S.I. No. 51/1939 - Industrial Property (Amendment) Rules (No. 5), 1939.

STATUTORY RULES AND ORDERS. 1939. No. 51.

INDUSTRIAL PROPERTY (AMENDMENT) RULES (No. 5), 1939.

The Minister for Industry and Commerce, in exercise of the powers conferred on him by the Industrial and Commercial Property (Protection) Acts, 1927 to 1929, and of every and any other power him in this behalf enabling, hereby makes the following rules, that is to say:—

1.—(1) These Rules may be cited as the Industrial Property (Amendment) Rules (No. 5), 1939.

(2) For the purposes of collective citation the expression " the Industrial Property Rules, 1927 to 1939," shall include these Rules.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. In these Rules the expression " the Principal Rules " means the Industrial Property Rules, 1927 (Statutory Rules and Orders, No. 78 of 1927).

4.—(1) In the Forms Nos. 1 and 2 in the First Schedule to the Principal Rules, the expression " Ireland " shall be substituted for the expression " Saorstát Eireann " wherever the latter expression occurs therein.

(2) There shall be added at the foot of each of the Forms Nos. 1 and 2 in the First Schedule to the Principal Rules, the following:—

" NOTE.—The expression " Ireland " in this Form is to be taken as not including any area which is, for the time being, not within the area and extent of application of the laws enacted by the Oireachtas."

5. For the form of patent set out in the Second Schedule to the Principal Rules there shall be substituted the following form:—

"            ÉIRE.

WHEREAS ............................................................ ................................................... has pursuant to the Industrial and Commercial Property (Protection) Act, 1927 , applied for the grant of a patent in respect of an invention entitled ............................................................ ......................................................... and more particularly described in his specification and has complied with the requirements of the said Act.

NOW, THEREFORE, this Patent is granted to the said applicant in respect of the said invention and shall, subject to the provisions of the said Act, operate and have effect during the period of sixteen years from the........day of..................19....

(a) to confer on him his executors, administrators and assigns (herein collectively referred to as the grantee) the full, sole, and exclusive right, power and authority by himself, his agents or licensees at all times so long as the patent remains in force to make, use, exercise, and vend in Ireland the invention in respect of which the patent is granted;

(b) to confer on the grantee the sole right to have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention during such period as the patent remains in force;

(c) to prohibit all persons whatsoever in Ireland while the patent remains in force from making use of or putting in practice the said invention or any part thereof, or in anywise imitating the same, or in anywise representing or pretending themselves to be the inventors of the said invention or of the said invention with any addition thereto or subtraction therefrom without the consent, licence or agreement of the grantee in writing under his hand and seal;

(d) to make all persons who, while the patent remains in force, shall, in Ireland, in anywise infringe any right, power, or authority expressed to be hereby conferred on the grantee or do any act, matter or thing the doing of which is expressed to be hereby prohibited, answerable according to law to the grantee for such infringement or doing of such act, matter, or thing.

IN WITNESS WHEREOF I have caused my official seal to be hereunto affixed the day of , 19 .

Controller of Industrial and Commercial Property."

Given under the Official Seal of the Minister for Industry and Commerce, this 10th day of March, 1939.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.