
(e) if, by reason of the refusal of the patentee to grant a 
licence or licences upon reasonable terms, the trade or 
industry 0i Saorstat Eireann or the trade of any 
person or class of persons trading in Saorstat Eireann, 
or the estahlishmcnt of anv new trade or industry in 
Saorstat Eireann is prejudiced. and it is in the p~blic 
interest that a licence or licences should be granted; IP/NIlnRL/DI 1 
Page 25 
I ndustrial and Com.mercial [ No. 16.] 
Property (Protection) Act, 1927. 
(n if any trad~ or industry in Saorstat Eireann or any 
person or class of persons en~aged therein. is unfairly 
pt·ejud.iced hy the conditions attached by the patente~ 
wh('ther before or after the pa..<;sing of this Act. to th'e 
purchase. hirl'. licence, or use of the patented 'utich:. 
or to thc using or working 01 the patented proce~s: 
Provided that, for the purpose of determirullg whether thert! 
has been any abuse of thc monopoly rights under a patent, it shall 
be taken that patents for new im'entions are granted not only 
.to encourage invention but to secure that new inventions shall 
so far as possible be worked on a commercial scale in Saor8t8.t 
Eircann without undue delay. 
(3) On beillg satisfied that a case of abuse of the monopoly 
rights under a patent has been established. the controller may 
exercise any of the iollowing' powers as he may deem expedient 
in the circumstances :-
(a) he may order the patent to be indorsed with the words 
"licences of right" and thereupon the same rule[ 
shall apply as are provided in this Act in respect 01 
patents SI) indorsed, und an exercise by the controller 
of this power shall entitle every existing licensee to 
apply to the controller ior an order entitling him to 
surrender his licence in exchange for a licence to be 
settled by the controller in like manner as if the 
patent had been so indorsed at the request of the 
putentt-t". al\d thr~ \'l)lltl'ol!t:L' may makl' ~nch order: 
lintl all Ol'dCl' that a patellt be so illdorsetl may be madl! 
llvt\\'ith::iti.llldill~ that therc may be an aqreement sub­
sisting which would have precluded the indorsement 
,if the patent ut the request of the patentee; 
(b) he may order the grant to the applicant of a licence on 
:such terms as the controller may think expedient, 
including a term precluding the licensee from import· 
ing into 8ao1'stat Eireann any goods the importation 
of which, if made by persons other than the patentee 
or persons claiming under him, would be an infringe­
ment of the patent, and in such case the patentee and 
all licensees for the time being shall be deemed to have 
mutually connanted against such importation. _'­
licensee under this paragraph shall be entitled to call 
upon the patentee to take proceedings to prevent 
infringement of the patent, and if the patentee refuses, 
or neglects to do so within t,vo months after being so 
called upon, the licensee may institute proceedings 
fOl' infringement in his own name as though he were 
the patentee. ruakinq- the patentee a defendant. A 
patentee so nddetl as uefendant shall not be liable for 
any costs unless he el1t('rs an appearance and takcs 
part in the proceedings. Service on him may be effected 
by leaving the wrlt at his address for service given on 
the register. In settling the terms of a licence nnder 
t his paragraph the controller shall be guided as far' 
as may be by the same considerations as are spedfied 
in this _-\.ct for his guidance in settling licences under 
patents indorse-d " licences of right J' j 
((') if thl' controller is satisfied that the invention is not 
being worked on a commercial scale within Saorstat 
Eireann, and is such that it cannot be so worked 
without the ex.penditure of capital for the raising of 
which H will be necessary to rely on the patent mono­
poly, he may. unless the patentee or those claiming 
under him ,dll nndertake to find such capital. order 
the grant to the applicant. or any other person, or to 
the applicant and any other person or persons jointly, 
if able and willing to provide such capital, of an ex­
clusiye licence on sueh terms as the controller may 
think jll~t, but suujee' as hereinafter provided; JP IN 11 IIRL/DI 1 
Page 26 
(d) lndustrial and Commercial [.Vo, 16.1 
Property (Protection) A et, ID:.a, 
jf t he controller is satisfied that the objects of this 
section cannot be attainld iJy the exercise of any of 
the foregoing powers. he may order the patent to be 
revoked. either forthwith or after snch reasonable 
intcnal as may be specified in the order, unless in the 
meantime such conditions as may be prescribed in the 
order with a view to attaining the objects of this 
section are fulfilled. and the controller may, on 
reasonable cause shown in any case, by subsequent 
order extend the interval so specified: 
Provided that the controller shall make no order 
for revocation which is at variance with any treaty, 
convention, arrangement. or engagement \vith any 
foreign country or British dominion maue by or bind­
ing on Saorstat Eireann; 
(e) if the controller is of opinion that the objects of this 
section 'will be best attained by making no order under 
the above provisions of this section, he may make an 
order refusing the application ::.nd dispose of' any 
question as to costs thereon as he thinks just. 
(4) In settling the terms of any such exclusive licencc as is 
provided in paragraph (c) of the last preceding sub-section, due 
regard shall be had to the risks undertaken by the licensee in 
pro\iding the capital and ''lorking the invention, but, subject 
thereto, the licence shall be so framed as-
(a) to secure to the patentee the maximum royalty corn· 
patible with the licellsee 1\'0rki!l!! tlte ill\"(~lltioll withill 
Saorst1.it Eireallll 011 a comrnct'eiul scale anJ at a 
reasonable profit; 
(b) to guarantee to the patellte~ a minimum yearly. sum by 
way of royalty, if and so far as it is reasonable so to 
do, having regard tQ the capital requisite for thc 
proper working of the invention and all the circum­
stances of th~ case; 
and, in addition to any other powers expressed in the licence Qr 
order, the licence and the order granting the licence shall be 
made revocable at the discretion of the controller if the Licensee 
fails tQ expend the amount specified in the licence as being the 
amQunt which he is Ilble and \\illing to provide for the purpose 
of working the invention on a commercial scale within Saorstat 
Eireann, or if he fails so to ' ... ·ork the invention "dthin thc time 
specified in the order. 
(5) In deciding to whom such an exclusive licence is to be 
granted the controllel' shall. unless good reason is shown to the 
contrary, prefer an existing licensee to a person having no 
registered interest in the patent. 
(6) The oruer granting all exclusive licence ulIder this section 
shall operate to take away from the patentee any right which he 
may have as patentee to work or usc: the invention and to revoke 
all existing licences, unless otherwise pro .... ided in the order, but 
on granting an exclusive licence the controller may, if he thinks 
it fair and equitable, make it a condition that the licensee shall 
give propel' compensation to be fixed by the controller for any 
money or labour cxpt>nded by the patentee or any existing licensee 
in developing or exploiting the invention. 
(7) E"ery applieation pI't'.<;ented to the \:ontl'oller under this 
section must set out fully the nature of the applicant's interest 
and the facts upon which the applicant bases his ease and the 
relief which he seeks. The application must be accompanied by 
statutory declaratiolls nriiying the applicant's interest and the 
facts set out in the application. 
(8) The controller shall ('onsiller thl' luatters alleged in the 
application and declal'atiolll':. and, jf satisth'd thnt thc applicant 
has a bona fide interest and that II prima facie case for relief bas 
been maue out. he shall direct the :Ippli<:<lllt to !H'l'\'C copies of tlw 
application nuu declar<itions upon the patentee and I1pon all." 
other persons appearing irolU the register to be inter!;ste1i in ti1,' 
patent, and shall ad\'crtise the application in the Journal. Operation ot 
order for grant 
of licence. 
Register ot 
pntents.. IP IN 11/IRL/D 11 
Page 27 
'·192i.; Indllstrial and Contllll'rrial CYv.16.: 
Pl'ojJf'l"ly (Protectiun) Act, 1927. 
(9) If the patent~e or any person is desirous of opposin~ tIll' 
granting of any relief under this section, he shall, within such 
time as may be prescribed or within such extend(',i time a'; thl' 
controller may on application t:'urth~r allow. deliyer to the 
contl'oll~l' a counter statement n:rified by a statutory declara· 
tion fully setting out the grounds on which the application is tl, 
be opposed. 
(10) The controller shall consider the counter statemcnt and 
declarations in support thereof and may thereupon dismis~ the 
application if satistled that the allegations in the application have 
been adcquatr:ly ans\\·et·ed. unless any of the parties demands a 
hearing or unless the controlle:r himself appoints a hearing. In 
any I:use the controller ruay require the att~ndauce before him 
of an v of the declarants to be cross-examined or further examined 
upon' matters revelant to the iS5ues raised in the application and 
counter statement, and he may, subject to due precautions against 
disclosure of information to rivals in trade. require the produc­
tion before him of books and documents relating to the mattf'r in 
issue" 
(11) All orders of th(' controlleL' nnltl:r this section shall he 
subject to appeal to the court, allLl on any such appeal the la\\' 
officer or such other counsel as he may appoint shall be entitled 
to appear and be heard. 
(1.2) In any case where the controller does not dismiss an 
application as hereinbefore provided, and-
(Il) if the parties illtere:stNl (;1)Jlsellt: or 
I I)) it the pl'oceedin~s l'(-(luire <~lly pl'oion~ecl examination of 
documents or allY scientific or local inn'stigation which 
eannot in the opinion or the controller conveniently 
be made before him: 
the l:olltrollt.'r Illay at any time order the whole proceedings 
or any question or issue of fact arising thereunder to be referred 
to an arbitrator agreed on by the parties, or in default of agree­
ment appointed by the controller, and, where the whole proceed­
ings are so referred, the a\ .... ard of such arbitrator shall, if all the 
parties consent, be final, but othenvlse shall be subject to the 
same appeal as the decision of the controller under this section, 
and, where a question or issue of fact is so referred, the arbitrator 
~hall report his findings to the controller. 
(13) For the purposes of this section, the expression" patented 
article" includes articles made by a patented process. 
44.-Any order for the grant ot a licence under this Act shall, 
without prejudice to any othcr method of enforcement. operate 
as if it wete I;[uhodicll ill a dced !.!Tanting a licence execl1ted by 
the patentee and all other necessary parties. 
45.-(1) There shall be kept at the Office a book caned th~ 
register of patents, wherein shall be entered the names and 
addresses ot grantees of patents granted under this Act, notifica­
tions of assignments and of transmissions of such patents, of 
licences under such patents, and of amendments, extensions, and 
revocations of such patents, and such other matters affecting the 
v.alidity or proprietorship of such patents as may be prescribed. 
(2) The register of patents shall be prim f;, facie evidence of all 
matters by this Act directed or authorised to be inserted therein. 
(:3) Copi'es of deeds, licences. and allY other documents affecting 
the proprietorship ill any patent or in an," licence thel'e~ 
undel". must be supplied to the controller in the prescribed 
manner for filing in the Office. 
(·n Certifierl copies of all entries in the British register relat­
in!! tn RI'Hish pa[('nt~ which bv virtnl' of this .\d are deemed to 
ht' patl"llts !!['ilntt·d UlltIt,!' this -.·\d shall hI" l1ll'llished t~ the CO'1-
trolll')' and sh::.11 be entered ill tl!e l'e:;istcl' ot' patents 11!1Jer this IP IN 11 IIRL/D 11 
Page 28 
rj!)27." Indlls/tin! ([nri ('Olilll7el'rirrl ISO. 16.~ 
IJj"ol"'I'{!J (!Jr'JI1'riilJll) ./(·t. ID:27 . 
• \1:1. but il .-ihall !1Il! 1)1' ,)llii!.!.'atl)I'Y tl.\ wake :meh t'llll'il'S ill '.ht' 
L'egistl'L' ulltil tht: :ir:.t IJI:e<lSiIJll OIL \\'hil'h l:l'rtitil\II l'opil's 1)( slU~11 
entries in the Pritis!t l'l'!!istcl' at't' L'cf-!llircfl by or under this .-\ct 
to be furnished to the controller. 
46.-(1) Any inn:·ntor 01' patentec may (either for or without Inventor or 
valuable I'onsidcl'ation) a:,sig'1l to a ~fillister on bfhalt of th~ patentee may 
state all the benetit or an ill~'('ntion and of any !)atent obtained ~if~~e~~nefit to 
or to be obtained ror the in\'(~nti\}n. 
(2) In this sect1011 the word;' :\Iinister " means a :\linister head 
of a Department or State established under the )lil1ister.; and 
Secretaries Act. 192-! (Xl). 16 or 19~-!)' 
47.-(1) The inventor or any improvement in instruments or 
munitions 01 war may (either for or without valuable considera­
tion) assign to the )Iinister for Defence on behalf of the State 
all the benefit of the invention and of any patent obtained or to 
be obtained for the innntion. 
(2) The assignment shall effectually vest the benefit of the 
im"ention and patent in the :\[inister for Defence on behalf of the' 
State. and all covenants and u!,Srecments therein contained for 
keeping the invention secret and otherwise shall be valid and 
effectual (notwithstanclin!,S any \'v-ant of valuable consideration), 
and may be enforced accordingly by the }Iinister for Defence. 
(3) \Yhcre any such assi!,Snment as aforesaid has been made, 
the :\finistcl' for D.:it'ncl! may ut any time before the pnblil~ation 
l)t thl' 1:'-,:i1pll'iI' ,;pl!"iri";lti')ll ("'I'dr'y ~\) rll<.' t:ontl'olkl' that. in 
the i!it0!,.~,:;t or thl~ plli}li.:: sd'\"ic". the parti(:lllal's of. th~ ilH'ention 
and of the manner in which it is to be performed should be kept 
secret, 
(4) If the }1inister ror Defence so certifies the application and 
speciiications, with the drawings (if any) and any amendment of 
the complete specification, and any copies of such documents and 
dravw;ngs shall, instead of being leit in the ordinary manner at 
the Office. be delivered to the controller in a packet sealed by 
authority of the )[inister for Defence. 
(5) The packet aforesaid shall, until the expiration of the term 
during which a patent for the in\"t~ntion may be in force, be kept 
sealed by the controller and shall not be opened sa ye under 
the authority of an order of the )Iinister ,for Defence or of the 
law officer. 
(6) The sealed packet aforesaid 5hall be delivered at any time 
Juring the continuance of the patent to any person authorised 
by the i'Iinister for Defence to receive it. and shall, if returned to 
the controller, be again kept sealed by him. 
(7) On the expiration oi the term of the patent. the sealed 
packet shall be deli\"erecl to the )Iinister for Defence. 
(8) Wheee the )[illister for Defence certifies as aforesaid after 
an application for a patent has been left at the Office, but before 
the publication 01 the complete specification, the application and 
specifications, with the drawings (if any), shall be forthwith 
plal'ed in a packet sealed by authority of the controller. and 
the packet shall be subj€'ct to the foregoing provisions respecting 
a packet sealed by authority of the }{inister for Defence. 
(9) Xo proceeding by~etition or othen .. -ise shall lie for rcvoca· 
tiOIl of a patent granted for an invention in relation to which such 
a certificate as aforesaid has been given by t he Minister for 
Defence. 
(10) Xo ('opY 01 allY specification or ottler document or draw­
ings by this section required to be placed in a sealed packet, 
shall in allY manner ,,-hatever be published or opened to the 
inspection of the publir. but. save us in this section is otherwise 
directed, the provisions or t his Act shall apply in respect or al1Y 
such invention and patent as aforesaid. 
(11) The ~[inister for Defence may at any time waive the benefit 
of this section with respect to allY particular invention. and there. 
upon the speciticatiolls. documents. r.nd drawing'S relatillfJ' to that 
inrcntion shall thf'lledorth be kept anti dealt w{th in the ~rdi!lary 
way. Inventions relat· 
ing to instru· 
ments or 
munitions of 
war. IP IN IllIRL/D/l 
Page 29 
r192i.: Industrial and Commercial [No. 16.] 
Pru/if'r!!1 (Pl'ot(Jt:fion) .-Ict. 1927. 
Hearing with 
assessor. 
Counterclaim for 
revocation of 
patent. 
Power of court 
to grant lelief 
in respect of 
particular 
claims. 
Exemption of 
innocent 
infringer from 
liability for 
damages. 
Order for 
injunction or 
inspection. (L:!) The commlllllcatioll of allY iuvcutioll for any iUlpt·OY~lllellt 
in instrulllcnts nf munitions ot war to the ~1inister for Defence 
or to any PCl"!'>OIl or Pl'l"SOllS authorised by the )Iinister for Defence 
to investi'Tatc the ::;amc or the merits thereof, shall not, nor shall 
anything :>done for the purposes ot the investigation. be deemed 
use or publication of such invention so as to prejudice the grant 
or validity of any patent for the same. 
(13) Rules may be made under this Act by the ).1inister, after 
consultation with the )linister for Defence, for the purpose of 
ensuring secrecy with respect to patents to which this section 
applies, and those rules may modify any of the provisions of this 
~-\ct in their application to such patents as aforesaid so far as may 
appear necessary for the purpose aforesaid. 
48.-(1) In an action or proceeding for infringement or 
revocation of a patent, the court may, if it thinks fit, and shall 
011 the request of all parties to the proceedings, call in the aid 
of an assessor specially qualified, and try the case wholly or 
partially with his assistance, in which e .... ent the action shall b(> 
tried ,\;thout a jury unless the court otherwise directs. 
(2) The Supreme Court may. if it thinks fit. in any proceed­
ing before them call in the aid of an assessor as aforesaid. 
(3) The remuneration, if any, to be paid to an assessor under 
this section shall be determined by the court or the Supreme 
Court, as the case may be, and be paid as part of the expenses 
of the execution of this Act. 
49.-.\ ddendant in an adion for infringement of a patent. 
if clititlE d to prl'sent a pdition to the court for the re .... ocation 
of the patent. may, \vithout presenting such a petition, apply in 
accordanee \\-;th the rules of the court by way of counterclaim 
in the action for the revocation of the patent. 
50.-(1) Xotwithstanding anything to the contrary appearing 
in section :39 (wh ich relates to restriction on damages where 
~pecification amended) of this Act, if the court in any action for 
infringement ·of a patent finds that anyone or more of the claims 
in the specification in respect of which infringement is alleged 
are valid. it shall, subject to its discretion as to costs and as to 
the date from which damages should be reckoned and subject to 
such terms as to amendment as it may deem desirable, grant 
relief in respect of any such daims which are infringed without 
regard to the invalidity or any other claim in the specification. 
(2) In exercising the discretion mentioned in the foregoing 
sub-section. the court may take into consideration the conduct 
of the parties in inserting the invalid claims in the specification 
or permittin~ sneh claims to remain therein. 
51.-.-\ patentee shall not be entitled to recover any damages 
in respect or any infringement of a patent from any defendant 
who proves that at thc elate of the infringement he \vas not aware, 
nor had reasonable means of making himself aware, of the 
existence of the patent, and the marking of an article with the 
word I' patent," " patented," or any word or words expressing 
or implying that a patent has been .obtained for the article, 
stamped, engravp.d. impressed on, or other",;se applied to the 
article, ·shall not be deemed to constitute notice of the existence 
of the patent unless the \\-ora or words arc accompanied by the 
year and number of the patent: 
Provided that ,lothing in this section shall affect any pro. 
ceedings for an injunction. 
52.-In an action for infringement of a patent, the plaintiff 
shall be entitled to relief by way of injunction and damages 
but not to an ar,count of profits, but subject as aforesaid the 
court may on the application of either party make such order 
tor an injnnction or inspection, and impose such terms and give 
such directions respecting the same and the proceedings the_reon 
as the court may see fit. IP IN 11 IIRL/DI 1 
Page 30 
r1927. lnd11strial and ('ommprcial [Yo. 16.1 
Property (Pro/prfion) .tct. If>:27. 
53.-Where a patent is ~ralltcd to tv· ... o or more persons ,joint!:.', 
they shall. Ilnless othl'l'\\ise sIwcified ill the patent, he trcated 
for the plll'pOS0 of the '.l('\·olntinll of thc le~al intcl'ests thereill 
as joint tenants. but. subject to allY contract to the contrary, 
each of such persons shall be entitled to use the invention for 
his own profit without accounting to the others, but shall not 
be entitled to grant a licence without their consent, and, if 
any such perso; dies, his beneficial interest in the patent shall 
devolve on his personal representatives as part of his personal 
estate. Grant of patent 
to two or more 
persons. 
54.-(1) It shall not be lawful in any contract in relation to 
the sale or lease ai, or licence to use or work, any article or 
process protected by a patent to insert a condition the effect of 
which , ... ·ill be-
(a) to prohibit or restrict the purchaser, lessee, or licensee 
from using any article or class of articles, whether 
patented or not, or any patented process, supplied or 
owned by any person other than the seller, lessor, or 
licensor or his nominees; or 
(b) to require the purchaser, lessee, or licensee to acquire 
from the seller, lessor, licensor, or his nominees, any 
article or class of articles not protected by the patent; 
and any such condition shall be null and void, as being in 
restraint or. trade and contrary to public policy: 
Provided that this subsection shall not apply if-
(i) the seller. lessor. or licensor pro\'(~s that at the 
rime th.~ contract was entered into the purchaser. 
lessee, or licensee had the option of purchasing the 
article or obtaining a lease or licence on reasonable 
terms, without such conditions as aforesaid; and 
(ii) the contract entitles the purchaser, lessee, or 
licensee to relieve himseli of his liability to observe 
any such condition on giving the other party three 
months notice in writing and on payment in com­
pensation for such relief in the case of a purchase 
of such sum, or in the case of a lease or licence of 
such rent or royalty for the residue of the term 
of the contract, as may be fixed by an arbitratOl' 
appointed by the Minister. 
(2) In any action, application, or proceedings under this Act no 
person shall be estopped from applying for or obtaining relief 
by reason of any admission made by him as to the reasonable­
ness of the terms offered to him under paragraph (i) of the pro­
vision to sub-section (1) of this section. 
(3) Any C'ontract relating to the lease of or licence to use 
or work any patented article or patented process may at any 
time after the patent or all the patents by which the article or 
process was protected at the time of the making of the contract 
has or have ceased to be in force, and notvdthstanding anything 
in the same or in any other contract to the contrary, be deter­
mined by either party on giving threc months notice in writing 
to the other party. 
(4) The insertion by the patentee in a contract of any condi­
tion which by virtue of this section is null and void shall be' 
available as a defence to an action for infringement of the 
patent to which the contract relates brought while that contrar.t 
is in force. 
(5) Nothing in this section shall-
(a) affect any condition in a contract whereby a person is 
prohibited from selling any goods other than those 
of a particular person; or 
(b) be construed as validating any contract 'which would. 
apart from this section, be invalid; or 
(c) affect any right of determining a contract or condition 
in a contract exerciseable independently of this 
section; or Avoidance of 
certain 
conditions 
attached to the 
sale, etc., of 
patented articles, Chemical 
prod ucts and 
substances 
intended for 
·food 01' medicine. 
Acts which do 
not amount to 
anticipation, 
Discrepancies 
between 
provisional and 
complete 
specifications. IP/NI 1/IRL/DI 1 
Page 31 
r J 02i, -I nd7lstrial and Com mf?rcial [:V 0, 16.] 
