|
|
Meaning of infringing product and article.
|
54.—(1) In this Act, a product shall be an “infringing product” in relation to a registered design where—
|
|
| |
(a) the application of the design to or the incorporation of the design in the product is an infringement of the design right in the design,
|
|
| |
(b) the product has been or is proposed to be imported into the State and the application of the design to or incorporation of the design in the product in the State would constitute an infringement of the design right in the design, or
|
|
| |
(c) the use of the product in any other way infringes the design right.
|
|
| |
(2) Nothing in subsection (1)(b) shall be construed as applying to products which have been put on the market in a Member State of the EEA by or with the consent of the registered proprietor of the design.
|
|
| |
(3) An article shall be an “infringing article” in relation to a registered design where it is specifically designed or adapted for applying the design to products and a person makes, sells or rents, or offers or exposes for sale or rent, or imports into the State, such an article, or has it in his or her possession, custody or control knowing or having reason to believe that it has been or is to be used to make infringing products.
|
