Industrial Designs Act, 2001

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Number 39 of 2001

INDUSTRIAL DESIGNS ACT, 2001

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Expenses.
4.	Transitional provisions and repeals.
5.	Prosecution of offences.
6.	Offences by bodies corporate.
7.	Offences by members of partnership.
8.	Service of notices.
9.	Fees.
10.	Laying of regulations before Houses of Oireachtas.

PART 2

Design Registration

Chapter 1

Registrable Designs

11.	Registrable design.
12.	Novelty.
13.	Individual character.
14.	Protection requirements.
15.	Conflict with prior design.
16.	Designs dictated by their technical function and designs of interconnections.

Chapter 2

Authorship and Ownership of Designs

17.	Ownership of designs.
18.	Joint ownership of designs.
19.	Treatment of author of design.

Chapter 3

Proceedings for Registration

20.	Application in prescribed form.
21.	Power of Controller to refuse registration.
22.	Application for registration of design as a property right.
23.	Deemed abandonment of applications.
24.	Classification.
25.	Filing date.
26.	Priority right.
27.	Claiming priority.
28.	Effect of priority right.
29.	Date of registration.

Chapter 4

Register of Designs

30.	Register of designs.
31.	Certificate of registration.
32.	Publication of registration and deferment of publication.
33.	Right to apply to court for rectification of register.
34.	Right to apply to Controller for rectification of register.
35.	Effect of rectification of register.
36.	Adaptation of entries to new classification.
37.	Power of Controller to correct errors.
38.	Inspection of designs register.
39.	Right to information.
40.	Information as to existence of right in registered design.
41.	Registration and publication of assignments, licences, etc.

Chapter 5

Effect of Registration

42.	Design right.
43.	Duration of protection.
44.	Restoration of design right.
45.	Effect of order for restoration of design right.
46.	Surrender of design right.
47.	Invalidation of registration.

Chapter 6

Exceptions to Design Right Protection

48.	Acts permitted.
49.	Compulsory licences.
50.	Prior use.

Chapter 7

Infringement of Design Right

51.	Infringement of design right.
52.	Secondary infringement of design right.
53.	Secondary infringement: providing means for infringement.
54.	Meaning of infringing product and article.

Chapter 8

Remedies

55.	Certificate of contested validity of registration.
56.	Groundless threats.
57.	Infringement actionable by registered proprietor.
58.	Innocent infringement.
59.	Award of damages in infringement action.
60.	Undertakings concerning licences of right.
61.	Order for delivery up in civil cases.
62.	Application to District Court for seizure of infringing products or articles.

Chapter 9

Rights and Remedies of Exclusive Licensees

63.	Rights and remedies of exclusive licensees.
64.	Exercise of concurrent rights.

Chapter 10

Rights and Remedies of Licensees

65.	Rights and remedies of licensees.

Chapter 11

Offences

66.	Offences.
67.	Falsification of register.
68.	False representation.
69.	Order for delivery up in criminal proceedings.
70.	Search and seizure in criminal cases.

Chapter 12

Delivery Up and Disposal

71.	Period after which remedy of delivery up is not available.
72.	Order as to disposal of infringing product or article.

Chapter 13

Provision for Preventing Importation

73.	Infringing products or articles may be treated as prohibited goods.
74.	Power of Revenue Commissioners to make regulations.

Chapter 14

Exhaustion of Design Right

75.	Exhaustion of design right.

Chapter 15

Assignment and Licensing

76.	Assignment.
77.	Exclusive licences.
78.	Licensing of registered designs.

Chapter 16

International Arrangements

79.	Geneva Act of the Hague Agreement.

Chapter 17

Proceedings before the Controller or the Courts

80.	Exercise of discretionary powers of Controller.
81.	Costs and security for costs.
82.	Evidence before the Controller.
83.	Costs of Controller in proceedings.
84.	Appeals.

Chapter 18

Miscellaneous

85.	Power of Minister to make regulations.
86.	Rights of State in respect of registered designs.
87.	Privileged communications.
88.	Recognition of agents.
89.	Amendment to Copyright and Related Rights Act, 2000.

FIRST SCHEDULE

Transitional Provisions

SECOND SCHEDULE

Repeals

Acts Referred to
	Companies Acts, 1963 to 1999
	Copyright Act, 1963	1963, No. 10
	Copyright and Related Rights Act, 2000	2000, No. 28
	Customs Acts
	Industrial and Commercial Property (Protection) Acts, 1927 to 1958
	Industrial and Commercial Property (Protection) Act, 1927	1927, No. 16
	Industrial and Commercial Property (Protection) (Amendment) Act, 1929	1929, No. 13
	Industrial and Commercial Property (Protection) (Neuchatel Agreement) Act, 1947	1947, No. 45
	Industrial and Commercial Property (Protection) (Amendment) Act, 1949	1949, No. 32
	Industrial and Commercial Property (Protection) (Amendment) Act, 1957	1957, No. 13
	Industrial and Commercial Property (Protection) (Amendment) Act, 1958	1958, No. 21
	Local Government Act, 1941	1941, No. 23
	Patents Act, 1992	1992, No. 1
	Petty Sessions (Ireland) Act, 1851	1851, c. 93
	Public Offices Fees Act, 1879	1879, c. 58
	Solicitors Act, 1954	1954, No. 36
	Statute of Limitations, 1957	1957, No. 6
	Trade Marks Act, 1996	1996, No. 6

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Number 39 of 2001

INDUSTRIAL DESIGNS ACT, 2001

AN ACT TO MAKE PROVISION FOR THE PROTECTION OF DESIGNS, TO GIVE EFFECT TO DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 OCTOBER 1998¹ ON THE LEGAL PROTECTION OF DESIGNS, TO GIVE EFFECT TO THE GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS ADOPTED AT GENEVA ON 2 JULY, 1999, AND TO PROVIDE FOR RELATED MATTERS.

[27th November, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

¹ O.J. No. L289/28, 28.10.98.

Industrial Designs Act, 2001 Permanent Page URL

Industrial Designs Act, 2001

Permanent Page URL