Industrial Designs Act, 2001
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Search and seizure in criminal cases. |
70.—(1) Where a judge of the District Court is satisfied by information on oath that there are reasonable grounds for suspecting— | |
(a) that an offence under section 66 has been, or is about to be, committed in, on or at any premises or place, and | ||
(b) that evidence that such an offence has been, or is about to be, committed is in, on or at those premises or that place, | ||
the District Court may issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant on production where requested of that warrant to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts: | ||
(i) to seize any products or articles in respect of which he or she has reasonable ground for suspecting that an offence under section 66 has been or is about to be committed; | ||
(ii) to make an inventory or prepare other evidence of infringement of design right or potential infringement of design right; | ||
(iii) to seize anything found there which he or she believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under this Act; | ||
(iv) to require any person found there to give his or her name and address. | ||
(2) A warrant issued under this section may authorise persons, including the registered proprietor or his or her designated representative, to accompany and assist any member of the Garda Síochána in executing the warrant or in collating any inventory or other evidence. | ||
(3) A person who— | ||
(a) obstructs or interferes with a person acting under the authority of a warrant issued under this section, | ||
(b) is found in, on or at the premises or place specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member his or her name and address when required to do so or gives a name or address that is false or misleading, | ||
(c) obstructs the exercise of an authority conferred by a warrant under this section, or | ||
(d) fails or refuses to give information to a member of the Garda Síochána when requested to do so under this section, | ||
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,905 (£1,500), or to imprisonment for a term not exceeding 12 months, or both. |