Propert!! (Protn'tiult) .-l('t. ln~7. 
id) aftl'd allY cOlldition ill a enntl'act tor the leas~ of or 
liee-nec to use a patl'lltcd article, whercby the lessor 
01' lieclIsol' 1'CS('1'\'\.'::) to himself or his nominees the 
right to supply such Ilew parts or the patented articl(' 
as may be requir,~d to Pllt or keep it ill rep~il', 
55.-t 1) In the case of inventions relating to substances 
prepared or produced by chemical processes or intended for food 
or medicine, the specification shall not include claims for the 
substance itself, except when prepared or produced by the 
methods 01' processes of manuiacture described and claimed 
or h:-' their obviO\1S chemical' equivalents: Provided that, 
in an action for infringement of a patent where the invention 
relates to the production ot a Ilew substance, any substance of 
the same chemical eompositioll and constitution shall in the 
absence of proof to the contrary be deemed to have been produced 
by the patented process, 
(2) In the case of any patent for an invention intended for 
or capable of being used for the preparation or production of 
tood or medicine, the controlter shall, unless he sees good reason 
to the contrary. grant to any person applying for the same, a 
licencc limited to th~ llse ot thc inHlltion Ior the purposes of 
the preparation or produetion of food or medicine but not 
otherwise; and, ill s('ttling the terms 01 such licence and fixing 
the amount or royalty 01' other consideration payable, the 
controlle~' shull ha n' l'I'l?ard to the desirability of making the 
food or mt'dicin~ ,wai!nble to the public at the lowest possible 
pl'i(~,~ 1:'Hhbt.::Jt '.\i.h :!i';in'l' t,) rh: il\\"l'ntor clue reward for the 
l'E":;;t:111'eh i('adill'2' to rh,; im'pntion, 
_-\.l.1y ·leri:'iioll or' the c:ontroller undH this sub-section shall be 
subject to appeal to the court, 
56.-d) An im'ention covered hy a patent granted or regis­
tered in Saorstat Eireann shall not be deemed to have been 
anticipated by reason or its publication in-
(a) a specification left in the Patent Office in London 
pursuant to an application made in that Office not less 
than fifty years before the date of the application for 
the patent, or 
(b) a. provisional specification leit in the Patent Office in 
London before the commencement of this Part of this 
Act and not followed by a complete specification, or 
(c) a provisional specification left in the Office and not 
followed by a complete specification, 
(2) A patent shall not be held to be invalid by reason onl) 
of the invention in respect of which the patent \\'as granted, or 
any part thereof, having h('en published prior to the date of 
the patent. if the rat.:~nt('e pro\',:s to the satisfaction of the court 
th:lt till' matter pubii.,hed wus deri\-ed (.1' obtained horn him, and 
that the pnhlicati()l1 was made without his knowledge or con, 
sent. and, if he learnt ot the publication before the date of his 
application for the patent. that he applied for and obtained 
protection for his invention with all reasonable tliligence after 
learning of the publication: 
Provided that the protection afforded by this sub-section shall 
not extend to a patentee who has commercially 'worked his 
invention in Saor~tat Eireann otherwise than for the purpose of 
reasonable trial or the invention prior to the application for thc 
patent. 
57.-A patent shall not be held to be invalid on the ground 
that the complete specification describes a further or different 
invention to that contained in the provisioIT91 <;pecification if 
the invention therein d('scribed, so far as it is not contained in 
the provisional specification, \vas no\'el at the date when the 
complete specification was pnt in, and the applicant was the first 
and true invelltor thereof, 
Rights of 58.-0) If the person claiming to be inventor of an invention 
representative of dies without making an application for a patent for the im'en-
deceased tion. application may he made bv and n JJatent for the invention inventor. .. , -granted to. his legal represcntative, IP IN 11 IIRL/D 11 
Page 32 
!1927.·' !ndllstrinl find rommrrdal :Vo. 16.1 
Prop,'rty (Protf'('lif)ll) .1et. In:!l. 
(2) E\'ery such appliration mnst contain a declaration by the 
legal represclltati"e that he believes the deceased person to have 
bE'en the true and first invent0r ot the il1\'ention. 
59.-Ir a patent is lost or destroyed. 01' its nOll.production is Loss or destruc· 
accounted tor tu the satisfactioll or the controller. the eontroller tioD of patent, 
may at any time ~eal a duplicate thel'eoI. 
60.-(1) The exhibition or an invention at an industrial or 
intp.rnatio~al exhibition, certified as such by the ~liIlister, or 
the publication or any description of the inv~lltion durin~ the 
period of the holding of the exhibition. or the use of the inven­
tion for the purpose of the exhibition in the place where the 
exhibition is held .. or the us~ of the innntion during' the period 
of the holding of the exhibition by any person elsewhere. without 
the pri\;ty or consent of the iUHntor, or the reading of a paper 
by an inventor before a learned society or the publication of 
the paper in the society's transactions. shall not prejudice the 
right of the inventor to apply for and obtain a patent in respect 
of the invention or the validity of any patent granted on the 
application: Provided that-
(a) the cxhibitor, before exhibiting the in\'~ntion, or the 
person reading such paper or permitting such publica­
tion. gi\'es the controller the prescribed notice of 
his intention to do so; and 
(b) the application for a patent is made before or within 
six months from the date of the opening of the 
I.'~hihitio!l. or the 1'2a.Jillg 01' p1.lblie<ltiol1 01 sHeh paper. 
~ (~) 'l'ne E_-:.::ct:tl,-" /~·V~~ •• , ~~ 1l1a~-by :)rllct, apply this section 
to' allY exhibitiou ruentioned in the (lnler in li;\.e ruann~r as if it 
were an industrial or international exhibition certifiecl as such 
by the ~Iinister and allY such Order may provi.de that the 
exhibitor shall be relieved from the condition of giving notice 
to the controller or his intention to exhibit. and shall be so 
relieved either absolutely or upon such terms and conditions as 
may be stated in the Order. 
61.-(1) A patent shall not prevent the use of an invention 
for the purposes of the navigation of a foreign vessel within the 
area of jurisdiction of the Government of Saorst5.t Eireann, 01' 
the use of an invention in a foreign vessel v,;thin that area, 
provided it is not used therein for or in connection with the 
manufacture or preparation of anything intended to be sold in 
or exported from Saorst5.t Eireann.· 
(2) This section shall not extend to vessels of any forei~ll state 
of which the laws do not confn correspondill~ rights with 
respect to the use of inventions in y€'ssels of Saorstat Eireann 
while in the ports or that stat(~. or in the \\-at('I'S within the 
jurisdiction or its courts. 
(3) For the purposes of this section the e~pl'ession " foreign 
vessel" includes.." ship registered in a British dominion and the 
expression" foreign state" includes a British d'J~inion. 
62.-(1) There shall be kept at the Office a book called the 
register of patent agents. and no person shall practice, describe 
himself, or hold himself out. or permit himself to be described 
or held onto as a patent agent, unless-
(a) in the case of an individual, he is reg'istered as a patent 
agent in the register of patent agents: 
(b) in the case of a firm, the firm and c\'ery partner of the 
firm is so registered; 
(c) in the case of a company, the company and every director 
and the manager (if any) of the company is so 
l'l' g-iste red. 
(2) It and when the :\lillistel' so direCTS there .shall be kept at 
the Office a book ('alled the l'cl!isrer of rlerks in which shall be 
entererl the 1l;}IllPS or nppl'o~:pol (·Jerks or' I'pgistl'recl patent 
agents. 
(3) If at ally time ufter the expiration ur three months from 
the commencement of this .-\ct, any person contravenes the pro. Publication of 
invention at 
certain 
exhibitions, 
Use of in ... ention 
on foreign vessel 
in home waters. 
Patent agents to 
be registered. Management of 
register of 
patent agents. 
Registration of 
designs 
generally. IP/N 11 IIRL/DI 1 
Page 33 
~1927.~ Industrial rtnd ('olllmercial [.Yo.16.J 
Property ,Prutection) Act, 1927. 
visions of this section, he 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 company every 
director. rnana~er. secretary, or other officer of the company who 
is kno\'tingly a party to the contravention shall be guilty of a like 
offence and liable to a like fine. 
(4) For the purposes of this section, the expression " patent 
agent" means a person, firm, or company carrying on for gain 
in Saorstat Eireann the business of applying for or obtaining 
patents in Saorstat Eireann or else\vhere. 
(5) ~othing in this section shall be taken to prohibit solicitors 
from taking such part as they have heretofore taken in proceed. 
ings analogous to any proceedings under this Act. 
(6) No alien shall be registered as a patent agent. 
63.-Any person who-
(a) resides or has a place of business in Saorstat Eireann, 
and 
Cb) is not an alien, and 
(c) possesses the prescribed educational and professional 
qualificatiollS. and 
(d) complies with the prescribed conditions, 
shall be eligible to be registered in the register of patent agents 
and shall on application in the prescribed form and manner and 
payment of the prescribed iee be so registered. 
(2) Any person registered in the register of patent agents who 
(a) ceases to be eli!.Jibl~ to be so registered. or 
(1» is proved to t;te sntisiactioll of the }1ini')ter ~~ : ..... ~ 
been ~vildetl:d of such' an offence 'or to haVe been 
guilty of such misconduct as renders him unfit in the 
opinion of the Jlinister to be a patent agent, or 
(c) applies to be remo\'ed from the register, 
may be removed by the }Iinister from the register of patent 
agents, but no person shall be: so removed (except on his own 
application) without being given a.n opportunity of being heard. 
(3) The }finister may by order make rules for the manag~ment 
of the register oj) patent agents and may by such rules prescribe 
any matter or thing referred to in this section as prescribed, and 
in particular may so prescribe the educational and professional 
qualifications and the conditions for eligibility for registration in 
that regi-,ter. and the maximum fees which may bc charged by 
any person registered in the register of patent agents or by any 
solicitor for such services in connection with the application for or 
the obtaining of patents as may be specified in such rules. 
(4) If a register of clerks is established tmder this Act the 
}Iiuister may by I)rder make rules for the management of such 
register and ma~-by such t-nIes prescribe the qualifications anfI 
eonditions for eligibility for and the fees to be paid on registra· 
tion in such register. 
(5) In this section the word" prescribed , .. means prescribed by 
rules made under this section. 
PART IlL-DESIGNS. 
64.-( 1) The controller may (subject to the provisions of thi<; 
section) on the application made in the prescribed form and man· 
ner of any person claimin~ to be the proprietor of any new or 
original design 110t published in the late Gnited Kingdom before 
the establishment U1 :::;aol'st{tt Eireallll and not previously pub· 
lished ill Saorstat Eireaull 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 or such copyright. 
(3) The same design may be registered in more than one class, 
and, in C;1.se of doubt as to the class in which a design ought to 
be 1-('g-i.stt'l'ed. the c01ltroller may decide the question. 
(4) Tltl' cIIlltt"oller may. it: hl~ thinks tit. refuse to register any 
design presented to him for registration. but any person 
aggl'ie\"cd by allY ~u('h refusal Illay (except where an appeal lies IP/NI1 IIRL/DI1 
Page 34 
[1927.J Industrirll and ColtuneJ'C'lal [1VO. 16.J 
Property (Protection) Act, 1927. 
under this Act to the law officer) appeal to the cou"rt, and the 
court shall, a Her 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~<::glect 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. . 
65.-(]) .Any person or the legal representative or assignee of Registration of 
any person who applied after the 6th day or December, 1921, and designs in 
before the commencement of this Part of this Act to the 1finister certain cases. 
for Economic Affairs of the late Provisional Government of Ire-
land or to the 'Minister for Industry and Commerce of Saorstat 
Eireann for the registration of a design shall he entitled to apply 
under this Act within one vear after the commencement of this 
Part of this Act for the registration of the same design and shall 
be entitled to have such application under this .-\ct dated and 
treated as having been made as of the date or the first-mentioned 
application for the purposes of determining the respective priori· 
ties of the said application under this Act and any other appli-
cation, fi. ... dng the date as of which the design is to be regis1ered, 
and determining whether the design had been previously pub-
lished ill Saorstat Eireann. 
(2) .-\.n)" perSI)Jl or the legal representative or assignee or anj­
person who has obtained between the 6th clay or December, 1921, 
and the commencement 01 this Part of this Act protection for a 
design in any British dominion (other than Great Britain and 
Northern Ireland) or ioreign state to which the provisions of sec­
tion 152 (which relates to international arrangements) of this 
Act are applied or declaI ed to be applicable by order made under 
that section shall be entitled to apply under this Act within one 
vear after the commencement of this Part of this Act for the re­
gistration of the same design and shall be entitled to have the 
said application under this Act dated and treated as having been 
made as of the date of the application for protection of the said 
design in such British dominion or foreign state for the purposes 
of determining the respective priorities of' the said application 
under this Act and any other application, fi..~ng the date as of 
which the design is to be registered, and determining whether the 
design had been previously published in Saorstat Eireann. 
(3) Any person who applies under the provisions of this section 
for the registration of a design may at any time before the com­
pletion of such registration (hereinafter called the first-mentioned 
registration) apply to the eOl1troll~r for the cancellation of any 
registration (hereinafter called the second·mentioned registration) 
of the same design made under section 66 (which relates to the 
registration of designs registered in the Patent Office in London) 
of this Act and dated as of a date between the 6th dav of Decem­
ber, 1921, and the commencement of this Part of this" Act on the 
ground that the date of the application for the second-mentioned 
registration was subsequent to the date of an application made by 
the applicant for the first-mentioned registration to the ~Iinistel' 
for Economic Affairs of the late Provisional Government of Ire· 
land or to the :Minister for Industry and Commerce of Saorstat 
Eireann or in any such British dominion or foreign state as is 
mentioned in the foregoing sub-section for registration of the 
same design, and the controller may on such application for can" 
cellation cancel the second-mentioned registration on the ground 
aforesaid but on no other ground. 
(4) An appeal shall lie to the law officer from every decision of 
the controller on an application for cancellation under the fore· 
going sub-section. 
66.-(1) The person who is ~or the time being registered in the Registration ot 
Patent Office in London as the proprietor of a design which is re-designs 
gistered in that Office at the commencement of this Part of this registered in Patent Office in 
London. Registration of 
uesigns in new 
classes. 
Certificate of 
rcgistra Hon. 
Register of 
designs. 
Copyright in 
registered 
designs. [1927. J [ndustrial and Com nzercial 
Property (Protection) Act, 1927 . IP/N/1/IRL/D/1 
Page 35 
r.vo.16.1 l. ~ 
• \ct shall, on payment of the prescribed fc~ and furnishing to 
the controller for registration certified copies of such design 
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 design registered under this 
Act in the register or designs in the Office in the same classes and 
suhject to the ~ame notices and other matters as such design is 
registered in and subject to in the Patent Office in London at the 
date of the application for registration under this Act. 
(2) r.~or all purposes under this Act a design registered pursuant 
to this section shall be deemed to have been first registered 
under this Act on the date on which such design was first regis­
tered in the Patent Office in London notwithstanding that such 
dat~ is prior to the passing of this Act or to the commencement 
of this Part of this Act and (whenever appropriate) the period of 
the copyright in such design shall be deemed to have been ex­
tended under this Act on the date or respective dates and for the 
time or respective times on and for which such period was 
extended in the Patent Office in London before the registration 
of such design pursuant to this section whether such date or dates 
was or respectively were prior or subsequent to the passing of 
this .\ct 01' the commencement or this Part of this Act. 
67.-Wherc a design has bct:n registered in one or more classes 
of goods the applicati~n of the prop~ietor of the design to register 
it in some one or more other classes shall not be refused, nor 
shall the registration thereof be ilH-alidated-
(a) on the grounds or t he design not being a new or original 
, design, by reason only that it was so previously 
registered; or 
(b) on the ground of the design having been previously pub­
lished in Saorstl.lt Eireann, by reason only that it has 
been applied to goods of any chss in which it was so 
previously registered: 
Provided that such subsequent registration shall not extend 
the period of copyright in the desi~ beyond that arising from 
the previous registration. 
68.-(1) The controller shall grant a certificate of registration 
to the proprietor of the design when registered. 
(2) The controller may. in case of loss of the original certi­
ficate, or in any other case in which he deems it expedient, 
furnish one or more copies of the certificate. 
69.-(1) There shall be kept :1t the Office a book called the 
register of Jesigns, \ .... hercin shall be entered the names and 
addresses of proprietors of registered designs, noti.fications of 
assignments and of transmissions of registered designs, and such 
other matters as may be prescribed. 
(2) The register of designs shall be prima facie evidence of all 
matters by tbis Act directed or authorised to be entered therein. 
70.-( 1) \Vhen a design is regi3tered, the registered proprietor 
of the design shall, subject to tbe provisions of this Act, and 
subject and without prejudice to the copyright conferred by 
Part VII. of this Act in respect of certain artiBtic works defining 
designs, have copyright in the design during five years from the 
date of registration. 
(2) If within the prescribed time before the expiration of the 
said five years application for the extension of the period of copy­
right i~ made to the eontrollcr in the prescribed manner, the 
controller shall on payment of the prescribed fee extend tbe 
period. of copyright for a second period of five years from the 
expiration of the original period of five years. 
(3) If within the prescrib€d time before the el..-piration of such 
second period of five years application for the extension of the IP 1Nl 1 IIRL/DI 1 
Page 36 
[1927.J Industrial and Commercial [So. 16.J 
Property (Protec.tion) Act, 1927. 
period of copyrigltt is made to the c~mtroller in the prescribed 
manner. the controller may, ,mbjcct to any rules under this 
Act, on payment of the prescribed fee extend the period of copy­
right for a third period of five years from the expiration of the 
second period of five years. 
71.-(1) Uefol'e 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 numher of exact represen­
tations 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 thc 
design. 
(2) \Vhere a representation is madc to the }Iinister by or on 
behalt of any trade or industry that in the interests of the trade 
or industry it is expedient to dispense with 01' modify as regards 
any class or description of articles any of the tequirements of this 
section as to marking, the Minister may if he thinks fit, by general 
rules made under this Act dispense with or modify such require­
ments as regards any such class or description of articles to such 
extent and subject to such conditions as he thinks fit. 
72.-The disclosure of a design by the proprietor to any other 
person, in such circumstances as would make it c.ontrary 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 ropy­
right thereof if registration thereof is obtained subsequently to 
the disclosure or acceptance. 
73.-(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 autho­
rised in writing by him, or a person authorised by the 
controller or by the court, and furnishing such information as 
may enable t.he 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 pay­
ment 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: 
Provided 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 regis­
tered. 
(2) After the expiration of the copyright in a design or such 
shorter period as aforesaid, the design shall be open to inspection, 
and copies thereof may be taken by any person on payment of 
the prescribed fee. 
(3) Different periods may be prescrihed under this section for 
different classes of goods, Requirements 
before delivery 
on sale. 
No pubUeatioJl 
by confidential 
disclosure of 
design. 
Inspection of 
registered 
designs. Infonnation as 
to existence of 
registration. 
Cancellation of 
registration of 
design. 
Publication of 
designs at 
certain 
exhibitions.. 
Ministers may 
acquire designs. IP/NIllIRL/DI 1 
Page 37 
[1927.J lndustrial and Commercial [No. i6.] 
Property (Protection) Act, 1927. 
74.-0n the rC!lUest of any person ftirnishing such information 
as may enable the controller to identify the design, and on pay­
ment of th0 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. 
75.-(1) At any time after the registration of a design .any 
person interested may apply to the controller for the cancel­
lation 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 Sa 0 rstat Eireann or in 
Saorstat Eireann j 
(b) that the design is applied by manufacture to any article 
in a foreign' country, and is not so applied by manu­
facture in Saorstat Eil-eann to such an extent as is 
reasonable in the circumstances of the case : 
Provided that, if the application be on the last·mentioned 
ground. and the controller is satisfied that the time which ha.::> 
elapsed from the date of registration has been insufficient for such 
application by manufacture in Saorstat Eireann, the c,0ntl'oller 
may adjourn the application for such time as he may deem suffi­
cient for that purpose; and that in lieu of cancellation the comp­
troller may order the grant of a compulsory licence on such 
terms as he may consider just. 
(2) An appeal shall lie from any order of the controller uncier 
thb: ~ection to the court, and the controller may at any time 
refer any such application to the court for trial. 
76.-(1) The exhibition at an industrial or internationd.l exhi­
bition certified as such by the Minister, or the exhibition else­
where 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 descriptiJn of the design, gives the con­
troller 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 exhi­
bition. 
(2) The Executive Council may, by Order, apply this section 
to any exhibition mentioned in the Order in like manner as if it 
were wan industrial or international exhibition certified as such 
by the Minister, and any such Order may provide that the exhi­
bitor shall be relieved from the condition of giving notice to the 
controller of his intention to exhibit, and shall be . .,0 relieved 
either absolutely or upon such terms and conditions as may be 
stated in the Order. 
77.-(1) It, shall be lawful for any Minister to acquire by 
purchase or otherwise from the proprietor of a design (whether 
registered in Saorstat 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 be­
tween the Minister and the proprietor and be sanctioned by the 
:,finister for Finance. 
(2) Any Minister may procure the registration (subject to the 
provisions of this Act) of any design acquired by or vested in him 
under this section or otherwise in the appropriate regist~r estab· 
lished under this Act, and may procure the registration of any IP/N/I/IRL/D/l 
Page 38 
1 1927.J Industrial and Commercial [No. f6.J 
Property (Protection) Act, 1927. 
such design in any register maintained in any place outside 
Saorstat Eireann if and so far as and subject to such conditions 
88 such registration is permitted by the law regulating such 
register, and in any such case may procure himself to be entered 
as the proprietor of any design so r~gistered. 
(3) It shall be lawful for a ~Iinister to grant to any person a 
licence to use and apply to any goods any design of \vhich such 
Minister shall be the registered proprietor and to charge such fees 
as shall be sanctioned by the :Minister for Finance for such 
licences. 
(4) Every licence granted by a Minister under the foregoing 
sub-section may contain provisions ensuring that the design to 
which such licence relates shall be applied by the licensee only 
to goods grown, manufactured, or produced in Saorstat Eireann, 
anr! any such licence may also contain such provisions, conditions; 
and restrictions as the Minister may think proper for ensuring 
that the design to which such licence relates shall only be applied 
by the licensee to goods of a specified quality or description. 
(~) A Minister may at any time take such lawful steps, whether 
by action, or prosecution at law or otherwise, as he shall think 
proper to restrain or punish iniringements of or otherwise to 
protect the copyright in any design of which he shall be the 
registered proprietor under this section, and may take such steps 
in Saorstat Eireann or in any other country or place in which he 
shall be so registered. 
(6) In this section the word ,t )1inister" means a ~linister 
head of a Department of State established under the ~[inisters 
and Secretaries .:\ct, 1924 (Xo. 16 or 1924). 
78.-(1) During the existence oi copyright 
shall not be lawful for any person-in any design it Prohibition of 
infringement of 
(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 c.onsent of the registered proprietor, or to do 
anything with a \;ew to enable the design to be s;) 
applied; or 
(b) knowing that the design or any fraudulent or obvious 
imitation thereof has been applied to any article with­
out the consent of the registered proprietor to publish 
or expose or cause to be published or exposed for sale 
that article. 
