District Court (Intellectual Property) Rules 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These rules may be cited as the District Court (Intellectual Property) Rules, 2004.
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paragraphs: These rules shall come into operation on the 30th day of July 2004 and shall be read together with all other District Court rules for the time being in force.
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paragraphs: The District Court Rules, 1997 ( S.I. No. 93 of 1997 ) are amended by the addition immediately following rule Order 31A thereof of the following:
“Order 31B - Seizure without warrant, delivery up, forfeiture and disposal in intellectual property cases
1 In this Order:
“the Act of 1996” means the Trade Marks Act, 1996 (No 6 of 1996),
“the Act of 2000” means the Copyright and Related Rights Act, 2000 (No 28 of 2000);
“the Act of 2001” means the Industrial Designs Act, 2001 (No 39 of 2001).
2 An application for an Order permitting seizure of infringing goods, material or articles without warrant under section 25(1) of the Act of 1996, may be made ex parte to any sitting of the District Court for the district in which the said infringing goods materials or articles are for the time being.
3 An application by the owner of copyright in a work for an Order permitting seizure without warrant under section 132(1) of the Act of 2000 may be made ex parte to any sitting of the District Court for the district wherein it is believed that infringing copies of the work or articles specifically designed or adapted for making copies of work knowing or having reason to believe that is has been or is to be used for making infringing copies of a work, or protection-defeating devices are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the copyright in the work or his or its authorised representative and the District Court may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.
4 An application by the registered proprietor of a design for an Order authorising seizure without warrant under section 62(1) of the Act of 2001 may be made ex parte to any sitting of the District Court for the district wherein it is believed that infringing products or articles are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the copyright in the work or his or its authorised representative and the District Court may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.
5 An application by the owner of the rights in a recording of a performance conferred by Part III of the Act of 2000 for an Order authorising seizure without warrant under section 256) of the Act of 2000 may be made ex parte to any sitting of the District Court for the district wherein it is believed that illicit recordings of the performance, articles specifically designed or adapted for making recordings of a performance which the person hawking, carrying about of marketing those articles knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance, or protection-defeating devices are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the rights in the recording of the performance conferred by the said Part III or by his or its authorised representative. The District Court hearing such application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.