(2) If any person acts in contravention of this section he shall 
be liable for every contravention to pay to the registered pro­
prietor of the design a sum not exceeding fifty pounds, recoverable 
as a simple contract debt, or if the proprietor elects to bring an 
Ilction for the recovery of damages for such contraventio~ and 
for an injunction against the r2petition thereof, he shall be liable 
to pay such damages as may be awarded and to be restrained by 
injunction accordingly: 
Provided that the total sum recoverable as a simple contract 
debt in respect of anyone design shall not exceed one hundred 
pounds. 
79.-Where an application for a design has been abandoned or 
refused, the application and any drawings, photographs, tracmgs, 
representations, or specimens left in connection with the applica­
tion shall not at any time be open to public inspection or be 
published by the controller. . 
PART IV.-TRADE MARKS. copyright in 
design. 
Applieationa 
abandoned or 
refused. 
80.-(1) There shall be kept at the Office a book called the Register ot 
register of trade marks, wherein shall be entered all registered trade marb. 
trade marks with the names and addresses of their proprietors, 
notification of assignments and transmissions, disclaimers, condi-' IP/N/I/IRL/D/l 
Page 39 
[1927.] Industrial and Commercial [No. 16.J 
Property (Protection) Act, 1927. 
tions, limitations, and such other matters relating to such trade 
marks as may from time to time be prescribed. 
(2) The register of trade marks shall be kelJt under the control 
and management of the contruller. 
(3) The register of trade marks shall be divided into two parts 
to be called Part A and Part B, \vhich parts shall respectively 
comprise the trade marks directed by this Act to be registered 
therein respectively. 
!'rade mark 81.-A trade mark must be registered in respect of particular 
must be for par· goods or classes of goods. tieular goods. 
Requisites for 
registration in 
Part A. 
Colour of trade 
marks. 
Deceptive or 
:nisleading trade 
lllarks. 
AppliCb. •• on for 
registration in 
Part A. 82.-( 1) In order to be capahle of registration in Part A of the 
register, a trade mark must contain or consist of at least one of 
the iollowing essential particulars;-
(a) the name of a company, indh;dual, or firm represented 
in a special or particular manner; 
(7J) the signature of the applicant for registration or some 
predecessor in his business; 
(c) an invented word or invented words; 
td) i.1 word or words ha\ing no direct reference to the 
character or quality of the goods, and not beiJ?g 
according to its ordinary signification a geographical 
name or a snrname; 
(c) any other distinctive mark. but a name, signature. or 
word or words, other than such as fall within the 
descriptions in the abo\"t? paragraphs (a), (b). (c) and 
(d). shall not be fl'gistrable under the provisions oi 
this paragraph, except upon evidence of its distinc­
tiveness. 
(2) ~ otwithstanding the provisions of.· the foregoing 
sub-section. any special or distinctive word or \vords letter, 
numeral, or combination of letters or numerals used as a 
trade mark by the applicant or his predecessors in business before 
the thirteenth day of August one thousand eight hundred and 
seventy-five, which has continued to be used (either in its original 
form or with additions or alterations not substantially affecting 
the identity of the same) down to the date of the application for 
registration shall be registrable as a trade mark under this Act. 
(3) For the purposes of this section" distinctive " shall mean 
adapted to distinguish the goods of the proprietor of the trade 
mark from those of other persons, and in determining whether a 
trade mark is so adapted, the tribunal may, in the case of a 
trade mark in actual nse, take into consideration the extent to 
which such user has rendered such trade mark in fact distinctive 
for the goods with respect to which it is re~stered or proposed to 
be registered. 
·83.--_\ trade mark may be limiterl ill wholl' or in part to onl.! 
or more specified colours, and in such ca;;e the fact that it is so . 
limited shall be taken i11to 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 oC 
colour it shall be deemed to be registered for all COlOUTS. 
84.-It s~all not be lawful to register a!' a trade !'nrk or part 
of a trade mark any matter, the use of which wonld by reason 
1,)f its being calculated to deceive or otherwise be disentitled to 
1?fotection in a court of jU'Stice. 
85.-( 1) }.ny person claiming to be the proprietor of a trade 
mark '.vho is desirous of registering the same in Part A of the 
register must apply in writing to the controller in the prescribed 
!tianner. 
(2) Subject to the provisions of this Act the controller may 
refuse such application. or may accept it ahsolutely or subject to 
conditions. amendments. or modifications. or to such limitations. 
if any, as to mode or place of \~,;er or otherwise U~ he may think 
right to impose. lP/NI l/lRL/DI 1 
Page 40 
[1927.) Industrial and Commercial [.\'0. 16.J 
Propf:!/"ty (Protection) Act, 19:27. 
(3) In case of allY :iuch refusal or conditional acceptance the 
controller ::;hall. it rt:quirl'u by the applicant, state in writing 
the grounds or his decision and the materials used by him in 
arriving at the same, and such decision shall be subject to appeal 
to the Minister or to the court at the option of the applicant. 
(4) An appeal under this section shall be made in the prescribed 
manner, and on such appeal the' Minister or the court, as the case 
may be, shall, if required, hear the applicant and the controller, 
and shall make an order determining whether, and subject to what 
conditions, amendments, or modifications, if any, or to what limi­
tations, if any, as to mode or place of user or otherwise, the appli­
cation is to be accepted. 
(5) Appeals under this section shall be heard on the materials 
so stated by the tOlltrollcr to have been used by him in arriving 
at his decision, and no further grounds of objection to the accept­
ance of the application shall be allowed to be taken by the 
controller other than those stated by him, except by leave of the 
tribunal hearing the appeal. When any further grounds of objec­
tion are taken the applicant shall be entitled to withdraw his 
application without payment of costs on giving notice as pre­
scribed. 
(6) The controller or the lHinister or the court, as the case 
may be, may at any time, whether before or after acceptance, 
correct any error in or in connexion with the ll.pplication, or may 
permit the applicant to amend his application upon such terms as 
they may think fit. 
86.-( 1) W here allY mark ha;', 101' not It'S::; than two year::; been 
bona fide used in Saorstat Eireann upon or in connection with any 
goods (whether for sale in Saorstat Eireann or exportation 
abroad), for the purpose of indicating that they are the goods of 
the proprietor of the mark by virtue of manuiacture, selection, 
certification, dealing with or offering for sale, the person claiming 
to be the proprietor of the lllark may apply in writing to the con­
troller 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. 
(2) The controller shall consider every such application for 
registration of a trade mark in Part B. of the register, and if it 
appears to him, after such search, if any, as he may deem 
necessary, that the registration of the trade mark is prohibited by 
this Act or if he is not satisfied that the mark has been so used as 
afor.esaid, or that it is capable of distinguishing the goods of the 
applicant, he may refuse the application, or may accept it subjeet 
to conditions, amendments or modifications as to the goods or 
classes of goods in respect of which the mark is to be registered, 
or to such limitations, if any, as to mode or place of user (lr 
otherwise as he may think right to impose, and in any other case 
he shall accept the application, but every acceptance of any such 
application shall be subject to the provisions of this Act. 
(3) Every such application shall be accompanied by a statutory 
declaration verifying the user, including the date of first user, and 
such date shall be entered on the register. 
(4) Any such refusal or conditional acceptance shall be subject 
to appeal to the court, and, if the ground for refusal is in.su.ffi­
ciency of evidence as to user, such refusal shall be without 
prejudice to any application for registration of the trade mark in 
Part A of the register. 
(5) A mark may be registered in Part B of the register 
notwithstanding any registration in Part A of the register by the 
same proprietor of the same mark or any 'part or parts thereof. 
B1.-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 applica­
tion for registration in Part B of the register, and deal with th(' 
application accordingly. Application iOl 
r~gistration ill 
Part B. 
Translation 1)( 
application from 
Part A to 
Part B. Registration of 
trade marks in 
certain eases. 
Registration of 
trade ;narks 
registered in 
Patent Office 
in London. IP/NIlIIRL/DIl 
Page 41 
[1927.1 Industrial and Commercial [No. i6.] 
Property (Protection) Act, 1927. 
88.-(1) Any person or the legal representative or assignee of 
any person who applied aiter the 6th day of December, 1921, and 
hefore the commencement of this Part of this Act to the Minister 
for Economic Affairs or the late Provisional Government of Ire­
land or to the :Minister for Industry and Commerce of 8aom3t 
Eireann for the registration of a trade mark shall be entitled to 
apply under this Act within one year aiter 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 8.C! 
of which the trade mark is to be registered. 
(2) Any person or the legal representative or assignee of any 
person who has obtained between the 6th day of December, 1921, 
and the commencement of this Part or this Act protection for a 
trade mark in any British dominion (other than Great Britain 
or Northern Ireland) or foreign state ro which the provisions of 
section 152 (which relates to international arrangements) of this 
Act are applied or declared to be applicable by order made under 
that section 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 
the said application under this Act dated and treated as having 
been made as or the date of the application for protection of the 
said trade mark in such British dominion or foreign state for 
all purposes including the date as of which the trade mark is to 
be registered. 
(:3) .\ny person who applies under the provisions of tbis section 
for the regist ration ot a trade mark (hereinafter called the first· 
mentioned trade mark) may at any time before the completion of 
such registration apply to the controller for the removal from 
the register or any trade mark (hereinafter called the second· 
mentioned trade mark) registered under section 89 (which relates 
to the registration of trade marks registered in the Patent Office 
in London) of this Aet as of any date between the 6th day of 
December, 1921, and the commencement of this Part of this Act 
but subsequent to the date as of which the first-mentioned trade 
mark might be registered and on such application the controller 
may remove the second-mentioned trade mark from the registel 
on any ground on which the registration of such second·mentioned 
trade mark could have ~n successfully opposed by the applicant 
for such removal but on no other ground. 
(4) An appeal shall lie to the law officer from every decision of 
the controller on an application for removal under the fore· 
going sub·section. 
89.-(1) The person who is for the time being registered in 
the Patent Offic~ 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 sec­
tion 62 of the Trade j.larks Act, 1905) shall, on pay­
ment of the prescribed fee and furnishing to the con­
troller for registration certified copies of such trade mark 
and of the entries in the British register relatin~ thereto, 
be entitled at any time within six months after the com­
mencement of this Part of thi.s Act to have such trad6 ma.rk 
registered under this • .\ct ill the register of trade marks in the 
Office in ~he 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 sub­
ject 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. 
(2) For all purposes under this Act a trademark registered pur­
suant to this section shall be deemed to have been first registered 
under this Act on the date on which such trade mark was first 
registered in the Patent Office in London notwithstanding that 
such date is prior to the passing of this Act or to the commence. IP IN 11 IIRL/DI 1 
Page 42 
lI9~7.: industrial and COlIllllPl'riaL 1>"0. 16.J 
Property (Protection) Act, 19~i. 
JIlCJlt ut ~his Part ut: this £\d and (WhellCYl'f appre.pria:1.') : ht., 
l'l"gistl'atiull ul ~lll:ll trade mark !>jL.dl JJ..: t.icClllC.[ t.) IJ<l\ e IJI.:t'1l 
l'L'IlI'Wed unLlcL' this Act 011 the date or l't'spedi\'c uates ami for the 
pel'iod ur respl.'eti\·c pedods 011 antI for which the l'l\gistl':1tiull of 
such trul.le mlll'k ill the Patent Office in London was rell.;weu in 
that Ufficc before the l'egistratioll ot such traue mark pursuant to 
this section whether such uate or dates was or respectively were 
prior or subsequellt to the passing of this _\ct or to thc commence­
ment or this Part of this Act. 
90.-( 1) When an application for registration of a traue mark Advertisement 
has been accepted. whether ab!:iolutely or subject to eOllwtiollS of application. 
and limitations. the controller shall. as soon as may be arter 
such acceptance. cause the application as accepted to be ad-
vertiseu ill the prescribeu raanllH, and en:ry such advcrtisemf!lIt 
~hall set forth all cOlluitions and limitations subject to w~lieh the 
application has been accepted. 
(2) In any case in which he deems it is expedient so to do the 
controller may cause an application for registration of a trade 
mark to be advertised before acceptance thereof, and whenever 
an application is so advertised it shall not be necessary to make 
the a(h'ertisement required by sub-section (1) of this section. 
(:3) This section shall 110t apply to an application for registra­
tion of a trade mark which is registered in the Patent Office in 
London and \vas first so registered at the commencemcnt of this 
Part of this Act. 
91.-( 1) :\I1Y pr:I'SOll may. within the pl'esrribl!d. time 1'1'0111 th(' Opposition to 
date ot thl' llch'l't'ti;;':lllen: or an application tor l'f.:gistratioJl of a registration. 
I radl' lI1ark .. ~ivc Ilotict: to the controller of opposition to SUt:il 
l'l'g-bitration, 
(2) Such noticc shall be given in writing in the prescribed 
manner, and sh<.:11 inch!de a statement of the grounds of 
opposition, 
(3) The controller shall send a copy of such notice to the 
applicant. and within the prescribed time aiter the receipt of such 
notice~ the applicant shall send to the controller in the pre· 
scribed manner, a counter-statement of the grounds on which he 
relies for hi." application, and, if he does not do so, he shall be 
deemed to have abandoned his application. 
(4) If the applicant sends such counter-statement, th.:! Nn­
troiler shall furnish a copy thereof to the persons giving notice of 
opposition, and shall, after hearing the parties, if so required, and 
considering the evidence, decide whether, and subject to what 
conditions or what limitations as to mode or place of uS(;r or 
otherwise: registration is to be permitted. 
(;j) The dl'eisioll of the controller shall he suhjeet to .lppral 
to the court, 
(6) An appeal under this section shall bc mad\! in the pre­
sr.ribed manner, and on such appeal the court shall, if required, 
hear the pnrties nllll the controlll'r, all(l shall make an ordel' 
dctermiuing whether. and subject to what conditions, if any, or 
what limitations. if any, as to mode or place of user or otherwise, 
registration is to be permitted. 
(7) On the hearing of any such appeal any part.y may either in 
the manner prescribed or by special leave of the cOUlt hring 
forward further material for the consideration of the court. 
(8) In proceedillg's ullder this section no further grounds of 
ohjection to the rcgist l'atioll of a tradc mark shall be allowed to 
he takrn by the opponent o~ the controller other than those 
stated by the opponent as herein-above provided exccpt by leave 
of the court. Where any further grounds of objection are taken 
the applicant shall he entitlpJ to withdraw hi:; application with­
out payment of the costs uf the opponent on giving notice rtZ 
prescribed. Disclaimer of 
non-distinctive 
elements. 
Date of 
registration. 
C€.rtificate ot 
registration. 
Delay in com­
pletion of 
registration. 
lrientical traJe 
marks. 
Rival claims to 
Identical marks. 
Concurrent user. L'vu. 16.J {Jl(ill.,:;ltial aud ('OIlIIlIl'l'cial 
/'rolwl't!J (PI'otl'ctiOIl) Act, 19;27. IP IN 11 IIRL/D 11 
Page 43 
[19:27~ 
I ~I: III allY ;l!'Jl('al \Il1dl'l' this "'cl'li!,Il\ ill t'l,latiull il) l'l'~i~tl'~ti()1l 
ill Palt .\ ut the t'I:~I~[CI" the tUurt muy, ulter Ill,';uiug the 
I:olltl'ollt-I'. llt.'l'llli' the It'adl~ lIIark Pl'vpusl'd to be rt'gistered to 
be mudified in allY manner not :mbstantially affecting the id'2ntity 
ut such trade mark, but ill such case the trade mark as so modified 
~hall Le advcrtised in the prescribed manner Lefol'p' being 
registered. 
92.-Ir a trade mark in respect ot which an application is mad,.· 
10 enter or which has been entered in Part A ot the register 
contains parts not separately registered by the proprietor as trade 
marks, or ii it contains matter common to the trade or otherwise, 
or a llon-distincti\'e character, the controller or the ).finister or 
the court, ill deciding whether such trade mark shall be entered 
or shall remain UPOIl that Part of the register, may require, as 
a condition or its being u!)on that Part of the register, that the 
proprietor shall disclaim any right to the exclusive use of any 
part or parts or such trade mark, or of all 01' any pOltion of such 
matter, to the exclusi\'e use of which they hold him not to be 
entitleJ, or that he shall make such other disclaimer as they 
may consider Hcedful for the purpose of defining his rights under 
such registration: Provided always that no disclaimer upon the 
register shall affect allY rights of the proprietor of a trade mark 
except sueh as arise uut or the registration or the trade mark in 
respect of which the disclaimer is made. 
93.-When an application for registration of a trade mark ha~ 
IJeen ul'cepted and has not heen opposed, and the time for notice 
,)r l'p[Jositil)11 has expired. or havin!,! been opposefl the upposition 
has 1)C'l'll .It:cith·,J ill Ia\'Olll' vi the applicallt. thl' enllll'llller shall, 
unless th\' rnark has b(I'1l iltl·..:pted in errUl' or the ~linistC'r other­
wise directs, register the said traue mark, and the trade mark, 
WhCll registered, shall be registered as of the date of the applif'a­
tion for registration. alld such date shall be deemed for the 
purpose of this Act to be the date of registration. 
94.-0n the registration of a trade mark the controller shall 
issue to the appli~-ant a certificate in the prescribed form of the 
registration of such trade mark under the hand and scale!] with 
the seal of the controller, 
95.-Whf're l'c!!'istrlltion of a trade mark is 110t eOO1plett.:d with­
ill twelve months rt'f)[!l the date of the applieation by fl'clSUIl of 
\lefanlt on the part of thl' apfllicanL the controller may, af!el' 
giving notice of the nOil·completion to the applicant in writing 
in the prescribed manner, treat the application as abandoned 
unless it is completed witJin the time specified in that behalf 
in such notice. 
96.-1,;:\I,,'pl 1,,'" 1II'Ikl' 11" lil,' 1'11111'1 Ill' ill thl.' \';l~" lit' trill/,· 
mad,s ill use lJt'('Jl'l' the thirteellth da,\' oj' .\ugu:'t 1)11(' th\)u~alld 
(·i:.{ht hlllll1rell <LIlU sevcnty·fi\·e, no t I'ade mark shall be rcgi~tered 
in respect 01 any ~oods or description nf goods vy'hieh is identical 
with olle heloll!,dl1~ to a ,1ifferellt proprietor \\'hich is alt't'udy ull 
the registel' with respect to slleh goods 01' description of goods, 
01' so nearly resemhling such a trade mark as to be calculated to 
deceive. 
97.-Whel'c e'H·h of several perSOl}<; t1aim~; to be prnpI'ielor 
or the 1'nmc trade mark, or of nearly identical trllde marks in 
respect of the same goods or description of goods. and to be 
r('~isten;d as sHch propricto)'. 11l1' controller may 1·I·fusc ~~, 
register any ut them until their rights have been uetermined by 
tlle court. or have been settled by agreement ill a manner 
approved by him or (on appeal) l)'y the Minister, 
98.-1n case of honest concurrent user or of other .'peeial 
circumstances which. in the opinion of the conrt. or thE con­
troller make it proper so to (10, the COUl·t or the controller ma.\' 
permit the registration of the same trade mark, or of nearly IP IN 11 IIRL/D 11 
Page 44 
[No. 16.J [lldllstrial (l nd ('om meTrial 
Property (Protection) :1 ct, 1927. [19:27. ] 
identical tra,-le marks, lOt' t he same goods or description or' goods 
by more than Olle proprietor subject to slIch conditions and 
limitatiolls, il any, us to mode or place of user or otherwise as 
the eonrt or the cOlltl'olll'r, as the case may bc, may t!link it 
right to impose. 
99.-(l) Save ns othcndsc provided by this ~\ct, a trade mark Assignment and 
when registered shall be assigned and transmitted only in transmission of 
eonnexion with the goodwill or the business concerned in trade marks. 
the goods 10r which it f.d.S been registered and shall be 
determinable with that goodwilL 
(2) Kothing in this section contained shall be deemed to affect. 
the right of the proprietor or a registered trade mark to assign 
the right to use the same in any British dominion or protectorate 
or any foreign country in connexion with any goods for which it 
is registered together with the goodwill of the business therein in 
such goods, and the assignment of such right to use the samo 
shall constitute the assignee a proprietor 01 a separate trade mark 
for the purpose of the immediately preceding section, subject to 
such conditions and limitations as may be imposed under that 
section. 
100.-0) In any case where from any canse, whether by reason 
of dissolution of partnershjp or otherwise, a person ceases to carry 
on business, and the goodwill of such person does not pass to 
one successor bnt is di\'idecl. the controller may (subject to tIll! 
provisions or this Act as to associated trade marks), on the appli­
('ation or the parties interested, permit an apportionment of the 
registered trade marks of the person among the persons in fact 
continuing the busilless, subject to sueh conditions and modifica­
tions, if any, and to such !irnitations, if any, as to mode (If place 
of user as he may think necessary ill the public interest. 
(2) Eyery decision or the controller under this section shall 
be subject to appeal to the Mini8tel', 
101.-1£ 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, 
102.-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 su~h trade mark scparntely he may apply to register 
the same in the said Part A as separate trade marks. Each surh 
separate trade mark must satisfy all the conditions and shall huyc 
all the incidents of an independent trade mark, except that when 
registered it and the trade mark of which it forms a part shall 
he 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 pUJ'pl)~CS of this Act be deemed to he also n user ot such 
registered trade marks belonging to the same proprietor as it 
contains. 
103.-(1) Wben a person claiming to b~ the proprietor of. 
several trade marks for the same description of gooib'l which, while 
resembling each other in the material particulars thereof, yet 
,1iffer in respect 01-
(a) statements of the goods for which they are respecth-ely 
used or proposed to be used; or 
(7») statements of number, price, quality, or names of places, 
or 
(c) other matter of a non-distinctive character which d~s not 
substantially affect the identity of the trade mark: or 
(cl) colour; 
seeks to register such trade mnl'KS, they may be registered as a 
series in I)ne fe!!istration. Apportionmtmt of 
lude marks 
on dissolution of 
partnership. 
Associated traJe 
marks. 
Combir,ed tra'!f' 
n'n'l"k!':. 
~cries of lracle 
marks. Assignment and 
u~r of 
:l.<:sociated trade 
marks. 
Duration of 
regh:tration. 
Renewal of 
registration. 
Procedure on 
expiry of period 
of regi;:;tr:l tion. 
Status of 
unrenE'weci 
trade mark. 
Removal frum 
register of word 
trade marks 
ul=ed as name er 
articles. IP/NI 1 !IRL/D I 1 
Page 45 
[So. 16.J Industrial and Commp'rcial [1927.l 
Propp,.t!! (Pl'otpflion) Art, lQ2i. 
j,:!) ,All the ll'aJe marks in a series or trade marks registered 
nnder this section shall ii registered in Part A ot: the register he 
dl'emed to be~ and shall be registered as~ associated trade marks. 
104.-.\ssol'iatrd trade mal'ks shall be assignable or trammli~­
sible only as a whole anJ not separately, but they shall for all 
other purposes be deemed to have heen registered as separate 
trade marks. Provided that where unrler 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 
t mde mark with additions or alterations not substantially aff~cting 
its identity, as an equivalent for such user. 
105.-The registr;1tion of a trafle 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. 
·106.-The controller ~hall, on application made by the regis­
tered proprietor of a trade mark in the prescribed manner and 
within th~ prescribed perioJ. renew the registration of such trade 
mark for a period or fourteen years from the eX2iration of the 
original regist ration or of the last renewal of registration, as the 
('ase may be~ which uute is in this Act t~rmed " the expirat.ion of 
the 1<1::;t registration. ~, 
107.-.\ t tht~ l)l'c':,nil)l;/l time hrfore the ('xpi1':ltion of thc 1n.~t 
!'('!.d:';tl'atir.n lit ;l t1'adc liLII'I,. rhe controller shall :-iend llotice in 
t hI} prcscrih(·d !Ilallll(,r to the r'':!!'iste1'ed proprietor at his regis­
tered address or 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 
it at the expiration or the lime prescribed in that behalf such 
conditions have 110t been duly complied with, the controller 
m'a.y remove such trade mark from the register, subject to such 
conditions (if any) as lo its restoration to the register as may be 
pre3cribed. 
108.-\\<'11ere a trade mark registered in Part A of the register 
has been removed from the regi~ter 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 dC€med to be a trade mark which is 
already registered, unless it is shown to the satisfaction of the 
controller that there had been no honri fide trade user of such 
trade mark during th~ t\yO years immediately precedill~ ~uch 
removal. 
109.-( 1) Where in the ease l)£ an article or sUDstanc':' 
manufactured under any patent in force at or granted after the 
rommencemrnt of this Part of this Act. a word trade mark regis­
tered under this Act is the Ilame 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 bv 
registration, shall ceasc npon the expiration or determination 0"£ 
the patent, a11(l thereafter sLlch word shall not be deemed a distinc­
tive mark, and may be removed by the court from the register 
on the application of any person aggrieved. 
(2) No worcl which is thc only practicable name or description 
of any single chemical element or single chemical componnd, as 
distinguished from a mixture, shall be registered as a trade mark. 
and any such word may be removerl by the court from the 
I'f'gister· on the applieatio;) of an~' peTI>on ~ggrieved: 
Provided that the provisions of this SlIlHledion shall not aPI,Iy 
where the mark is used to denote only the proprietor's br:md or 
make of surh suhstallce~ as (li:,;till~ui:;hed from the suhstance as 
made by otheTI>, and in association with a ~llitahle and practic.ahle 
llarne open to the public use. IP IN 11 IIRL/DI 1 
Page 46 
r .Vo. 16.] Industrial and Commercial [1927. ~ 
Pl'o/JPrf!l (Protprtio71) Art. 19:2i. 
(3) Thf~ {ii\\\"Ct' to rcmO\"L~ a trade mark from the rcgister 
confclTl'.l by this St'ctioll shall be ill addition to alld lIot in 
(lerogation of ally othEr powers or the court in respect ot the 
l'emoval of trade marks from the register. 
(4) An application under this section may, at the option of the 
applicant. he' made in the first instance to the controller. and in 
such case the controller shall han all the po\vers of the COllrt 
unner this section, hut his decision shall be subject to appeal to 
the court. 
110.-The re!?istered proprietor of any trade mark may apl)ly 
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 eontrollt>r may refuse such leave 01' 
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. 
111.-(1) A registered trade mark may. on the application to 
t he court of any person aggrienG, be taken off the register in re­
spect of any of the goods for which it is registered. on the ground 
that it was re!?istered by the proprietor or a predecessor in title 
without any bona fide intention to use the same in connexion 
with such goods, and there has in fact been no bona fide user of 
the same in connexion therewith, or on the ground that there has 
been 110 nOIl/; tide nser or such trade mark in connexion with 
sllch goods .-luring the five years immediately preceding the appli­
cation. 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. 
(2) .\ny application under this section may, at the option of the 
applicant, be made in the first instance to the controller, and in 
such case the controller shall have all the powers of the conrt 
under this section, but his decision shall be subject to appeal to 
the court. Alteration of 
registered trnJe 
mark. 
Non-user of 
trade mark .. 
112.-.Suhject to the provisions of this Act-
(n) the person for the time being entered in the register !l'S 
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; Powers ot 
registered 
proprietor. 
(11) any equities in respect of a trade mark may h~ eniol'cec~ 
in like mallner 3S in respect of any other personal 
property. 
113.-(1) Subjf'ct to the provisions of this Act relating to thr. 
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 !'hall, 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. 
(2) Where two or more persons are registered in either Part of 
the register as proprietors of the same (or substantially the same) 
traile mark in respect of the same goods, no rights of exc1usin 
user of sueh trade mark shall (except so far as their respective 
rights shall have been defined by the court) be acquired by any 
one of such persons as against any other by the registration 
thereof, bnt each of mch persons shall otherwise have the same 
rights as if he were the sole registered proprietor thereof. Rights of 
registered 
pt (lprietor. 
114.-The registration of R person as the proprietor of :\ trade Effect of 
mark in Part R of the register shall he primr; facie ~vidence that ~:;:t;tion in 
that person has the exrlusive right to the use of that trade mark, Registration to 
b~ prima facie 
evidence of 
validity. 
Registration to 
be conclusive 
after seven 
years. 
Unregistered 
trade mark. 
Admission of 
evidence of 
trade usages. 
No interference 
with use of 
own name, etc. 
Remeules for 
1/ I'assing off" 
not affected. 
Registration of 
marks by 
Ministers. [Vo. 16.1 lndustrial and Commercial 
Property (Protection) Act, 1927. IP IN 11 IIRL/D 11 
Page 47 
[1927. ] 
hut. III any actIOn for mf1'1l1~ement of a trade mark entered in 
Part B Ol the l'C'!!ister, no injunction or other relief shall be 
granted to the oWl;er of the trade mark in respect of such regiJr 
t ration, if the defendant establishes to the satisfaction of the 
court that the user or: which the plaintiff complains is not calcu­
lated 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. 
115.-1n 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 primli facie evidence of t.he validity of the original regis­
tration of such trade mark and of all subsequent assi~nments and 
transmissions of the same. 
116.-( 1) In all legal proceedings relating to :\ trade mark 
registered in Part ..:\ 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 8-l (which relates to deceptive or misleading 
trade marks) or section 138 (which relates to inventions, etc., con­
trary to law or morality) or this Act. 
(2) Nothing in this Act shall entitle the proprietor of a trade 
mark registered in either Part of the register to interfere with or 
restrain the uSer by any person of a similar trade mark upon 
or in connexioll with goods upon or in connexion with which such 
person has, by himself or his predecessors in business, continuously 
used such trade mark from a date anterior to the user or regis­
tration whichever is the earlier of the first-mentioned trade 
mark by the proprietor thereof or his predecessors in 
business, or to object (on such user being proved) to 
such person being put upon the register for such similar trade 
mark in respect of such goods under the provisions of this Act 
relating to the regist-ration of identical or nearly identical trade 
marks. 
117.-(1) No person shall be entitled to institute any proce,"\d­
ing to prevent or to recover damages for the infringement of an 
unregistered trade mark unless such trade mark was in use before 
1 he 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. 
(2) The controller may, on request, grant a certificate that 
registration under this Act has been refmled. 
118.-In any action or proceeding relating to a trade mark or 
trade name the tribunal shall admit evidence of the usages of thc 
trade concerned and of any relevant trade mark or trade name 
or get up legitimately nsed by other persons. 
119.-No registration under this Act shall interfere with any 
bon(;, fide use by a person of bis own name or place of business 
or that of any of his predecessors in business, or the use by any 
person of any bonrl fide description of the character or quality of 
his goods. 
120.-NothinlZ 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. 
121.-(1) Any ~fini~ter may procure the re~stration 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 regis­
tered shall he deemed to be in all respects, save as is otherwise 
provicled by this section, a regjstered trade mark and the Minister IP IN IllIRL/D /1 
Page 48 
[No. 16.J Industrial and CUlIlmercial [In:Z7.' 
Propert!! (Prote(·lion) .1et. l!J:ti. 
by whum its reg-ist ration was procured shall oe a11<l be l'l'gistcrcd 
as the proprietor thereof. 
(2) An application for the l'('gistl'ation or a mark under the 
foregoing sub-section shall be made in the vrescribed manner by 
a Minister: and the registration or the mark shaH be subject to 
the provisions of this Act relating to the registration of a trade 
mark in Part A of the register save in so far as such provisions 
are inconsistent with the provisions of this see:tion. 
(3) Any :Jlinister may procure the registration in allY register 
maintained in any place outside Sao1'stat Eireann of a mark 
(whether registered or not registered under the foregoing provi­
sions of this section) intended to indicate the origin, material. 
mode of manufacture. quality, accuracy, or other characteristic IJL 
gooch if and so iar as and subject to such cunditions as slleh l"l'­
gistration is permitted hy the law regulating such l'egbtcl', anJ 
in any such case may procure himself to be entered in such regis­
ter as the proprietor or such mark. 
(4) .A Minister who is the registered proprietor of any such 
mark as is mentioned in the foregoing sub-sections of this section 
may grant to any person a licence to use such mark and to apply 
the ~ame to all or any of the goods or classes of gouds in resped 
of which such mark is ref!istered but in the case or a mark l'e!!is­
tered in a register maint;ined in a place ont of 8aorst5.t Eire~nn 
only if and so far as the granting or such licence is permitted by 
the law regulatin~ such register. 
(5) Every licence granted by a Minister under the iOl"Pgoillg 
sub-section shall ha\"e (-ffeet accordil1!! to thc terms thereot' and 
shall contain provisiulls ior ensuring ~hat the mark to which the 
licence relates shall be applied by the li('ellsc~ only tu g"')ol.b 
grown. malluiactured, or produced in ~aol'stat Eircann, and ally 
::iuch licence may also contain such terms and provisions as the 
~Iinister granting the same shall think proper and in particular 
provisions for ensuring that the mark to which the licence relates 
shall only be applied to goods of a specified quality or description. 
(6) A ~Iinister who is the registered proprietor of any such 
mark as aforesaid may require the controller to enter on or 
remove from the register in respect of such mark the words 
.. licences not registrable," and, whenever and so long as such 
words are so entered in the register, licenccs made by the :\Iinistcr 
under this scction in respect of such marks shall not (notwith­
standing the' provisions of section 127 (which relates to registra­
tion of as.'iignmcnts, et e.) of this ~-\.ct) be Ol' be capable of hcillg 
cntered ill the register or be re iused admission in evidence in any 
court merely on account or such non-entry in the register. 
(7) A }linister who is the registered proprietor of any such 
mark as aforesaid may at any time take such lawful steps: whe­
ther by action, proseC'tltil)Jl at law, or otherwise as he shall think 
propl'l· tll pn'\-l'llt, ],,-,,,tl'aill_ ur punish illfJ"ill!,!'l'llIents of Ol' other­
wise to prllt('d "IH-h lll<ll'k ;\1111 IlIiI.\· t:1kl' Sllth stcps ill ='allrstrlt. 
Eil'l'anll Ill' all." lJlhl'l' l"t)UlltI'Y ill whith hc is registcrcd as sudl 
pt'opl'ietor. 
(8) ..:\ mUl"k n'gistcI'cd under this :o-:e('l ion shall he dl'Clllcd to be 
a trade mark within the meHnill!! or allY enactment herrtofo/"c 
passed hr the Uireal'htas relating' to the l'egi::;tration of trade 
marks hy :\Iinisters. 
(9) In this sc(,tion the WIll'd " J[inistl'l''' me:lllS :l ~liIlistcr head 
of a Departmellt of ~tntc under the !\linistcrs and Secretaries Ad. 
1924 (No_ 16 of 1924). 
122.-I: shall be lawful for thl' l\linistt'r to take in nnv ,'onnt!"." Misuse of trade 
or place outside Saorqtat Eireann such lawfnl steps: whethC'·l' marks indicative 
by way of action or prosecution at law or otherwise, as he shall of Irish origin. 
think proper to prc,·ent. restrain. Ol' punish the registration. 
use, or application in relation to or in respect of goods not 
grown, produced. or manufacturcd in Ireland of anv trade mark 
or other mark or description indicatillg 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 applietl 
were grown, manufactured, or produced in Ireland. Trade marks 
used solely as 
certificates of 
Ilualiu', etc. 
Trusts not to be 
entered in 
registers. 
In£pection of 
and extracts 
from register:'!. 
Reports of 
officers to be 
privileged. 
Registration of 
assignments, etc. IP/N/l IIRL/DI 1 
Page 49 
[.Vo. 16.J Industrial (fllll COIIl/I/,·'n:ia[ [lU~7.j 
/'r0!lr:I'ty (Prutectiull) Act, 1027. 
123.--\ I.J Whel"l' OIny a~~'Jeiatiull '-'1' {ll'r:sUll undertakes 10 certify 
lIlt! IlI'i~ill. IlIilkl'!al. I'LOd,' ,,1 lilil:(IIr'.II:IUI·I'. quality. illTIll·;lI· ... ·, Ill' 
"Ii,,';' ,·h;!!";.,·!, :'i"i:" I.t ::;,' .~ .. ".;..;, :, ... 11:;11"].; 1::-;,,0\ UP'"I Ill' in 
cOJlnexioll with such goods', the jlini;ter if and so long as he 
is satislk,l th;it such .l:ssl)t'i<lti'\ll Ill' {H'l':;Ul! is cOlllpdent to cl'rtify 
as ai')l'csaid. Illay it: he :shall jl\o.lr;c it to be to the public uLlvUll' 
tage, pel'mit sllch ~bsodati\)n 01' Pd'SUlI to l'cgistcr such mal'k 
as a tratle mark ill resp(:ct of such goods, whether or Hot such 
a:S::iociatioll 01' pCl'~on be It traJ\! association or trader or 
possessed of a goodwill in connex.ion with such certifying. When 
so 1'l!!;istc1'e,l sueh trade mark shall be u(:l'rned in all respects to 
be a l'(:!!ist'~red trade mark. and slteh association or person shall 
be d(:CI;ICtl to be the Pl'Opric'tor the!'cof, save that such trad;! 
mark shall be transmissible or assignable only by permission 
of the ~[inistel', 
(:2) The pl'll[Jl'ictul III a :nal"k re!!istered under this section Ot' 
III a lIIark Ul'i~ill:llh' )"L'1.?istvl'e,l in 'the Patl'llt U;'ficc ill LUlldon 
under section G2 of the Trallc )larks Act, 1905 anJ subsequently 
l'l').!i"'h'rell llllueL' st'etioll S!:l (which relates to the regi:;tration of 
truJe Illarks registcl'eJ in the Patent Office in London) of this 
Ad in the register of trade marks in the Office, may assign such 
,mark to thl' :\rinister and the }Iinister may take an assignment 
thereof, antI on sllch a5signment heing made sl?ction 1~1 (which 
r,'latc..: to th.: r,:!.!1stl':lrion or tralle mark~ b\' ~[inist('rs) of this 
.\d "hall ;lpply -;1) :o;u,:h m:ll'k ::s inlly as ii the .\linistel' had 
Pl'octll'cll the l'l'gbtration thereof nnder the said section 121. 
PART V. 
GESERAL PROVISIO~S RELATIXG TO PATENTS, 
DESIG~S "\:\D TRADE :\1.:\RKS, 
124.-1110:1'0.: .~hail lll); bo.: ~-!lt(-l'e,i in allY l'e~isto.:l· kl:pt Ulld,!l' 
:!,i.~ '\':-. Ill' ;" l'(·(-l,j\-a',lo.: iJy ,:h' collti'uih'l'. :lllY jllJtit:e 01 allr 
tl'ltst \!xPI'~SSt"l!. implieJ. or constructive. 
125.-En~ry rl'gist~r kept uuder this Act shall at all convenient 
times be open to the inspection or the public, subject to the 
provisions of this Act and to such regulations as may be pre· 
$t:ribeci, :1111.1 cC'rtified copies, sealed with the seal of the COil· 
troller, of any cntry in any such rcgister shall be given to any 
person re(luiring the ~.1me on payment of the prescribed fee. 
126.-Hepol'ts of C'xaminers and other officers made under this 
.\ct shall not in :lny case be pnDlished or be open to pnblie 
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 
uiscovery in such legnl proceeding certifies that such production 
or inspection is desirable in the interests of justice, and onght to. 
be allowed: 
Provided that. on applif?ali,)ll belllg made by any person ill 
: Ill' Pl't'~l, .. ib.:.J !',q'dl. t!l': CUll! :'11110::-!'\ay o1i,.,lo.;\' I ill' l'l':-;ult "f :t 
".';lI'I:h 1l\;1'.IC' lllldl'l' ".',:Iil'll l!J (whieh l"rlatc" to JOellmeuls tu 
aen'nll'<lIlY "!'I'I'iti(,Lltiull." .. I' ::-(;I:tiOIl :20 (whi('h relates to illvesti· 
.!.!atioll ut !;peciJi!:at iUlIs jJuljlished prCYi')llS to applic;ltioll) or ~ectiO!1 
:.!l \ whieh relates !o ill\'l'sti.!!atioll ',r :"jJl'titi.':aTil)lls {ll1bli<:hed sttbc· 
'[lIt'lIt (1) :lppiicati'JIl) or this "\,:t on ally particular application f('r 
the grant ot a patC'llt. 
127.-( 1) Where ;t person hl)(~Oml?s el\titled by aSSil3"llfllent. 
trallsmission, or other (opcration of law to a patent or to the 
copYl'i!!ht ill a rc!!istncoJ ddi~n Ol' to a re!,!i~tC'l'ed trade mark, hc 
shall make, applicatioll to t!IC ('\)lliroll,:1' to 1'cgistC'l' his title, allt! 
t h l~ l'O n t 1'.:,11(' l' .~ ha 11 un I't!cei pt 0 i :,lll' h a pplica t ion a llJ on proo~: 
of title to his !'Ldist'action, register him as the propl'ietor of such 
pate:!t, tiesib'11, or traJe mark. and shall canse an elltry to be madc 
ill the prescribed manner on the appropriate re~ister of tl:' 
assignment. transmission, or other instrument affecting the title. 
(2) Wnere a 11,\' pel""r,n becomes entitled as mortgagee, licensee, 
')1' ()fhe1'Wisl~ to allY interest in a patent or II design. or as 
lIlol'tgagee or otherwise to any interest in a trade mark, he IP/NI 1 IIRL/DI 1 
Page 50 
,Su, 16.J I"dllstl'ial (lud ('UlIlIlll'I'{'ial r1U:27, 
j)rl)/Jf'rt!l (Prufl,rtioll) .Iet, lU~" 
:-.haLl Illakt' alJplit'ati')!l to the controller to l'C!{iStc1' his title, and 
the eOlltrdler shall. (Ill l'l'edpt 01 :'iuch aplJlieatioll allll on proof 
of title to his satistaetioll, cause notice of the interest to be entered 
ill the prescribed manner ill the appropriate register with parti­
culars ot the instrument (if ally) creating such interest. 
(3) The per~oll registered as the proprietor of a patent, design, 
ur trade mark shall, subject to the provisions of this Act, and 
to allY rights appearing from the register to be \'ested in any 
other person, han po\\"C' l' absolutely to assign, or otherwise deal 
with the patent. design, or trade mark (iueluding, ill the case of 
a patent or a dt.:'Jign, to grant licences in respect there')!), and 
to give effectual receipts for any consideration for any such 
assignment, licence, or dealing, 
(-1) Any equities in l'espect- of a patent, design, or trade mark 
may be enforced in like manner as in respect of any other per­
sonal property. 
(5) Except in cases of appeals under this section and applica­
tions and appeals complaining of the non-insertion in or omission 
from a register of an entry relating to a document or instrument, 
a document or instrument in respect of which no entry has been 
made in the register in accordance with the provisions of this 
section shall not be admitted in evidence in any court ill proof 
of the title to a patent, or copyright in a design, or a trade mark, 
or to any interest therein~ unless the court otherwise directs. 
(6) "Any del'isinll tIt th\~ eontrolkr under this section shall be 
subject to appeal to the court, 
128.-Tht" "lIntl' .. l],":, !l:a~' "It 1'1"i\l.:.;t llI:11lc in tlh' r>l'('~(:l'ibe(l Power of 
IllallllCr \I::' th," ]",tri;-.;tt"-l'l't\ P:'t)pl'idtll' (It Cl patent, t.le:;ign, 01' trade controller to 
mark 1)1' by S\.olll\: pt'l'sun elltiTled by law to act ill his name- amend register. 
«(1) 
(b) 
(c) 
(d) con'cd allY <:It'rieul (,1'r01' in or in connection with an 
applicati-oll 101' a patent or in any patent or in any 
speeifieation or in any register kepi, pursuant to any of 
the foregoing Parts of this Act j 
enter any change in the name or address of any person 
who is entered on a register kept pursuant to any of 
the furegoing Parts of this Act; 
callcel the registration of a design or trade mark either 
wholly or in respect of any goods or class of goods in 
or for which snch design or trade mark is registered: 
('uter a lliselaimcr or lDemorandum relatiug' to a design 
or trallc mark which does not in any way extend the 
rights !,Iinn by the cx.isting registration of such design 
or trade mark, 
129.-(1) Suiljet'i. to tIle provisions of this Ad the court may, Power ot court 
011 the application j 11 the prescribed manner of any person to amend 
a~grien'd by tlu" 11I)II·ill~l'l'tioll in or oml!':;inIl from allY register register. 
kept l'tI !'SI la 11 [ :11 <Ill!" Ill' rhl' j"'l'I'g'oillg" Parts u( this ~\ct of allY 
I.'lttl',\' ol' 11.\-:lily ('1111',\' 11);/118 ill illly "III'h l'('g'istc:l' witlwnt sllffieiellt 
eaUSl', ell' by ally 1'1l1!'y \\llIlIgI,'" lCl1lailling: 011 1I1l,V such register, 
01' hy <111 (,1'I'1l1' 01' dl'i'l.'d ill :lily 1'lIt ry ill allY sllch register, make 
such onler' lU1' Illilkill\!, l':\pullgillg, U1' varyillg !:inch entry as it 
may think fit. 
(2) The court I!lUY ill allY I>l'o(:ecdillg ulltler this section decide 
allY qnestion that it IIIUY bl~ 1lI'CCSSHI'Y or expedient to decide in 
cOIllH?dion with t hp r('c-l ifi('Olt iOIl of allY such register, 
(3) The presel'ib('d Ilotice of allY application under this section 
shall be g-iVl'll t u th,~ I'olltrlllle)', who shall Ita\'c the right to 
appear and be heanl thCl'eoll. and 5hall appear if so directed by 
the court. 
(4) III the case or frawl ill the l'('!!istratioll or transmission of 
a patent, Ul' a I'('!,!istel't'd tll'si!!ll 01' trilil,' III arK. the controller 
lIlay himself apply to the l'Ollrt under the provisions of this 
section, 
(!)) "Any ol'ller of the ('ourt l,(',:tifying :lily such register shall 
direct that notice or' the l'ec:tification be served 011 the controller 
in the IH'eseribe(l rnallllel', \\"h,) shall upon the receipt of suer. 
notiee rectify the l't'gister accordingly. 
(6) Any application under this section (other than an applica­
tion by the contl'ollel':l may, nt, the option of the applicant, be Rights of State 
in respect of 
11 patented 
inventions and 
registered 
designs. IP/NI llIRL/DI 1 
Page 51 
t So. 16. i i Jl(/lIstrifll (/lId ('Ollllllf'I'cial [H):27.j 
jJl'o/wl't!! (l)f'o/(J('fioll) .lr!. ]n~7. 
111;1.1,· in ~;:, t:r,j il; ..... I;\ll'·.· I" Ill': '·"1I1l',dlvl'. allll ill :-It,·!t ('a~'~ 
Ill,. C'Illtl'ol\\'l' ..;\wll ila\"(: all rl,e p,)\\'('rs ot thc cotnt llllllcl' thi~ 
Sl'ctiOll. but his decision shall be subject to appeal to the court. 
(7) The COlll'~ way in allY proceeaiu!,l' under this section in 
relation to the l'cg'ister or trade marks, dil't.:ct a trade mflrk regis. 
tered in Part .-\ of that register to be removed to Part B of that 
register. 
130.-(1) A patent and the registration of :l design shal! 
respectively han to all intents the like effect as aga-im'>t thf 
State as they have against a citizen: 
Provided that ailY ~Iinistcr head of a Department of State may, 
by himself or by such 01 his aqents, contractors, or others as may 
he authorised in '.\Titin~ by him ae any time aftei.' the applica­
tion. make, use. or ('xercis~ the invention, or use. or apply the 
design Ior the serYices or the State on such terms as may, 
either before or aiter the nse thereof, be agreed on with the 
nppro,-al of the ~Iini5ter for Finance between such ~Iinister 
and the proprietor, or. in default of agreement, as may be 
settled in the lllanner hereinafter provided, and the terms of 
any agreement or licence concluded between the proprietor 
<111tl any person other than a :\linistcr shall be inoperative so far 
as concerns the makin!!. u:';e. 01' ex.ercise or the invention or the 
lIse 01' application of ti~~ tle:3ign ror the service of the State: " 
Provided further that. where an invention which is the 
~llhject or an:; patent. or allY registered design has. before 
the tlate or the patent ')r or the l'e!!istration. been (lnly l'l'~ordcd 
i!t it llO,:Ulndl: 11; (q' 1)('('11 tril'll 11;' 01' 011 hehalf or any stlch 
:'lil1istt~r (sHch iH\"'llti'm ('1' dc·sio.;n not havinr; beell communi­
I:atctl' direetly (It· illdiredly hy the applh:ant or the proprietur) 
ally }Iinister or such of his agents. contractors, or others 
as may be <H,thorisecl in '''Titing by them, may make, 
use, and excrcise the im-ention, or use or apply the design so 
l'ecorded or tried for the service of the State free of any royalty 
or other payment to the proprietor. notwithstanrling the existence 
of the patent or registration. and if in the opinion of such Ministel 
the disclosure to the applicant or the proprietor, as the case 
lIlay bc, of the document recording the invention or design or the 
2vidence of the trial thereof would be detrimental to the publi(! 
mterest, such disclosure may be made confidentially to counsel 
(Ill behalf of the applicant or propl'ietor or to any indcpeudent 
expert mutually agreed upon. 
(2) In ('ase of any dispute as to the making, use. or exercise of 
an invention, or use 0[' application of a design, under this section. 
or the terms thercior, or as to the existence 01' scope of any record 
or trial as aforesaid. the matter shall be referred to the court. for 
decision. which shall ha n: the power to refer the whole mattcl' or 
;IIlY q t:l'':itioll or bsUo~ U1 fatt a ri'ii n!.! t hercoll to he t dCld beforc aIL 
<ll'loitl'alol' llj)(Jli ~~Il'h t,:rrn.:; ;\:, it llt;tV dircct. The euttl't or 
<ll'i,itl'atol', a~ the C,l:-;l: tllay IJl'. lllny '\\'ith the COllsent of the 
parties take into eonsideration the validity of the patent or 
l'egi::;tratioll, for thc purposes ollly or the reference and the 
ddermillatioll or the i':isues between tlte applicant and such 
:\Iinister. The comt or arbitrator ill settling the terms as afore­
said shall be entitled to take into consideration any benefit or 
I~ornpensatioll \\"hich the proprietor or allY other person interesteu 
in the patellt or t..1,:si~n may have received directly or indirectly 
il'otll the State ur frum any :\Iinister or ally GO\'ernment Depart­
l,lcnt in respect or such patent or design. 
(3) 'rhe right to use an invention or a design for the service of 
the State under the provisions of this section, shall include the 
power to sell any urtides made in pursuance or such right which 
are llO longer rcquired for the service of the State. 
(-1) !\othing in this section shall affect the right of the State 
0['" of any person deriving title directly or indirectly from the 
State, to sell or use any articles forieited under the laws relating 
to the customs or excise. -
(5) In this section the word" applicant" means either an 
applicant for a patent or an applicant for the registration of a IP IN 11 IIRL/DI 1 
Page 52 
r So. 16.l Industrial and COJllmercial [1927. i 
ProlJf'rt!l (Pl'otr'rtio7l) ...tr't. 1!):27 . 
.[.!sigll. ;1:) the I.'il:-;\! !\lay r,.'quit· I:, and rh" ,von.l .; PI'Opl'i.:tor .. 
means an in\·cntor. 01' a patcntct'. or Cl. l'e~istel'ed proprietor of a 
design. as the ease may require. 
131.-(1') \Vhcl'e illlY pl~I'SOIl I.'lailllill!!' In ht1\'e an interl~st ill 
a patent, registered desi~n. ')r regist(>red traae mark, by 
circulars, ad.vertisements, or otherwise. threatens any other per­
son with any legal proceed.ings or liability in respect or any 
alleged infringement or the patent. or ot the copyright in the 
design or of the trade mark, any person aggrieved thereby may 
hing an action against him, and. may obtain an injunction 
.:l.gainst the continuance of such threats, and may recover sllch 
damage (if any) as he has sustained thereby, if the alleged 
infringement to which the threats rQ\ated was not in fact an 
infringement of the patent. copyright, or trade mark. 
(2) This section shall not apply if an action for the infringe­
ment of the patent, copyright in the design, or trade mark (u.<; 
the case may be) is commenced and prosecuted with due 
diligence. 
132.-(1) In an action for infringement of a patent the 
Court may certify that the ,-alidity of any claim in the sprcifica­
tion of the patent came in question, and if the Court so certific:> 
then in any subsequent action for bfringcment of such claim thr 
plaintiff in such subsequent action. on obtaining a final order 01' 
judgment in !lis favour. shall. unless the Court trying snrh 
subsequent action othenyj.:;e direct5. han~ his full t'O'lt=, and 
f.'xpenses as between solieitor and client so fal' as that r-lailll j" 
eonc(lrncd. 
(2) In all action 101' m! l'll1g'::n1C'nt of. the eopyri~ht in a 
registered design the Court may certify that the validity or the 
registration of such design came in question. and if the Court so 
certifies then in any subsequent action for infringement or snch 
copyright the plaintiff in such subseqnent action, on obtaining a 
final order or judgment in his favour, shall, unless the Court 
trying such subsequent action other\vise directs. have his full 
costs and expenseR as betv;een solicitor and client. 
(3) In any legal proceeding in which the validity of the 
registration of a registered trade mark comes into question and Le;; 
c1ecided in favour of the proprietor of such trade mark, the Conrt 
may certify the same, and if it so certifies then in any subsequent 
legal proceeding in which such validity comes into question the 
proprietor of the said trade mark, on obtaining a final order or 
judgment in his favour, shall, unless the Court tr)';ng such 
subsequent legal proceeding otherwise directs, have his fnll costs 
and expenses as between solicitor and client. 
133.-Th<, la\,\,' officer mav examine \Yitn(';.;s(>~ (Ill oath :111(1 
aJminister oaths for that Plll·PORl~. an.1 may mal;:(' l'llles l'l'!5Hlatil\~ 
references anel appeals to the law olHc~r anLl the pl'adil.'e and 
procedure before him under this _\ct; antI in any proceedillg 
hctore the law officer under this Act. the law officer may ordc~' 
eosts to be paid by either party, and any such order may be malIC' 
a rule of the court. Remedy in casa 
of groundless 
threats of legal 
proceedings. 
Certificate of 
validity 
questioned and 
costs thereon. 
Procedure on 
appeals to Jaw 
or'ncer. 
134.-\\11ere allY discretionary pt)\VI~r is hy or uncleI' this Act 
giv('n to the ('ontro11 er. he shall" not exercise that powcr 
adversely to the applicant for a patent. or for amendment of n 
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 pro­
prietor an opportunity of being heard. Exercise of 
discretionary 
power by 
controIJer. 
135.-(1) 'The controller and the .}[inister shall. in any pro­
ceedings before either of them l.mder this Act. respectively, haye 
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 court. 
(2) If any party giving notice of any opposition under this 
Act. or applying to the controller for the revocation of a Costs and 
security for 
costs_ ~ontroller may 
consult law 
officer. 
Recognition of 
ngents. 
Inventions, etc., 
contrary to law 
or morality. 
Controller to 
make annual 
reports. 
Minister may 
refer appeals to 
court. 
Minister may 
delegate his 
duties un~er this 
Act. 
Evidence before 
controller. IP/NI1 IIRL/DI1 
Page 53 
:.\"0. 16.~ lndllstl'ifll (lnd COllllilPI'rial rU)27. 
Pro/JPI'll) (Prot(!('{if)n) Att. 19:ti". 
patent. or gidng notice of appeal from llllY lh·d=-itlll or the con· 
troller under this Actl neither resides nor carries on business in 
~aorst,it. Eirl'ann. t!lf' ('Oilt:'oI\Pt .. rr in ('riSE' or appC'ul to thl' 
Minister, law officer, or the court, the Minister, law officer, or the 
('ourt may l'('quil'c sllch party to gi\'c sl'curity for thr. cost~ of thf~ 
procet'ciings or appeal. and ill (lefanlt of such security being gh-(,II 
!TIay proceed to tt'cat the proccedin~s or appeal as abandoned. 
136.-The tnntroll('l' ma\". in any ('n~e llf doubt 01' cUfficult" 
arising in the administratfon of a~y of the prodsions of thi~ 
Act, apply to th~ law officer for directions in the matter. 
137.-11\ \\"!l"n':'\'t'I' 1111(101' rhis Ad all\' ad has to hl, dOllL' b\" 
or' to any PfI'SfJll in cOllllexion with a patent, design, 01' trade 
mark or ally [ll'o('eduI'e relating to a patent or the obtaining 
thereof or to n design or trade mark or the registration thereoi, 
such act may under and in accordance with rules made under this 
.\ct or in p~rticlllaI' cases by special leave 01 the Minister be done 
by or to an agent or such person duly authorised in the pre­
:-:cribell manner. 
(2) Rull'';; UlHl(Ol' this Ad lllav allthl)t1Se the controller to l'~­
(use· to reeognise as agent in re'spcct or any husiness under this 
.\ct any per~on whose name, havillg been elltered in the register 
Ol patent agents uncleI' this ..-\et, has been removed thererrom. 
(:3) Rule.:; untll'l' this .. \tot may authorise the l:ontroller to 
Idll~'·' t,\ I'N·o!.!:ni-.;(, :1 ... ;l'!t'nt ill rl,,,jllld nf nny 11l1.;;int':'s untlcr thi::; 
,\,:1 a (·Umpall." Ill' rinll \11' \\hil·h :\11.\" dil'edul' lit' Itlilllagr.t' ')1' allY 
pat·tlll·t: (as tit;· ,· .. l.'\t' lIlay h,·) is :111 inlli\'jt!\lal .... h'/Ill th,' 1'1111-
t1'OI\I'1' could refuse to l'ecoglli:-:e as an agent. 
(,:1:) The cont1'o11('r shall rduse to recognise as alrent in respect 
of any husiness under this Act ally person who neither resides 
nor has a place of business in Saorstat Eireann. 
138.-(1) The eoutrollrr may l'cfuc;e to ~rallt a patent for an 
invC:lltiolll or to register a design, or trade mark of which the nsc 
would, in his opinion, be contrary to law or morality. 
(2) An appeal shall lie trorl1 the tlcc·ision of the controller 
under thig seet!on to the court, 
139.-Thc ('ont!'ol1cl' ::;hall. hdll,(, thf' fit'st flay nf 8epteml.ll'l' 
in every year, causc a report respecting the execution by or under 
him of this Act during the year ending on the previous 31r-.t day 
of ~rarch to be laid before both Houses of the Oireachtas, and 
therein shall include for the year to \vhich the report relates all 
general rules made in that year uncleI' or for the purposes of this 
.\c-t <lllll ;Ill aU'ollllt 1)[ all ("'(':'. salal'il's. and ;111,)\\,;11\.,.·<;. and 
Ilthcr money l'f'('ein:d allll paid llnder this .\d. 
140.-\\Thel1l·\"a cm appt"ll is mad .. , to the ~linist0l' nnder this 
Act, the ::\linister may if he thinks fit refer such appeal to the 
court in lieu or hearing and deciding it hilllself, but, unless the 
:\finister so l'eip.rs the appeal. it shall he heard and decided hy 
the :\finistcr ancI the dcci:,;ion ot the ~rinister shall he nna! 
141.-All thil1!!s !'cqttir'"l (H' unthnl'is(·(l lllltlL'r this Act to be 
llone by. to, or before the ~linistel' may be done by, to, or before 
a secretary or an assistant seeretary ot the }linister or any 
person authorised in that behalf by the ~[inister. 
142.-( 1) SnhjN·t to ~t,tlt'J'[l1 l'ul!'s mane nndt'r this Art, in any 
pl'oreedillg' un(ler this ~\c-t hrTOl'(, the c011tro11el' or the ~finistel' 
the Hl(lpt1(,f' shall hr ~i\"(,ll hy statntory d('clarati,)1l in th(' absenel' 
of dirertioll.;; tn th!' ronl I'an": J,ut ill any .'a."'r ill which the ('on· 
troller thinks it right so to' do, he may' take evidence viva voce 
in lieu of or in addition to eddence by declaration or allow any 
Jeclarant to be cross-examined on his declaration. Any such 
statutory declaration may in the casc of appeal be used bero-re 
the ('ourt in lien of e,-idence bv affidavit, hut if so used shall hay(' 
all tIll' inci(lrnts :111(1 l'nns!,qu·ence~ (If cvinencc hy affida,'it. IP IN 11 IIRL/D 11 
Page 54 
[Xo.16.1 Industr;rr/ and ('oIJlIJIPrriaZ f192i.-; 
Pl'op,'}'f!! (PI'f}/n'tinll) .I('f. 1f):27. 
(2) In case any part or the cviclcnee is taken t'ir.:{i t'oce, the 
('nntl'oll"l" :-hall. ill 1'I'~p .. d ,d 1":'1l1il'ill!!' t lH~ .11telluanC(I or 
\vitnesscs and taking cd<lelle:e 011 oath. and disco\'cl'Y and produ(:. 
tioll of documents. be in the SalTll~ po;:;ition in all l'l'spects :1;'; :l 
judge of the High Court. 
143.-1n any legal proc t:rt1il\z ill \\-hieh the relief songht 
includes alteration or rectificatioll (JI a reg-istE l' kept pursuant to 
this Act. the contl',)l1cr shall ha\'(~ t!1(! right tD appear and br 
heard, and shall appear if so directed by the C'lUl't. Unless other· 
wise directed by tht~ court. the t'fJlltl'oller in lieu of appearing 
and being heard may submit to the comt n. ~'utement in writing 
signed by him, giviLl~ particulars or thc proceedings beforc him 
in relation to the matter in issue: or (,f tltl' !!Tounfls or any decision 
U'iven by him uttectiw' the samt: lit' ut the practice or the omce 
in like eases, or of sllc"h other matters l'elc"ant to the issues, ancI 
within his knowled!.!e a~ snch clJlltrullel', as he shall think fit. 
Ilnd such statement shall be deemed to form part of the evidence 
in the proceeding. Appearance 
of controller 
in proceedings 
for rectification, 
144.-1n :lIi pr0cecdinqs het'Ill'l' 1 he CIHll't t11l11er thi!l Act the Costs of 
,·o-.t::; nt' tlw I',:l1t['I)III'I' "h;dl h. ill th ... ,Ii:-,·!,c-ti,'lll or th(~ l'OHrt. hut controller in 
the (·ontrollel' -;hall 1101 1)(' uI,tic'n,d t,) pa.\· the e(lsts of any other court -
proceedin~. party, 
145.-.-\ (·,'I,tifie'ate pllrpcd'til1!! tl) Iw Ulllh,l' the hanrl or the Certificate of 
':flntl'ol1r'I' a~ to allv l'Ill!'V. 1Ilatti'!'. Ill' thin!:!' \\'hi,·h hl~ is antho. controller to 
risecllH' this :\c't. n;' illl\' '~'-'I1('I';l1 1'111,'-': 111:1ci(' tJJ('I',~nnrle'I'. to make be evioence 
(Jl' do. 'shall h.,: Ijriill,i ~('/f:ic ,-,\-irl(·!\,',· lit the. ('lltl'y ha\'ill~ b';l'll 
made. and oi thc cuntt.:ll!S t~.:l'eM. f)~' oi the !llattet' Ot' thill~ 
having been done or left undone, 
146.-Printeu 'Jr writtc·n l'opies Ot' extracts, purporting to he 
t:ertifictl hy the eont1'ollel' or an officc-r of the controller 
and sealc:d with the se-al of the e'lmtrol1er, of 01' from patents. 
specifications, designs, trade marks, and other documents in the 
Office, and of or from registers and other books kept there, shall 
he admitted in evidence in all courts and in all legal proceedings 
without furtrp.r proof or production of the originals. Sealed copies of 
documents in 
office to be 
evidence. 
147.-Any application, notiee. or other document authorised or Notices may be 
rcqnir('cl to he It,rt. ruacle, 01' !:rh'I'1l at the Office 01' to the con. sent by post. 
troller, or to any other p('rson under this Act, may be sl.'nt iJ) 
post, 
148.-\V1H'l'C the last clay fixed hy this .\d' for doing anything Excluded days. 
undet, this Act falls on any l.lay specified in general rules made 
Hurler thi~ .\d a~ nll l'x(·luclell day. the nlles may provide for the 
thing beiug dl'll1£' Im the llext ~\Ihsr'lt1C'l!t 11;1y which i!'j lIot an 
t'xelnde.l day, 
149.--{ 1) If allY pl'rSI,n is. hy 1'1'aS(,l1 of infancy, lunacy, or Declarations by 
other disability, inc:lpabl~ 0)£ makin!! any (leclaration or doing infants, 
anything required or p<'rmittcd hy or under this Act, the guar-lunatics. etc. 
dilln or committee (if any) of the person subject to the disahility, 
or, if there be none, any person appointed by any court posst'ssin~ 
jurisdiction in respect of his property, may make snch declaration 
or a declaration as nearly correspo:1ding thereto as circumstances 
permit, and do such thing in the' name and on behalf of the person 
subject to the disability. 
(2) An appointme'nt may he mad~ by the court for the pnrpose~ 
of this section upon the petition or any pe'l'son acting on behalf 
of thr person subject to the disability or of allY other person 
interestNl in the makin!! of the dcclur'atiol1 or the doillg of the 
thing. 
150.-(1) If any person makes Ot' canse's to be made a false Offences, 
entry in any register kept under this Act, or a \vriting falsely 
purporting to be a copy of an entry in any such register, or pro-
duces or tend~rs or causes to be prodl1c(ld or ten(lered in eddence Unauthorised 
user of State 
badges. 
International 
arrangements. IVo.16.1 [lldllstrial and Con~merciat 
Pl'ol)t'rt!l (Pl'o{pction) Act. Hl2i. IP IN 11 IIRL/D/I 
Page 55 
[1927. J 
:lny such \\'l'itilll!. kllowillg the entry or writing to be false, he 
shall be guilty of a misdemeanonr. 
(2) If any person falsely represents that any article sold by 
him is a patentrd artidc. 01' falsely describes any design applied 
to any article solfl by him as registered, or falsely represents 3. 
tl'ade mark as re!.!istered. he shall be guilty of an offence under 
this sub-section a;d shall be liable on summary conviction there· 
of to a fine not exceeding five pounds. 
(3) If any person sells an article having stamped, engraved, 
or impressed thereon or otherwise applied thereto the word 
" patcnt," " patented," 11 registered," or any other word express· 
in~ or implying that the article is patented or that the design 
npplied thereto 0[' the trade mark thereon is registered, he shall 
bf~ deemed for the purposes of this section to represent that the 
article is a patented article or that the design applied thereto 
is a registered design or that the trade mark theI'€on is a regis. 
tered trade mark. 
(4) Any person who, after the copyright in a design has 
expired, puts or causes to be put 011 any article to which the 
design has been applied the \vord " registered," or any word or 
words implying that there is a subsisting copyright. in the design, 
shall be guilty or an offence under this sub·section and shall be 
liable on summary conviction thereof to a fine not exceeding five 
pounds. 
(5) If any person uses on his place of business, or on any docu­
ment issued by him. or otherwise, any ''lords suggesting that his 
plaf:c (It busill"s,,;; is officially connected with. or is, the Office. he 
shall be !!uiltv ne an offence uncleI' this sub-section and shall be 
liable' 011-SUn~ll1ill'Y conviction thereof to a fine not exceeding 
twenty pounds. 
lS1.-.\ny person who without lawful authority uses in con· 
nection 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 (01' any badge, device, emblem, or fug 
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, devicp.: emblem, or flag, shall 
be guilty of an offence under this section and shall be liable 
011 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. 
152.-( 1) If nny arrangement binding on Saorstat Eireann 
(whether hy reason or its having been made by the Governor­
General on the advice of the Executive Council or for any other 
reason) has hern or shall be made with the government or any 
foreign state tor mutual protection of inventions, or designs, or 
trade marks, t hen any person who has applied for protection for 
any invention, design, or trade mark in that $tate, 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 i 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:-
(11) in the case of a patent, the application for protection in 
Snorstat Eireann shall be made within twelve months 
nfttOr the date of the application for protection in the 
r'Jrfign state or, where such last-mentioned application 
was pending at the commencement of Part IT. of this 
.\<:t. \\'ithin twdv~ months aiter the date of such corn· 
Illeneement. and 
(1)) in the case of a design, the application for protection in 
~~aorstat Eireann shall be made w1thin four months 
:dtel' the dat", of the application for protection in the IP/N/l IIRL/DI 1 
Page 56 
[No. 16.J Industrial ((nd (,'olJllllel'cial 
Property (Protection) Act, 192i. [1927. ] 
ll:l'l'i;;n ~tate I):', \\'ill.'l't,' 'lll'h last-IIl':lltiulleti applit'ati01l 
was pl'lltiing at the cummencement or Part Ill, of this 
~\ct, within lOur lIJonths after the date of such com­
mencement. and 
(I;) in the case of a tradc mark, the application for protec­
tion in Saorstat Eh'cunn shall be made within four 
months after the datc of the application for protection 
in the foreign .:;tate or, where such last-mentioned 
application was pending at the commencement of 
Part rv. of this Act, within four months after the 
date or such commencement, 
(2) Nothing in this section shall entitle the patentee under a 
patent or the proprietor of a design or trade mark to recover 
uamages for infringements happening prior to the date on which 
the compldc specification ror the patent is accepted or the regis­
tration of the design or trade mark is completed (as the casc 
Ulay be), 
(3) The patent granted for the invention or the registration 
of the design or trade mark shall not be invaiidated-
(a) in the ease of a patent, by reason only of the publicati0u 
of a description of, or the use ofJ the invention; or 
(b) iu the case or a. design, by reason only of the exhibition 
or use oi, or the publication of a descrIption or repre­
sentation oi, the design; or 
(c) in the case of a trade mark, by reason only of the ll.'~e 
of the trade mark, 
in Saorstat Eireann during the period specified in this section U:3 
that within which the application may be made, 
(·41 The npplii:atioll r")l' the !,l'l'unt (If a patl'llt: or the l'q~i:jtl'a­
t iOil of a design, ur the regist I'a tiOI1 or a trade mark under this 
section, must be made in the same malll'er as an ordinary appli­
cation under this Act: 
Provided that-
(a) in the case of patents the application shall be accom­
panied 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 commence· 
mcnt of Purt n, of this Act (as the case may require; 
shull with the drawings (if any) l~ open to pubUc 
inspection at the expiration of that period; and 
(IJ) in the case of trade marks. any trade mark the registra­
tion of which has been duly applied for in the country 
of origin may be registered under this Act. 
(5) The provisions of. this section shall apply only in the case 
of those foreign states with respect to which the Governor·General 
by order made on the advice of the Executive Council declares 
th\.'1I1 to he applil'ahk aud so long only in the ease or each state 
n:; the ol'dl'l' l'lIlltillIlC'i ill r'~rce with l'€'sped tt) that state, 
(6) WIll'I'l' it is m;tc1e to appear 10 the U0veruor-Gencral thu~ 
the legislaturc of allY B1'itish dominion, protectorate 01' tcrritory 
has made :-:utisfadol'Y l)!'o\'i::;iuit for the protection of inventions. 
tlesigns, 01' tradc marks: patented or registered in Saorstat 
Eircllnll, it shilll he lawful for the Governor-General bv order 
Illude 011 the at.h-ic:e or the Executive Council to apply the pro­
\'jsiol\s of this :->t'dioll to that dc.lminioll, protectorate or territory­
with sueh variations or additions, if ally, as may be stated in thl;; 
order 
153.-(1) Thc :\filljst~'r may make ~nwh general rules and do Minister may 
sHch things as he thinks expediellt, subject to the provisions of make generel 
this Act,- rules, ete. 
((I) 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 i 
(c) for making or requiring duplicates of specifications, 
designs, trade marks, drawings, and other documents; Copyright r .vu. 16."~ indus/rlul und ('ollllllercial 
Property (Protection) Act~ 19:17. IP IN/llIRL/DI 1 
Page 57 
[1927. J 
(d) (Ol" ~l"~lll"il1~ and n'!.ptlatin~ the publishing alld :-iellillg 
or copies. at such prices and in such manner as he 
thinks tit, of specifications, designs, tradc marks, 
d.rawings, and other documents; 
tr:) fOl" l"cu:ulatil1g (with the appro\'al of the Minister for 
Finance) the publication, i:ssue, and sale of the 
journal antI all supplements thereto, rl'ports, and other 
documents which the eontroller is bv this Act 
rcql1irc(1 ur authorised to publish or is;ue. and for 
regulating the matters to be published in the Journal 
and such supplements. rl'p()rt~. and other document3 
rcspectiH:ly; 
Cl) for st'cmin!; and regulating the making". printing, pub­
lishing, and selling of indexes to, and abridgments of, 
specifications, designs, trade marks, and other docu­
ments in the Office, and providing for the inspection 
of such indexes and ahridgments and other documents; 
(!I) for regulating (with the approval of the ~1inister for 
Finance) the presentation of copies of publicatiuns 
made under this Act to patentees and to public authori­
ties, bodies, and institutions at home and abroad i 
(It) Llr r(!!uiatil1~' the hepin!? of thc scycral registers to be 
kept pursuant to this Act; 
(i) 101' pr't'scribinq any matter 01' thing referred to in this 
.:\ct as prescribed or to be prescribed; 
\l) 101' (i(jin~ anything which is by this Act authorised or rc­
quire!l to be done, or is in this Act referred to as 
}'ciIE!' ... t· to he dOlle. by g~nernl rules made under this 
.\ct: 
i/,') !.!l·n'·l",dh" illi' rl'!!lllariuu: the business of the Office, auti 
-all things by t-his Act placed under the direction or 
<.:ontrol of the <.:ontroilel'. or of the )Iinister. 
(2) General rules made under this section shall whilst in force 
Le of the same c-frect as if they were contained in this Act. 
(3) All rules made in pursuance o{ this section shall be adver­
tised twice in the Journal, and sball be laid before both Houses 
of the Oireachtus us soon as practicable after they are made, 
and if either House of the Oireachtas within the next forty days 
aiter any rules have been so laid before that House, resolves that 
t he rules or any of them ought to be annulled, the rules or those 
tu which the l"esolutioll applies shall after the date of such reso­
lution be of no effect, without prejudice to the validity of any­
thing done in the meantime under the rules or to the malcing of 
any new rules. 
P.ART YI.-COPYRIGHT. 
154.-1 I i :-:Ill'.i."d '" Ihl' pl·.,\"j'i"IJ:-- Ill' this .\.·t. '·lIp.\"l"i!!ht shah 
~Ilh-;ist ill ~aul·:..;l"lt Eil"e<lllll 1'1)[" the term hereinafter mentioned 
ill l'\Cl'.\" ul'i~il"ti litl'l"lll"Y. dl"alllatil', IIlllsi('al, alld arti!Stic \\"ork. 
if-
(0) ill the ease of a {IuhlisheJ work, the work was first pub. 
lislled within :)aOl'!Slat Eireallll; and 
(b) ill thc <'ase of all unpuhlished work, the author was at 
the datc of the making of the work a citizen of 
~aot'st"lt Eireallll or resident within Saorstat Eil"eann; 
lint ill no other w()rks, except so 1ar as the protection conferred 
hr thiS ~\ct is extended by Urdel'~ thereunder relating to British" 
dlllllinion:-i Hllll to fOl"eign evuntries: 
Provided that the C:ovemor-Gene:rnl mnv In-Order made on 
the uth"ice oi the Executi\'c Council direc-'t that copyright sub­
-;isting in Saorstilt Eil'('unll under the pl'o\'isions of this sub-sec­
t iOIl. ill wl\l'ks the authors of which were at the date of the mak. 
in!! 01' the work citizens of a country llamed in the Order with 
which no counution relating to cop):rigbt and binding on Saor· 
"tat Eireann exists and in respect of which no Order has beel, 
made undpl' the pro\"isiullS of section 175 (which relates to pow('r 
to extend the benefit of this Part of this Act to work,: 
first published in a British dominion or foreign country) I)f IP IN 11 IIRL/D 11 
Page 58 
c So. 16. J Industrial and Com mercial [1927. J 
Pruperty (Protection) Act: 1927. 
this Act, shall be subject to sueh c;;;;uitions or formalities (if anyl 
as may be prescribed Ly 1 h~ Orde~ aud to such modifications a:;; 
regards the (Jwnel'~hlp or the copyright or otherwise as may ap­
pear necessary owillg to the la",: of that country. 
(2) For the purposes of this Part of this Act, " copyright" 
means the sole right to produce or reproduce the work or any 
substantial part thereof in allY material form whatsoever, to per­
form, or in the ease of a lecture to deliver, the work or any 
substantial part thereof in public; if th2 work is unpublished, 
to publish the .,York or any substantial part thereof; and shall 
include the sole right-
Ca.) to produce. reproduce, perform, or publish any trans­
latioll 0( the work: plo\-ided that such right shail as re­
gards translations into the Irish language cease to 
exist unless the author of the work or his legal repre­
sentative shall have within a period of ten years from 
the date of the first publication of the work published 
or eaused to be published in Saorstat Eireaun a trans· 
lation of the work into the Irish language j 
(b) in the case of a dramatic work: to convert it into a novel 
or other non-dramatic work: 
(c) in the case of a novel or other non-dramatic work, or of 
an artistic work, to convert it into a dramatic work, 
by way of perfonnance in puhlic or otherwise; 
(cl) in the case of a literary, dramatic. or musical work, to 
make ally record. perforated roll. cinematograph film, 
or other cOlltriytlnce by Illeans or which the work may 
be meeh[111ieally perjvrmed or delivered, 
and to aut horise any such acts as aforesaid. 
(3) For the purposes of this Part ot this Act, publication, in 
relation to any ' ... ·ork, means the issue of copies of the work to the 
public, and does not include the performance in public of a dra­
matic or musical work, the delivery in public of a lecture, the 
exhibition in public of an artistic work, or the construction of an 
architectural work of art, but, for the purposes of this provision, 
the issue of photographs aud engravings of works of sculpture and 
architectural works of art shall not be deemed to be publication 
of such works. 
(4) Xotwithstanding anything contained in section li4 (which 
relates to the preservation of existing copyrights) of this .:\I!t, 
paragraph (a) of sub-section (2) of this section shall apply tu 
eopyright acquired before the 6th day of December. 1!l21, as wen 
as to copyright acqnired since that date under this Act. 
155.-(1) Copyright in a work shall be deemed to be in-Infringement of 
fringed by any person ",,'ho, \',,-ithout the consent of the owner of copyright. 
the copyright, does anything the sole right to do which is by thi'5 
Part of this Act conferred on the owner of the copyright: 
Provided that the following acts shall not constitute an infringe­
ment of copyright:-
0) any fair dealing with any work for the purposes o{ 
private study, research, criticism, review, or news­
paper summary; 
(ii) where the author of an artistic work is not the owne'i' 
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. proyided that he does not 
thereby repeat or imitate the main design of that 
work; 
<.Hi) the makinl; or publishing of paintings, drawin,:!:-; 
engravings, or photographs of a wc,rk of sculpture ::: 
artistic craftsmanship, if permanently situate in Cl 
public place or building, or the making or publi~hing 
of paintings. drawings .. engravings, or photograph 
(which arc not in the nature of architectural drawin!,~ 
or plans) of any architednral work of art: 
(i\') the pnhlicatioll in n C'nlledioll of }il'ose 01' poetry or of 
both. blll1(1 ftlle illtended for' the Hse of seho01s and so 
deserib.:d ill the title and in allY au\'ertisements issued IP/N/lIIRL/D/l 
Page 59 
!"Vu. 16.1 Illdustrial ([nd ('olillllel'ciaZ 11027.: 
Propf!rty (Prutectiun) .1cf~ 1!)~7. 
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 
\"'hieh copyright ~nh~ists: Provided that such passages 
shall not include passages taken from copyright \vorks 
within th'e ~'eilrs horn date or first publication and 
, hat not more than two of such passages from works 
by the same author are published by the same publisher 
in anyone book. and that the sources from which such 
passage ... are taken are aeknowledg-ed; 
(v) the publication in a newspaper of a report of a lectur'~ 
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 bnilding is being u<;o?d 
for public worship, in a position near the lecturer i 
but nothing in this paragraph shall affect the pru­
visions in paragraph (i) as to newspaper summaries; 
(vi) save in the case of a work which was first published after 
the comlllellC'ement ot this Part 01.' this Act, the read­
ing or recitation in public by one person of any 
rcasonahle extract from any published work i 
(vii) in the case 01.' a work which was first published after the 
commencement or this Part of this Act, the reading 
or recitation ill public as part or a lecture, address, 
sermon, or ,.;pel't'h or nn~' lla,,;ollahle extract from the 
work. 
(2) Copyright ill a work shall also be deemed to be infringed 
by any person wh(}-
(a) sells or lets for hire, or by ,vay or tl'ade exposes or offers 
for sale or hire; or 
(b) distributes either for the purposes of trade or to such 
an extent as to affect prejudicially the owner of the 
copyright; or 
(c) by way of trade exhibits in public; or 
(d) imports for sale or hire into Saorstat Eireann any work 
which to his knowledge infringes copyright or would 
infringe copyright if it had been made within Saor­
stat Eireann. 
(3) Save in the case of a work which \\'as first published after 
the commcllcement of this Part of this Act, copyright in a work 
shall also be deemed to be infringed by any person who for hig 
private profit permits a theatre or other place of entertainment 
to be used for the performance in public of the work without the 
eonsellt of the owner <)i the cop~Tight, unle~s he was not aware 
and had no reasonable ~l'ound ior suspecting that the perform­
ance would be an infringement or copyright. 
(4) In the case of a ·work first published after the commence­
ment of this Part of this _\ct, copyright shall also be deemed to 
be infringed by any person who permits a theatre, hall, room, 
or other place to be used tor the public performance for profit of 
the work without the consent of the owner of the copyright, 
unless such person was not aware and had no reasonable grounds' 
for suspecting that the performance would be an infringement of 
copyright. 
(5) Every person who permits a theatre, hall, room, or other 
place to be used for a performance \vhich is, under the next pre­
ceding sub-section of this section. an infringement of copyright" 
shall be guilty of an offence under this section, and shall be liable' 
on summary conviction thereof to a fine 110t exce€ding fifty 
pounds. 
(6) Notwithstanding anything contained in section 174 (which. 
relates to the preservation of existing copyrights) of this Act, 
paragraph (iv) or $uh·s('rtion (1) of this section shall apply t,) 
.:opyright acquirccl hdol'c thp Gtll day or j)'·(,'.'lllber. 1921. as we!l 
as to copyright acqnireu since that date under this Act. IP/NI 1 IIRL/DI 1 
Page 60 
rYo.16.l Industrial and ('ommf'rrial [1927.J 
- ·P/'u/Wl't!J (Pro/c('lion) Act, 1927. 
156.-Th.' tcrm [01' whieh copyright shall subsist shall, except Term of 
as othel'wi!:iC expressly provided lJY this Act, he the life of t.Le ropyright.. 
author and a period of fifty years after his death: 
Provided that at any time after the expiration of twenty· 
fh'e years or, in the case of a work in which copyright subsisted 
011 the 16th day of December, 1911, thirty years from the death of 
the author of a published work, copyright in the work shaG 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 ma-nner to, or fo!, 
the benefit or, 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 j 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 thinb 
fit) regulations requiring payment in advance or otherwi~e 
securing the payment of royalties. 
157.-If at any time after the death of the author of a literary, 
dramatic, or musical work which has been published or per­
formed in public a complaint is made to the MinLc;ter that the 
owner of the copyright in the work has refused to republish or to 
all 0 Vv' the republication of the work or has refused to allow the 
performance in public of the work. and that by reason of sueh 
refusal the \\'ork is withheld from the public. the owner of tIte 
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. 
158.-(1) Subject to the provisions of this Act, the author of a 
work shall be the first owner of the copyright therein; 
Provided 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 con· 
sideration in pursuance of that order, then, in rhe 
ab!':flllce of any agreement to the contrary, the person 
by whom such plate or other original was ordere...i 
shall be the first owner of the copyright; and 
(0) 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 employ­
ment hy 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 copyrigM, 
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, 
ue 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 si~ilar 
periodical. 
(2) The owner of the copyright in any "lork may assign the 
right. either \\'ho11y or partially, and either generally or subject 
to limitation as to place or. otherwise and either for 
the \vhole term of the copyright or for any part 
thereof. and may grant any interest in the right by licence, but 
no such assignment or grant shall be valid unless it is in writing 
signed by the owner of the right in respect of which the assigr 
ment or grant is made, or by his duly authorised agent: 
Provided that, where the author of a work is the first owner 
of the copyright therein. no assignment of the copyright, aml 
no grant of allY interest therein. made by him (otherwise than Compulsorv 
licences. 
Ownership of 
~pyright, ete. Civil remerue:, 
for infringement 
of copyright. 
Rights in respect 
of infringing 
copies, etc. 
Exemption of 
innocent 
infringer from 
certain liabilities. IP/N/lIIRL/DIl 
Page 61 
[.Vo. 16.] Industrial and Commercial [1927.: 
Property (Protection) Act. 1927. 
IIY will) aitcl' the passing of this A<.:t. ~hall be opl'l'ati\'c to n· ... t 
in the assignee or grantee any rights with l'lspect to the Ctlpy· 
right in the work beyond the expiration of twenty-five years 
from the death of the author, and the re\'ersionary interest in th.? 
copyright pxpectant on the termination of that period shall. Oil 
the death of the author, notwithstanding any agreement to th( 
contrary, devolve on his legal personal representatives as pal'! 
of his estate, and any agreement entert:!d into by him as to the 
disposition of such reversionary interest shall be null and void. 
but nothing ill this proviso shall be construed as applying to t1le 
assignment of the copyright in a collective work or a lieence to 
publish a work or part of a work as part of a collective work. 
(3) \Vhere, under any partial assignment of copyright, t~1c 
assignee becomes entitled to any right comprised in Mpyright, 
the assignee as respects the right so assigned, and the assignor 
as respects the rights not assigned, shall be treated for the 
purposes of this Act as the owner of the copyright, and the 
provisions of this Act shall have effect accordingly. 
159.-(1) 'Where copyright in any work has been infringed, 
the owner of the copyright sha.ll, except as otherwise pro";dr.d 
by this Act, be entitled to all such remedies by way of injun,~. 
tion, damages, accounts. and otherwise, as are or may i)c 
conferred by law for the infringement of a right. 
(2) The costs of all parties in any proceedings in respect 0i 
the infringement of copyright shall he in the absolute discretinrJ 
of the court. 
(3) In any action for iniringement of copyright in any work. 
the ,york shall be presumed to be a work in which copyright 
subsists and the plaintiff shall be presumed to be the ov.-ner 
of the copyright, unless the defendant puts in issue the existence 
of the copyright, or, as the case may be, the ti.tle of the plaintiff. 
and where any such question i~ in issue, then-
(a) if a name purporting to be that of the author of th(~ 
work is printed or otherwise indicated thereon in the 
usual manner, the person whose name is so printed or 
indicated shall, unless the contrary is proved, !j(: 
't>resumed to be the author of the work; 
(b) if no name is so printed or indicated, or if the name so 
printed or indicated is not the author's true name I)r 
the name by which he is commonly known, and a name 
purporting to be that of the publisher or proprietor of 
the work is printed or othe1'\v1se indicated thereon ill 
the usual manner the person whose name is SJ printed 
or indicated shall. ul11e~s the contrary is proyed. !).~ 
presumed to be the owner of the copyright. in the 
work for the purposes of proceedings in respect of the 
infringement of copyright therein. 
160.-All infringing copies of any \vork in which copyright 
subsistq, 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 he the property of the owner of th-.: 
copyright. v.ho accordingly may take proceedings for the re­
covery of the possession thereof or in respect of the conversion 
thereof. 
161.-Where proceedings are taken in respect of the infrin!?,e­
ment 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 ~round for <:'usppl',tinrr fhnt 
copyright ~nbsisted in the work. IP/NI 1 IIRL/Dll 
Page 62 
[No. 16.1 lndustl'ial and ('nmmercial rH)27.1 
Pro/)I'!'!!! (Pro/ I'Ctif)ll) .let. ID:27. 
162.-( J) WhC'l'e thl' (:ollsi nit'! ion of a huilding tJt· othl'r struc­
ture 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. 
(2) Such of the other provisions of this Act as provide that 
an infringing copy of a work shall be deemed to be the property 
of the O"WLler of the copyright, or as impose sunimary penalties, 
shall not apply in any case to which this section appliet:. Restriction on 
remedies in the 
case of 
architecture. 
163.-An action in respect of infringement of copyright shall Limitation of 
not be commenced after the expiration of three years next after actions. 
the infringement. 
164.-(1) If any person knowingly- Penalties for 
dealing with (a) makes for sale or hire any infringing copy of a work infringing copies. 
in which copyright subsists i 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 i or 
(c) distributes infringing copies of any such work either 
for the pnrposes of trade or to such an extent as to 
affect prejudicially the owner of the copyright i or 
(d) by \\'ay of trade exhibits in public any infringing copy 
of any such \vork: or 
(e) imports for sale or hire into Saorst:lt Eireann any in-
fringing copy of any such work; 
he shall be guilty of an offence tmder 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 
exceedin'g 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 exce!ding two months. 
(2) If nny person knowingly makes or has in his possession 
any plate for the purpose of making infringing copies of any 
work in which copyright subsists. or knowingly and for his 
private profit causes any such work to be performed in public 
withont the consent of the o\vner of the copyright, he shall be 
guilty of an offence under this Act. and be liable on summary 
conviction thereof to a fine not exceeding fifty pounds, or, in 
the case of a second or subsequent offenc:?, either to such fine. or. 
at the discretion of the court. to imprisonment with or without 
hard labour Ior a term not exccCt1ing" two months. 
(3) The court hefore which any such proceedings are taken 
may, whether the alleged offender is convicted or not, order 
that all copies of the \\=ork or all plates in the possession of the 
~ alleged offender. which appear to it to be..infringing copies nr 
plates for the purpose of making infringing copies, be destroye(; 
or delivered up to the owner of the copyright or otherwisc deall 
with as the court may think fit. 
(4) Nothing in this section shall. as respects musical works, 
affect the provisions of Part VU. of this Act. 
165.-(1) Copies made out of Saorstat Eireann of any work Importation of 
in which copyrigoht subsists which if made in Saorstat Eireann copies. 
would infringe copyright, and as to which the owner of the 
copyright gh-es notice in writing by himself or his agent to the 
Revenue Commissioners. that he is desirous that such copies 
should not be imported into Saorstat Eireann. shaH not be so 
imported. and shall. subject to the prmrisions of this section. 
be deemed to be inclnded in the table of prohibitions and re-
strictions contained in section forty-two of the Customs Con-
soliclation Act, lSi6. and that s(,('tinll shall apply accordingly. Wnts of joint 
autho~s. 
'Posthumous 
works. r Yn, 16.l JudllsfrinZ and Cnmmfl'rial 
PtOlIC!'!!! (Prnte(·tiolt) .let. ID27. IF IN II/IRL/D 11 
Page 63 
[1927. J 
(:2) l~t'fOI'I' fh·t;\illin~ ;llIY ,,1\1,11 (·npies or taking any further 
pl'I)('('el1in~s with ;" yjr·w to the fl)J'ft.'itme thereor under the law 
relating to tlw ('m-:tom". the R('\'('ntlc ('ommissioners may require 
the rc:!ulations undl'r rhis section, whether as to information. 
conditions. or other matters. to be complied with. and may satisfy 
themselves in accor<lancf \\;th those regulations that the copies 
arc such as are prohibited by this section to be imported. 
(3) 'rhe RC\"enuc Commissioners may make regulations, either 
g-cneral or specia1. respecting the detention or forfeiture of copies 
the importation of which is prohibited by this section, and the 
conditions. if any, to be fulfilled before such detention and for­
feiture. and may. hy stll:h rc~ulations. determine the information, 
notices, and security to be given, and the evidence requisite for 
any of the purposes of this section, and the mode of verification 
of such evidence. 
(4) The regulations may apply to copies of all works the 
importation of copirs of which is prohibited by this section, or 
different regulations may be made respecting different classes of 
such works. 
(5) The regulations may provide for the iniormant reim­
bursing the Revenue Commissioners all expenses and damages 
incurred in respect of any detention made on his iniormation, 
and of any proceedings consequent on such detention; and may 
provide ror notice') under any enactment repealed by this Act 
being treated as notices given under this section. 
(6) ,The for('~oi!lg p!'o\"isions or this section shall have effeC't 
as if they were. part of the Customs Consolidation Act, 1876. 
166.-0) 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 ~-\ct 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 ,yho dies last, which­
ever period may be the shorter, and in the provisions of this 
Act with respect to the ~rant 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. 
(2) Where. in the case of a 'vork of joint authorship,' Borne 
one or more of the joint authors do not satisfy the conditions 
coni'errin!! copYl'icrhr laid 110'.\'n by this Act, the work shall 
be treated tor the purpos('s of this Act as if the other author 
or authors had becn the sole author or authors thereof: 
Provided that the term of the copyright shall be the same 
as it would ha \'e been if all the authors had satisfied such 
l'onditions as aforesaid. 
(3) For the purposes of this Act, f' a work of joint author­
ship" means a \york produced by the collaboration of two or 
more authors in which the contribution of one author is not 
11i~tinct from the contribution of the other author or authors. 
(4) Where a married woman and her husband are joint 
authors of a work the interest of such married woman therein 
shall be her separate property. 
167.-{ 1) In the ('a;:;e of a literarY, dramatic. or musical work. 
or an engraving, in \\'hich copyright subsists at the date of the 
death of the aut.hor or, in the case of a \'lork 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 
t he case of a lc,ctnrc. been delivered in public, before that date, 
C()p'yl'j~ht ~hall s\lh~jst till publication. 01' performance or delivery IP IN 11 IIRL/DI 1 
Page 64 
[.Vo.16.J Industrial and ('ollllllerC'ial r1927.-
ProjJt'l't'j (Pru/f)ctiuil) Act. lU2/. 
in public, whichever may first happen. and for a t(;rm of fifty 
years thereatter. and the proviso to section 156 (which relates to 
term of copyright) oi this Act shall. in the case or such a work, 
apply as if the author nad Jied at the date or such publication 
or performance or delivery in public as aforesaid. 
(2) The ownership of an author's manuscript after his death. 
where such ownership has been acquired under a testamentary 
disposition made by the author and the manuscript is of a work 
which has not been published nor performed in public nor de­
livered in ,Public, shall be prima jacie proof of the copyright 
being with the owner of the manuscript. 
168.-( 1) The copyri!!'ht in ('\'I-1'y work prepared or published 
by or under the direction or control of the late Provisional 
Government of Ireland or any )1inister or Department thereof 
shall, subject to any agreement with the author, belong to the 
Government of 8ao1'8tat Eireanu. and shall continue for a period 
of fifty years from the date of the first publication of the work. 
(2) The copyright in every work prepared, printed. or pub­
lished (whetheJ' before or after the commencement of this Part of 
this .\ct) by or under the direction of the GOHrnment of Saorstat 
Eireann or any )Iinister or Department thereof or by or under 
the superintendence or authority of the Stationery Offi~c shall, 
subject to any agreement with the author thereof, belong to the 
Government of Saorstat Eireann and shall continue for a period 
of fifty years from the date of the fir:)t publication of the work. 
.169.-11) Copyright shall .'iub:;i:.;t in rc-cords. 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 o'W'1ler is a body corporate, the body corporate 
shall be deemed for the purposes of this Act to reside within 
Saorstat Eireann if it has established a place of business within 
Saorstat Eireann. 
(2) It shall not be deemed to be an infringement of copyright 
in c.ny musical work for any person to make within Saorstat 
Bireann records, perforated rolls, or other contrivances by means 
of which the ,york may be mechanically performed,-if such person 
proves-
(a) that such contrivances have previously been made by, or 
with the consent or at:quieseence 01, the owner of the 
copyright in the work: and 
(b) that he has given the prescribed notice of his intentioll 
to make the contrivances, and has paid in the pre­
scribed manner to, or fer the benefit of, the owner of 
the copyright in the work royalties in respect of all 
such contrivances sold by him, calculated at the ra~a 
hereinafter mentioned: 
Provided that-
(i) nothing in this provision shall authorise any alteration.-; 
in, or omissions from. the work reproduced, lmle.:!s 
contrivances reproducing the work subject to similar 
alterations and omissions have been previously made 
by, or with the consent or acquiescence of. thp. 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 prodsion. a mmdcal work shall 
be deemed to include nlly words so closely associated 
therewith as to form part of the same work, but shaH 
not be deemed to hiclude a contrivance by means ,)f 
''''hich sounds may be mechanically reDrodueed: Copyright in 
Goyernment 
publications. 
Copyright in 
mechanical 
musical 
instruments. IP/N/llIRL/DIl 
Page 65 
[:\'0. 16.J Industrial and ('om7n('rriul [H)2i.: 
P I'operty (1' J'utettiun) Ad, lU:l'i. 
(3) The rate at which such royalties as aioresaid are to Le 
calculated shall be five per cent. on the ordinary retail selling 
price of the contrivance calculated ill the prescribed manner, so, 
however, that the royalty payable in respect of 11 contrivance 
shall, in no case, be less than 11 halfpenny for each separate 
musical work in which copyright subsists reproduced thereoll, and, 
where the royalty calculated ilS aforesaid includes a iraction of 
a farthing, such fraction shall be reckoned as a farthing: 
Provided that, if, at any time aiter 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 
:\Iinister may, aiter holding a public inquiry, make an order 
either decreasing or increasing that rate to sllch 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 cOllfirmed by a resolution passed by each House Qf 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. 
(-!) Ii any such contrivance is made reproducing t, ... ·o or more 
different works in which copyright subsists and the owners of 
the copyright therein are different persons, the sums payable by 
way of royalties under this section shall be apportioned amongst 
the several owners of the copyright in such proportions as, failing 
agreement, may be determined by arbitration. 
(5) \Yhcn any such contrinll1ces by lllcans oi whieh a musical 
work may be mechanically pt~riormcd have been IllilLle. then. for 
the purposes of this section. the owner of the copyright in the 
work shall, in relation to any person who makes the appointed 
inquiries, be deemed to have given his consent to the making of 
such contrivances if he fails to reply to such inquiries withi.11 
the appointed time. 
(6) For the purposes of this section, the Minister may maka 
regulations appointing anything which under this section is to be 
appointed. and appointing the mQde 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, and any 
such regulations may, if the Minister thinks fit, include regula­
tions requiring payment in advance or otherwise securing the 
payment of royalties. 
(7) In the case of musical ,yorks published before the firsl 
day of July 1912 the foregoing provisions shall have ~ffect. 
subject to the follov.-ing modifications and additions:-
C(l) the conditions a:.-; to the previons making by. Ul' with the 
consent or acquiescence of. the O\\'IH~r of the cupyright 
in the work, and the restrictiolls as to alterations in ul 
omissions from the work, shall Hot apply; 
( b) the rate of two and one-half per cent. shall be sub­
stituted for the rate of five per cent. as the rate at 
which royalties are to be calculated; 
(c) notwithstanding any assignment made before the 16th 
day of December 1911 or the copyright in a musical 
work, any rights conferred by the Copyright Act, 1911 
or by this Act in respect of the making. or authorising 
the making, of contrivances by means of which the 
work may be mechanically periormeu shall belong to 
the author or his legal personal representatives and 
not to the assignee, and the royalties afol'esaid shall 
be payable to, and for the benefit of, the author of the 
work or his legal personal representatives; 
(d) where the work is a work on which copyright is COll­
ferred by an order under this Part of this Act relating 
to a British dominion or a foreign country, the copy­
right so conferred shall not, except to such extent as 
may be provided by the order, include any rights with JP 1Nl I/JRL/DI 1 
Page 66 
[No. 16.J Industrial and Commercial [1927.J 
Property (Protection) Act, 1927. 
respect to the making of records, perforated roils, or 
other contrivances by means of which the work may be 
mechanically performed. 
(8' Notwithstanding anything in this Act, where a recor;!. 
perforated roll) or other contrivance by means of which sound.:: 
may be mechanically reproduced has been made before the com· 
mencement of this Part of this Act, copyright shall, as from suer. 
commencement, subsist. therein in like manner and for the like 
term as if this Part of this .Act had been in force at the date of 
the ma 'cing of the original plate from which the contrivance was 
directl:f or indirectly derived: 
Prov:ded 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 eonstrued as confelTing 
copyright in any such contrivance jf the making there­
of 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. 
170.-~ot ..... ;thstanding anything in this Act, it shall not be an Reports of 
infringement of copyright in an address of a political nature political 
delivered at a public meeting to publish a report thereof in a speeches. 
newspaper. 
171.-The tl'l'lll for which (·opyright shall subsist ill photo­
graphs shall be fifty years from the making of the original nega­
tive from which the photograph ,"'las directly or indirectly derivei: 
and the person who was owner of such negative at the time when 
such negative was made shall be deemed to be the author oi tile 
work, and, where such owner is a body corporate, the body cor­
porate shall be deemed for the purposes of this Act to reside 
within Saorstat Eireann if it has established a place of business 
within Saorstat Eireann. 
172.-(1) 'This Part of this Act shall apply to designs which 
though capable of being registered under Part Ill. 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 Part V. of this Act may determine the 
conditions under which a design shall be deemed to be used for 
such purposes as aforesaid. 
(2) Subject to the provisions of the foregoing sub-section and 
save as is otherwise prov';ded in Part VII. of this Act, this Part 
of this Act shall not apply to designs capable of being registered 
under Part Ill. of this Act. 
173.-If it appears to the Governor-General of Saorstat 
Eireann, acting on the advice of the Executive Council, that a 
British dominion or a foreign country does not give, or has not 
undertaken to give, adequate protection to the works of Saorstat 
Eireann authors, it shall be ·lawful for the Governor-General by 
Order made on the advice of the Executive Council to direct th~t. 
such of the provisions of this Part of this Act as confer copyright 
on works first published within Saorstat Eireann shall not apply 
to works published after the date specified in the ordp.r, the authors 
whereof are subjects or citizens of such British dominion or foreh~n 
country, and are not resident in Saorstat Eireann, and thereupon. 
those provisions shall not apply to such works. 
174.-(1) The repeal of the Copyright Act, 1911, by this Act 
shall not save as is otherwise expressly provided in this Part of 
this Act add to, derogate from, or otherwise affect any copyright 
or other right acquired before the 6th day of December, 192J, 
under or by virtue of the Copyright Act, 1911, or any order mad~ 
thereunder. Copyright in 
photogra-phs. 
Application of 
this Part of 
this Act to 
registered 
designs. 
Works of foreign 
authors. 
Preservation of 
existinlZ" 
copyrights. POWI'''t' to extend 
th~ benefit of 
this Part of this 
Act to works 
first published 
in a British 
domlnion or 
foreign country. 
Abrogation of 
common law 
rights. IP/NI 1 IIRL/DI 1 
Page 67 
[No. 16. ] Industrial and Comm,ercial [1927. ] 
Property (Protection) A.ct. 1927. 
(2) Section 4: (\\'hich relates to repeals) of this Act shall. in so 
far as it relates to the repeal of the Copyright Act, 1911, be 
deemed to have had force and dfect as from the 6th day of 
December. 1921. and this Part of this Act shall be deeIlled to 
have had force and effect as from that date: Provided thnt-
(i) Notwithstanding anything contained in section 163 
(which relates to limitation of actions) of this Act 
an action in respect of an infringement of copyright 
between the 6th day of December, 1921 and the com­
mencement of this Part of this Act may be com­
menced within three years after the commencement of 
this Part of this Act but not later, and 
(H) The provisions of section 172 (which relates to the ap­
plication of this Part of this Act to registered designs) 
of this Act shall not have force and effect un~il the 
commencement of this Part of this Act. 
175.-(1) The Governor-General may by Order made on the 
advice of the Executive Council direct that this Part of this 
Act (except such parts, if any, thereof as may be specified in t1>­
Order) shall apply-
(a) to works first published in a British dominion or a foreign 
country to whieh the OrJer relates, in like manner 
as if they were first published within Saorstat Eireann; 
(b) to literary, dramatic, musical, and artistic works, or any 
class thereor the authors whereof were at the time of 
the makin~ of the work subjects or citizens of a 
British dominion or a foreign country to which the 
Ordcr l'cia[e~. ill b-\c IlU1l1I'.er as if the authors were 
citizens or Saurstat Eireaul1; 
(c) in respect or residence in a British dominion or a foreign 
country to which the Order relates, in like manner as 
if such residence were residence within Saors"Ht 
Eireann ; 
and thereupon, subject to the provisions of this Part of this Ac~ 
and of the Order. this Act shall apply accordingly: 
Provided that-
(i.) before making an order under this section in respect of 
a British dominion or a foreign country (other than a 
dominion or a country with which a convention relating 
to copyright and binding on Saorstat Eireann exists) 
the Governor-General acting on the advice of the Exe­
cutive Council shall be satisfied that that British 
dominion or foreign country has made, or has under­
taken to make, such provisions, if any, as it appears 
to the Governor-General acting on the advice of the 
Executive Council expedient to require for the pro­
tection of works entitled to copyright under the provi­
sions of this P:1 rt or this ..:\.ct; 
(ii) the order mar provide that the enjoy-ment of the rights 
conferred by this Part of this Act shall be subject to 
the accomplishment of such conditions and fOrnlalities 
(if any) as may be prescribed by the order; 
Cui) in applying the provision of this Part of this Act as to 
ownershlp of copyright, the order lllay make such 
modifications as appear necessary having regard tn 
the law of the foreign country; 
(iv) in applying the provisions of this Part of this Act as to 
rnsting works, the order may make such modifications 
as appear necessary, and may provide that nothing in 
those provisions as. so applied shall be construed as 
reviving any right of preventing the production or 
importation of any translation in any case where the 
right has ceased by virtue of section 5 of the Inter­
national Copyright Act, 1886. 
!2) An order under this section may extend to all the several 
countries named or described therein. 
176.-N'0 person shall be entitled to copyright or any similar 
right in any literary, dramatic, musical, or artistic work, whether 
published or unpublished, otherwise than under and in accordance 
with the provisions of this Act. or of any other statutory enact-IP/N/l IIRL/DI 1 
Page 68 
[So. 16.J Indu;)triaZ and Commercial [192i. J 
Property (Protection) Act, 1927. 
ment for the time being in force, but nothing in this section shall 
be construed as abrogating any right or jurisdiction to restrain 
a breach of trust or confidence. 
177.-(1) In this Part of this Act, unless the context otherwise Definitions and 
requires- interpretation. 
" Literary work" includes maps, charts, plans, tables. and 
compilations; 
44 Dramatic work" includes any piece for recitation, choreo­
graphic work, or entertainment in dumb show the scenic 
arrangement or acting form of which is fixed in writing 
or otherwise, and any cinematograph production where 
the arrangement or acting form or the combination of 
incidents represented give the work an original character j 
44 Artistic work" includes works of painting, dl'8.wing, sculp­
ture, and artistic craftsmanship, and architectural works 
of art and engravings and photographs j 
14 Work of sculpture" includes casts and models j 
11 Architectural work of art " means any building or structure 
having an artistic character or design, in respect of such 
character or design, or any model for such building or 
structure, provided that the protection afforded by this 
Act shall be confined to the artistic character and design~ 
and shall not extend to processes or methods of con'itrue-
tionj . 
" Engravings" include etchings, lithographs, wood-cuts, prints, 
and other similar works. not being photographs; 
" Photograph n includes photo-lithograph and any work pro­
duced by any process analogous to photography; 
" Cinematograph" includes any work produced by any procesa 
analogollil to cinematography; 
Cl Collective work" means-
(a) an encyclopredia, dictionary, year book, or similar work, 
and 
Cb) a newspaper, review, magazine, or similar periodical, 
and 
(c) any work written in distinct parts by different authors, 
or in which works or parts of works of different 
authors are incorporated; 
11 Infringing 11 when applied to a copy of a work in which 
copyright subsists, means any copy, including any colour­
able imitation, made, or imported in contravention of the 
provisions of this Act; 
11 Performance" means any acoustic representation of a work 
and any visual representation of any dramatic action in 
a work, including such a representation made by means 
of any mechanical instrument; 
" Delivery" in relation to a lecture, includes delivery by 
means of any mechanical instrument; 
le Plate" includes any stereotype or other plate, stone, block, 
mould, matrix, transfer, or negative used or intended to 
be used for printing or reproducing copies of any work" 
and any· matrix or other appliance hy which records, per­
forated rolls or other contrivances for the acoustic repre­
sentation of the· work are or are intended to be made; 
11 Lecture" includes address, speech, and sermon. 
(2) For the purposes of this Part of this Act (other than 
those relating to infringements of copyright), a work shall not be 
deemed to be published or performed in public, and a lecture 
shall not be deemed to be delivered in public, if published, per­
formed in public, or delivered in public, without the consent or 
acquiescence of the author, his executors, administrators, or 
assigns. 
(3) For the purposes of this Part of this Act, a work shall be 
deemed to be first published \vithin Saorstat Eireann, notwith-Delivery of books 
to librari~. [.vo. 16. ] I ndustrial and C01nmercial 
Property (Protection) Act, 192i. IP/NI 1 IIRL/DI 1 
Page 69 
[1927. ] 
:-,tuilJillg that it has been published simultaneously in some othe:' 
place, unless the publication in SUucstat Eireann is colour.' 
able only and is not intended to satisfy the reason­
able requirements of the public, and a work shall be deemed 
to be published simultaneously in two places if the time between 
the pUblication in one such place and the publication in the other 
place does not exceed fourteen days, or such longer period as 
may for the time being be fi..xed by order of the Executi~e Council. 
(4) \Vhere, in the case of an unpublished work, the making of 
the work has extended over a considerable period, the conditions 
of this Part of this Act conferring copyright shall be deemed to 
have been complied with if the author was during any substantial 
part of that period a citizen of Saorstat Eireann or a resident 
within Saorstat Eireann. 
(5) For the purposes of the provisions of this Part of this Act 
as to residence, an author of a work shall be deemed to be a 
resident in Saorstat Eireann if he is domiciled in Saorstat 
Eireann, and to be resident in any other state or country if he is 
domiciled in that state or country. 
PART VII. 
:\USCELL.-\.:'{EOUS PROviSIONS IN RELATION TO 
COPYRIGHT. 
178.-( 1) The publisher of e,;"ery book first published in Saorsta~ 
Eireann shall, within one month after the publication, deliver, at 
his own expense. a copy or the book to the trustees of the 
Xationat Library of Ireland, a cop~-of the book to the 
anthority ha\"ing control of the Library of Trinity College, 
Dublin, three copies of the book for or in accordance with the 
directions of the authority ba\ing control of the National Univer­
sity or Ireland for the use of the respective libraries of the three 
constituent Colleges of that University, and a copy of the book to 
the trustees of the British ~fU5eum, and such trustees and autho­
rity respectinly shall give a written receipt for every book so 
delivered to them: 
Provided th"t the :'\finister may, on the application of the 
trustees of the National Library of Ireland, or of the authority 
ha· .... ing control of the Library of Trinity College, Dublin, or of 
any of the respective authorities having control of the three con­
stituent Colleges of the National University of Ireland, or 
of the trustees of the British Museum, make regulations excepting 
irom the provisions of this sub-section in regard to the trustees 
or authority making the application, publications wholly or 
mainly in the llature of trade advertisements, or such classes of 
such publications as may be specified in the regul8ltions, and 
thereupon it shall not be necessary for the publisher of any 
pnblication so excepted to deliver the publication to such trustees 
or anthority or for such trustees or authority to give a receipt 
thereior, unless as respects any particular publication a written 
demand for the delivery thereof is made by such trustees or 
authority. 
(2) He shall also, if written demand is made before the 
:xpiration of twelve months after publication, deliver within one 
month after receipt of· that written demand or, if the demand 
was made before publication, within one month after publication, 
to some address in Dublin named in the demand a copy of the 
book for, or in accordance with the directions of, the authority 
having the control of each of the following libraries, namely: 
the Bodleian Library, Oxford, the University Library, Cambridge, 
the National Library of Scotland, and the National Library of 
\Vales. In the case of an encyclopredia, newspaper, review, 
magazine, or work published in a series of numbers or parts, the 
written demand may include all numbers or parts of the work 
which may be subsequently published. 
(3) The copy delivered to the trustees of the British Museum 
shall be a copy of the whole book with all maps and illus­
trations belonging thereto, finished and coloured in the same IP IN 11 IIRL/D 11 
Page 70 
[No. 16.J Industrial and Commercial [1927.J 
Property (Protection) Act, 192i. 
manner as the best copies oi the book are published, and shall be 
bound, sewed, or stitched together, and on the best paper on 
which the book is printed. 
(4) The copy delivered for the other authorities mentioned 
in this section shall be on the paper on which the largest number 
of copies of the book is printed for sale, and shall be in the 
like condition as the books prepared for sale. 
(5) If a publisher fails to comply with this section, he shall 
be liable on summary conviction to a fine not exceeding five 
pounds and the value of the book, and the fine shall be paid 
to the trustees or authority to whom the book ought to have 
been delivered. 
(6) For the purposes of this section, the expression 11 book" 
includes every part or division of a book, pamphlet, sheet of 
letterpress, sheet of music, map, plan, chart or table separately 
published, but shall not include any second or subsequent edition 
of a book unless such edition contains additions or alterations 
either in the letterpres3 or in the maps, prints, or other engravings 
belonging thereto. 
179.-(1) There shall be kept at the Office a book called the Registration of 
register of artistic works wherein shall be entered the names and artistic work 
addresses of proprietors of the copyright in registered artistic defining a design. 
works, notifications of assignments and transmissions of such 
copyright, and such other matters as may be prescribed. 
(2) The register of artistic works shall be prima jacie evidence 
of all matters b~' this Act directed or authorised to be entered 
therein. 
(3) The controller may (subject to the provisions of this 
section), on the application made in the prescribed form and 
manner of any person who is the author of an artistic work de­
fining a design, register such artistic work in the register of 
artistic works. 
(4) .An artistic work shall not be registered under this section 
unless, in the case of a published work, the work was first pub­
lished after the commencement of this Part of this Act or, in the 
case of an unpublished work, the work was made after the com­
mencement of this Part of this Act. 
(5) .An artistic work registered in the register of artistic works 
shall continue to be so registered so long as copyright subsists 
therein under this Act and shall on the expiration of such copy­
right be removed from the register by the controller. 
(6) The controller may, if he thinks fit. refuse to register any 
artistic work presented to him-for registration and in particular 
may refuse to register any such artistic work the use of which 
would in his opinion be contrary to law or morality. 
(7) Any person aggrieved by a refusal of the controller to 
register an artistic work may appeal, if the refusal is on the 
ground that the use of the artistic work would be contrary to law 
or morality, to the law officer or, in any other case, to the Court. 
(8) The controller may, on request made in the prescribed 
manner by the registered proprietor of an artistic work or by 
some person entitled by law to act in his name, correct any 
clerical error in or in connection with the registration of such 
artistic work, or enter in such register any change in the name 
or address of any person whose name or address is entered in such 
register in relation to such artistic work, or cancel the registra­
tion of such artistic work. 
(9) Section 129 (which relates to the power of the court to 
amend a register) of this Act shall apply to the register of artistic 
works in like manner in all respects as it applies to the register 
of designs. 
180.-(1) Part VI. of this Act shall apply to an artistic work 
defining a design if, in the case of a published work, such work 
was first published after the commencement of this Part of thi~ 
Act or, in the case of an unpublished work, such work was made 
after the commencement of this Part of this Act. Application of 
Part VI of this 
Act to a!"tistic 
work defining a 
design. Register to 
be kept by 
proprietors of 
theatres, 9tc. IP IN 11 IIRL/D 11 
Page 71 
[No. 16.J Industrial and Commercial [1927.) 
P I'operty (Protection) Act, 1927. 
(2) For the purpose of the application under this section of 
Part VI. of this Act to an artistic work defining a design, " copy­
right " shall include the sole right-
(a) to publish the design defined in the work, 
(b) to authorise the industrial application of the design. 
(3) Where, in the case of an artistic work aefining a design 
to ,vhich by virtue of this section Part VI of this Act applies 
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 and the design 
defined in the work is used or intended to be used for an indus­
trial purpose there shall, in the absence of any agreement to 
the contrary, be deemed to be reserved to the author a right to 
restrain the use of the design for any other industrial purpose. 
(4) All the provisions of Part VI. of this Act in regard to 
penalties in relation to infringing copies of works in . whieh 
copyright subsists shall apply to infringing copies of worD in 
which copyright subsists by virtue of this section. 
181.-(1) It shall be the duty of the proprietor of every 
theatre, hall, room, or other place, in which public entertain­
ments are held to keep or cause to be kept in such theatre, hall, 
room, or place a register, in the form prescribed by the Minister, 
of all public entertainments held in such theatre, hall, room, or 
place, and within twelve hours after every such public entertain­
ment to enter 011 cause to be entered in such register such parti­
culars of the entertainment and of the person holdin6 the same 
as shall be prescribed by regulations made by the Minister under 
this section. 
(2) Every register kept in pursuance of this section may be 
inspected at all reasonable times by any officer of the Minister 
duly authorised by him in that behalf or by any person who. 
is the author of or owner of the copyright in any published 
work. 
(3) The Minister may by Order make regulations prescribing 
all or any of the following matters, that is to say:-
(a) the form. of the register to be kept in pursuance of this 
section, 
(b) the particulars to be entered in the register in respect of 
every entertainment, and of the person holding the 
same, 
(c) defining the person who is to be deemed, in respect of 
any particular entertainment, to hold the same. 
(4) If any person who is required by this section to keep, or 
cause to be kept, any such register as aforesaid-
(a) fails to keep such register 'or to cause the same to be 
kept, or 
Cb) fails to make or cause to be made in sllch register within 
the time prescribed by this section any entry required 
by or under this section to be made therein, or 
(c) fails to produce such register for the inspection of any 
person entitled under this sectio'1 to inspect the same 
or obstructs or impedes any f:lllch persvn in making 
such inspection, or 
(d) wilfully or negligently makes or causes or pe'l'11lits to 
be made in such register any entry which is false or 
misleading in any material particular, 
he shall be guilty of an offence under this section and shall be 
liable on summary conviction thereof to a penalty not exceeding 
ten pounds. 
(5) For the purposes of this section-
(a) inspection of a register includes taking copies thereof 
or of any part thereof, and 
(b) " entertainment" means the presentation of any drama­
tic work as defined in Part VI. of this Act or the 
giving of a lecture as similarly defined: Pronded that 
" lecture " shall not for the purposes of this section in­
clude sermon. IP/N/I/IRL/D/l 
Page 72 
[No. 16.J Industrial and Commercial [1927.J 
Property (Protection) A et, 1927. 
182.-The District Court, upon the application of the owner of 
the copyright in any musical work, may act as follows: If satisfied 
by evidence that there is reasonable ground for believing that 
pirated copies of such musical work are being hawked, carried 
about, sold, or offered for sale, may by order authorise a member 
of the Garda Sfo~hana to seize such copies without warrant and 
to bring them before the court, and the court, on proof that the 
copies are pirated copies, may order them to be destroyed, or to 
be delivered up to the o\yner of the copyright if he makes 
application for that delivery. 
183.-Ii any person shall hawk, carry about, sell, or offer for 
sale any pirated copy of any musical work, every such pirated 
copy may be seized by any member of the Ga:rda Siochana without 
warrant on the request in writing of the apparent owner of the 
copyright in such work, or of his agent thereto authorised in 
writing, and at the risk of such o\vner. 
On seizure of any such copies, they shall be conveyed by such 
member of the Garda Siochana before the District Court ·and, on 
proof that they are infringements of· copyright, shall be forfeited 
or destroyed or other",;'se dealt with as the court may think fit. 
184.-E\·ery person who prints. reproduces, or sells, or expo:;es, 
offers, or has in his possessioD for sale, any pirated copies of any 
musical work, or has in his possession any plates for the purpose 
of printing or reproducing pirated copies of any musical work, 
shall (unless he proves that he acted innocently) be guilty of an 
offence under this section punishable on summary convictbn. and 
shall be liable to a fine not exceedin~ fi,e pounds. and on a second 
or subsequent ;;ondction to imprisonment with or withJllt hard 
labour ior a term l}ot eXce'2,jin~ two months or to 11 tine not ex­
ceeding ten pounds: Provided that a person convicted of :m 
offence under this section who has not previously been convicted 
of such an offence. and who proves that the copies of the !.flusical 
work in respect of which the offence was committed had printed 
on the title page thereof a name and address purporting to be 
that of the printer or publisher, shall not be liable to any penalty 
under this section unless it is proved that the copies were to his 
knowledge pirated copies. 
(2) Any member of the Garda Sfochana may take into ~ustody 
without warrant any person wbo in any street or public place 
sells or exposes, offers, or has in his possession for sale any 
pirated copies of any such musical work as may be specified in 
any general written authority addressed to the superintendent 
of the Garda Sfochana for the district to which the authority 
relates and signed by the apparent owner of the copyright 
in such work or his agent thereto authorised in writing, 
requesting the arrest, at the risk ot such owner. of all' person." 
found committing offences under this section in respect to such 
work, or who offer for sale any pirated copies of any such 
specified musical work by personal canvass or by personally de­
livering advertisements or circulars. 
(3) A copy of every written authority addressed to a super­
intendent of the Garda Siochana under this section shall be open 
to inspection at all reasonable hours by any person without 
payment of any fee, and any person may take copies of or make 
extracts from any such authority. 
185.-(1) If the District Court is satisfied by information on 
oath that there is reasonable ground for suspecting that an offence 
against this Part of this Act is being committed on any premises, 
the court may grant a search warrant authorising the member 
of the Garda Sfochana named therein to enter the premises 
between the hours of six of the clock in the morning and nine of 
the clock in the evening, and, if necessary, to use force for making 
such entry, whether by breaking open doors or otherwise, and to 
seize any copies of any musical work or any plates in respect of 
which he has reasonable ground for suspecting that an offence 
against this Part of this Act is being committed. 
(2) All copies of any musical work and plates seized under 
this section shaU be brought before the District Court. and if 
proved to be pirated copies or plates intended to be used for the Seizure, etc., of 
pirated copies of 
musical works. 
Seizure of 
pirated copies 
on request of 
copyright owner. 
Penalties for 
being in posses· 
sion ot pirated 
copies. 
Right of entry 
by police for 
execution of this 
Part of this Act. IP/N/llIRL/DIl 
Page 73 
[No. 16.] Industrial and Commercial [1927.J 
Property (Protection) Act, 1927. 
printing or reproduction of pirated copies shall be forieited and 
destroyed or otherwise dealt with as the court thinks fit. 
Penalty for 186.-(1) Any person who shall do or cause to be done any 
certain offence.. of the following acts, that is to say:-. 
(a) fraudulently sign or otherwise affix, or fraudulently 
cause to be signed or otherwise affixed, to or upon any 
painting, drawing, or photograph in which copyright 
shall be subsisting, any name, initials. or mDnogram ; or 
(b) fraudulently sell, publish, exhibit, or dispose of, or offer 
for sale, exhibition, or distribution any painting, draw­
ing, or photograph having thereon the name, initials, 
or monogram of a person who did not execute or make 
such painting, drawing, or photograph; or 
(c) fraudulently utter, dispose of, or put off, or cause to be 
uttered, or disposed of, any copy or colourable imita­
tion of any painting, drawing, photograph (whether 
there shall or shall not be copyright subsisting therein) 
as having been made or executed by the author 01" 
maker of the original painting, drawing, or photo­
graph from which such copy or imitation shall have 
been taken or made; or 
(d) during the life and without the consent of the author or 
maker of any painting, drawing, or photograph which 
such author or maker shall have sold or with the 
possession of which he shall have parted, make or 
knowingly sell or publish or offer for sale as the 
unaltered work of such author or maker, any such 
painting, drawing, or photograph, or any copy thereof 
with any alteration (whether by way of addition or 
otherwise) which shall have been male in such paint­
ing, drawing, or photograph by any person other than 
the author or maker thereof after the author or maker 
shall have sold or parted with the possession thereof, 
shall be guilty of an offence under this section and shall upon 
summary conviction thereof be liable to a fine not exceeding 
twenty pounds_ 
(2) On the conviction of any person of an offence under this 
section the painting, drawing, or photograph or the copies thereof 
on which the name, initials or monogram shall have been affixed, 
or the copy or colourable imitation of the painting, drawing, or 
photograph, or the altered painting, drawing, or photograph (as 
the case may be) shall be forfeited and shall be delivered to .the 
person in whom the copyright (if any) in such painting, drawing, 
or photograph is SUbsisting at the date of the conviction. 
(3) In this section the word "photograph" includes photo­
lithograph and any work produced by any process analogous to 
photography and includeS" a phot)graphic negative as well as a 
photographic positive. 
Definitions.. 187.-In this Part of this Act-
the expression "musical work" means any comuination of 
melody and harmony, or either of them, printed, reduced to 
writing, or otherwise graphically produced or reproduced; 
the expressions" pirated musical work" and" pirated copies" 
respectively mean any musical work written, printed, or other­
wise reproduced, without the consent, lawfully given, of the 
owner of the copyright in such musical work; 
the expression" plates" includes any stereotype or other plates. 
stones, matrices, transfers, or negatives used or intended to be 
used for printing or reproducing copies of any musical work: 
Provided that the expressions "pirated copies" and "plates" 
shall not, for the purposes of this Part of this Act, be deemed to 
include perforated music rolls used for playing mechanical 
instruments, or records used for the reproduction of sound waves, 
or the matrices or other appliances by which such rolls or records 
respectively are made; 
the expression " artistic work." and the word " publication" 
in relation to any work, and the word "infringing" when 
applied to a copy of a work in which copyright subsists, have 
the same meaning as they respectively have in Part VI. of this 
Act. IP 1Nl 1 IIRL/DI 1 
Page 74 
[No. 16.J Industrial and Commercial 
Property (Protection) Act, 1927. [1927. j 
FIRST SCHEDULE. 
EN ACTMENTS REPEALED. 
Session and I Short Title Extent of Repeal Chapter 
I 
25 &: 26 Vict. c. 68. Fine Arts Copyright Act, 1862. The whole Act 
as unrepealed. 
2 Edw. VII. c. IS. Musical (Summary Proceedings) The whole Act. 
Copy,ight Act, 1902. 
5 Edw. VII. c. t5 .. Trade Marks Act, 1905. The whole Act. 
6 Edw. VII. c. 36. J Musical Copyright Act, 1906. The Whole Act. 
7 Edw. VII. c. 29. Patents and Designs Act, 1907. The whole Act. 
I &: :I Geo. V. c. 46. Copyright Act, 1911. The whole Act • 
.. &: 5 Geo. V. c. 16. Trade Marks Act, 1914. The whole Act. 
4 &: 5 Geo. V. c. 18. Patents and Designs Act, 1914. The whole Act. 
5 &: 6 Geo. V. c. 38. Copyright (British Museum) Act, The whole Act. 
1915· 
9 &: 10 Geo. V. c. 79.' Trade Marks Act, 1919. I The whole Act. 
9 &: 10 Gee. V. c. 80.' Pateots and Designs Act, 1919.' The whole Act. 
SECO~D SCHEDULE. 
MAXIMUM FEES. 
A. 
PATENTS. so far 
I. On application accompanied by provisional Specification 
2. On filing complete specification thereafter . • . . 
3. On application accompaoied by complete speci..fication .• I. s. d. 
15 0 250 300 
On application /0' ce,t,/icQ1e 01 renewal-
-4. Before the expiration of the 4th year from the date 01 the Patent 
and in respect of the 5th year .. .. .. .. .. 
-5. Belore the expiration of the 5th year from the date of the Patent 
and in respect of the 6th year . • . . . • . . . . 
• 6. BefOle the expiration of the 6th ye3.r from the date of the Patent 
&Ild in respect of the 7th year .. . . . • • • • . 
• 1. Before the ~xpiration of the 7th year from the date 01 the Patent 
and in respect of the 8th year ., . . . . . . . . 
-8. Before the expiration of the 8th year fron:. the date of the Patent 
3.Jld in respect of the 9th year . . . . . . . . . . 
• 9. Before the expiration of the 9th ye:\r from the date of the Patent 
and in respect of the 10th year * 10. Before the t'.xpiration of the loth year lfom the date of the 
Patent and in respect of the 11th year .. 
*11. Before the expiration of the Ilth year from the date of the 
Patent and in respect of the 12th year . • • . . . 
-12. Before the expiration of the 12th year from the date of the 
Patent and in respect of the 13th year . . . . . . 
-13. Before the expiration of the 13th year hom the date of the 
Patent and in respect of the 14th year . . . . . . 
-14. B('fore the expiration of the 14th year f!"Om the date of the 
Patent and in respect of the (5t.h year . • • . . . 
.15. Before the expiration of the 15th year from the date 01 the 
Patent and in respect of the 16th year 3 15 
4-10 
5 5 
6 0 
6 IS 
7 10 
S 5 
9 0 
9 15 
10 10 
11 5 
J2 0 
.One moiety ooly of these fees payable on Patents indorsed" Lit.:cnt.:es of 
right." 0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 IP 1Nl lIIRL/DI 1 
Page 75 
[No. i6.] . Industrial and CoinmeiClid 
Property (Protection) Act,' 1927. 
B. 
TRADE MARK,:,. 
J. On application not oth.erwi!e charged to regi5ter 3. trade mark 
foe one or more articles included in one class. . • . • 
la. On application not otherwise charged to register a series of trade 
marks for one 0: more articles included in one class . • . . 
lb. On application under Section 123 (or leave to register a mark 
for goods in one class . . . . .. . . . . . • • 
rc. On application under Section 123Jor leave to register a mark for 
goods in more than one class--
In respect of every class . . .-• . • . • . • 
Total fee in no case to exceed £20 for any number of classes. 
2. For registration of a trade mark for one or more 8.IticTes included 
. in one class .• . . . . . . . • . . • . • . I 
2a. For registration of a. !>eries of mcuks for oue or more articles I 
inclnded in one class-
For the first mark . . . • • .. 
And /.or every other mark of the serieS . . . . . • 
2b. For registration under Section 123 of a mark fox. goods· in more 
than O:le class--
I.n respect of every cla~ .•.• .-- • • . . 
Total fee in no case to exceed £40 for any number of classes. 
3. For r~ne~ of registration of a mark at expiration of last 
regtstration . . . . . . . . . . • . • • 
3a. For renewal of registration of a series cf marks at the expiration 
of last registratioc-
For the first mark of the series •• 
And for every other mark of the series .. 
36. For renewal of a mark registered nnder Section 123 for goods in 
In respt'Ct of every class • • . • • • . • • • more thaL' one class.- I 
Total fE'e in no case to exceed £40 for any number of classes. 
C. 
DESIGNS. 
I. On :lpplication to 'register one design to be applied to a 
siugle article in a class 
2. On application to register one design to be applied to a set 
of articles in a class • • •• • • [1927. ] 
£ s. d. 
I 0 0 
1 0 0 
100 
1 0 0 
100 
200 
200 
200 026 
200 
I. s. do 
10 0 
o 0 SAORSTAT EIREANN. 
~TATnTOu,y RUf.JES AND ORDERS. , 
1927. No. 60. 
INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) 
ACT, 1927 (COMMENCEMENT) OI~DER, 1927. 
This Publication. may be purchased through any Bookseller, or directly 
from Messrs. Eason 4: Son, Ltd., 40-41 Lower O'ConneU Street, Dublin. 
Price Three halfpence 
DUBLIN: 
PUBLISHED BY THE STATIONERY OFFICE. I'O....-c 
~ ~ OQ-
(11 Z -~ -0'\ -
~ 
~ --2 
SAORSTAT EIREANN. 
IUALACHA AGUS ORDUITHE REACHTULA. 
1927. Uimh. 60. 
OR1)U UM AN ACHT MAOINE 'rIONNSCAIL- AGUS . 
TRACHTALA (COSAINT), 1927 (TOSACH FEIDHME), 1921. 
DE BHIU go n-achtuftear le halt 2 den Acht Maoine Tionnscail 
agus Trachtala (Cosaint), 1927 (Uimh. 16 de 1927) go dtiocfidh an 
tAeht san i ngniomh pe la no laethanta a ceapfar chuige sin le 
hnon ordu no orduithe 6n Ard-Chomhairle, go generalta no maidir 
le haon Chu.id airithe den Aeht 8an, agus go bhfeadfar laethanta 
deifriula do cheapa chun Coda deifriula den Acht san do theacht 
i hhfcidhm: 
AGUR DE BHIU go bhfuil se oiriullach go dtiocfadh na Cod a 
uilc agus fe seach den Acht san i ngnfomh ar na datai le sea ch a 
luaidhtenr anso ina dhiaidh sco: 
ANOIR, i bhfeidhmiu na gcomhacht a bronntar ort.ha le halt 2 
den A('ht Maoine Tionnscail agus Tracht.ala (Co.~aint). 1927 
(Uimh. 16 de 1927) agus i bhfeidhmiu gach comhnchta ngus non 
chomhachtn eile le n-n gcuirtar so ar a gcuma!'l, ordufonn an 
Ard-Chomhairle le is seo mar leanas:-
l.-Feadfar chun gach cliche an tOrdu urn an Acht Maoine 
Tionnscail nguR Trachtala (Cosaint.), 1927 (Tosach Feidhme), 1927, 
do ghairm den ordu so. 
2.-Bnineann an tAeht Leiriiichain, 1923 (Uimh. 46 de 1923) 
le leiriu an Orduithe seo fe mar a bhaineann se le 16iriii Aehta 
den Oireachtas. 
3.-Tiocfidh na Coda uile agus fe sea ch den Acht. Maoine 
Tionnseail agus Trarhtala (Cosnint), 1927 (Uimh. 16 de 1927) f 
ngniomh ar na datal fe seaeh a leanas, sc sin le 1'8-
Coda VI 8gUf~ VII an Indh ]a de L(masa, 1927; 
An Chuid da ngairmtenr <I Roimh-ra " agus Coda I go V 
(lIg11S an dli. Chtiid Rin d 'aireamh) agus an Chead 
Seeidenl aglls an Dara Seeidenl an ladh Hi de Dheire 
Fomhair, 1927. 
Baile Atha Cliath, 
An 27adh la 80 d'IUl, 1927. " ,. 
!:lAunSTAT .gIREANN. 
ST ATUTORY RUIJES AND ORDERS. 
1927. No. 60. 
INDUHTRIAL AND (J()MMJ~RVIArJ PROPEH.'IT (PROTEC· 
'('ION) ACT, 1927 (COMIVlENCEMENT) ORDEIt, 1927. 
WHERgAS it is l'ltart.ed by scctioll 2 of the Inuustrial and 
Vommcreitll Property (Protection) Act, 1927 (No. 16 of 1927), 
t.hat. t.hat Art shall rome into operat.ion on such day or days as may 
be fixed therefol' by nlly ol'der or ordel's of the Bxeeutive Council, 
either gencrally or wit.h rcferencc to any plll'tieulal' Part. oC t.hat 
Act, a 11(1 different days may be fixed for the ('ommellrcmcnt of 
different Pal'fs of that Act: 
AND 'VHBR[<;AR it. is expedient that t.he several Parts of t.he 
said Art should come into operation on t.he respective dates herein­
l\ I'ter ment ioned : 
NOW, tIlt' I~XECUTIVg COUNCIL in exercise of the powers 
conferred Oil them hy Rpet.iou 2 or t.he Inuustrial and Commer­
cial Prop('rty (Protection) Act,t927 (No. 16 of 1927) and of 
every and any otho)' power thrm in this behulf enabling (10 hereby 
order liS f(lllows:-
I.-This Ordm' may he cited for all purposes as the Indust.rial 
alld Commel'('inl PJ'operty (Pl'otcct'ion) Act., 1927 (Commenee­
mcnt) Order, 1927. 
2.-The Intcrpretlltion Act., 1923 (No. 46 of 1923) u(lplies to 
the interpretation of this Order in like manner as it npplies to the 
inh'l'Jll'ctatiolJ of an Art. of t.he Oireaehtas. 
3.-TJ,l(' sc\'cl'nl Pnl'ts of the Industrial and Commercial Pro­
perty (PJ'oh'ctioH) Act. 1927 (No. 16 o[ 1927) shall come int.o 
operation OH the following (]llfes l'rspectively, that is to 88)'-
l)Hl't YI 1111(1 VII OH the 1st day of August, 1!J27; 
1'h(' Part cntitletl " Pr('liminnry " and. Parts I to V (hot.h 
iH('lnsi\'e) flm1 fhe First. and Sceond Schedu](~s Oil the 
1st. (lay of October, 1927. 
Duhlin. 
This 27th dllr of July, 1927. 
The version of this Order in the Il'ish language, prepared officiall" 
is printed on the opposite page. ~=a cf6-
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