Industrial and Commercial Property (Protection) (Amendment) Act, 1929

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Number 13 of 1929.

INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) (AMENDMENT) ACT, 1929.

ARRANGEMENT OF SECTIONS

Number 13 of 1929.

INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) (AMENDMENT) ACT, 1929.

AN ACT TO MAKE DIVERS MINOR AMENDMENTS IN THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 , AND ALSO TO AMEND THAT ACT BY MAKING FURTHER AND BETTER PROVISION IN RELATION TO THE ASSIGNMENT OF THE BENEFIT OF INVENTIONS AND PATENTS TO MINISTERS ON BEHALF OF THE STATE, AND IN RELATION TO COPYRIGHT IN NOTES ISSUED BY THE CURRENCY COMMISSION. [18th May, 1929.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

The Principal Act.

1.—In this Act—

the expression “the Principal Act” means the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927).

Amendment of section 19 of the Principal Act.

2.—(1) Section 19 of the Principal Act is hereby amended by the substitution of the words “two months or such longer time as the Controller shall in any particular case allow” for the words “one month” in sub-section (5) of that section, and that section shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of Part II. of the Principal Act.

Amendment of section 29 of the Principal Act.

3.— Section 29 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (6) now contained therein and the said section shall be construed and have effect accordingly, that is to say:—

“(6) No fees shall be receivable in the Office in respect of any such patent as is mentioned in this section unless or until all copies and documents relating to such patent shall have been furnished to the Controller pursuant to sub-section (4) of section 45 (which relates to the register of patents) of this Act, but the failure to lodge such copies and documents shall not relieve from the liability to pay any fees or from the consequences of the non-payment thereof.”

Amendment of section 33 of the Principal Act.

4.—(1) Section 33 of the Principal Act is hereby amended by the substitution of the words “twenty months” for the words “six months” and the substitution of the words “any fee” for the words “the first fee” in sub-section (2) of that section, and by the addition at the end of the said sub-section (2) of the words “during such twenty months” and the said section shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of Part II. of the Principal Act.

Amendment of section 45 of the Principal Act.

5.— Section 45 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in the said section of the following sub-section in lieu of sub-section (4) now contained therein, that is to say:—

“(4) Certified copies of all entries in the British register relating to British patents which by virtue of this Act are deemed to be patents granted under this Act and certified copies of the complete specifications and drawings on which such patents were granted and also such other documents as may be prescribed shall be furnished to the Controller, and such certified copies of entries in the British register shall be entered in the register of patents under this Act, but it shall not be obligatory (except as respects entries of or relating to patents of addition) to make such entries in the register until the first occasion on which certified copies of such entries in the British register are required by or under this Act to be furnished to the Controller,” and

(b) by the insertion after the said sub-section (4) of the following additional sub-section, that is to say:—

“(5) A British patent which is a patent of addition and is by virtue of this Act deemed to be a patent granted under this Act shall, notwithstanding anything to the contrary contained in this Act, cease to have effect in Saorstát Eireann on the 1st day of January, 1932, unless before that date all copies and documents relating to such patent shall have been furnished to the Controller pursuant to sub-section (4) of this section.”

Assignment of invention or patent to a Minister.

6.—(1) Any inventor or patentee may (either for or without valuable consideration) make to a Minister on behalf of the State and such Minister may take on such behalf an assignment of the whole of or any share or interest in the benefit of an invention and of any patent obtained or to be obtained for such invention and where a Minister has taken any such assignment such Minister may (as the case may be) do or join in doing on behalf of the State all or any of the following things, that is to say:—

(a) develop and perfect such invention;

(b) form or promote an incorporated company or an unincorporated association of persons to develop and perfect such invention;

(c) take an assignment of any patent or of a share or interest in any patent theretofore or thereafter obtained for such invention;

(d) sell or lease any such patent or grant licences under any such patent on such terms as he shall, with the sanction of the Minister for Finance, think proper;

(e) form or promote an incorporated company or an unincorporated association of persons to work commercially any such patent;

(f) do all such things as may be nesessary for the maintenance or preservation of any such patent or be otherwise incidental to the ownership thereof.

(2) Every Minister shall, before the 1st day of April in every year, lay before each House of the Oireachtas a report of every (if any) exercise by him in the next preceding year of the several powers conferred by paragraphs (d) and (e) of sub-section (1) of this section and also, if and so far as he considers it expedient in the public interest, of the several powers conferred by paragraphs (a), (b), (c) and (f) of the said sub-section.

(3) All expenses incurred by a Minister under this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(4) In this section the word “Minister” means a Minister head of a Department of State established under the Ministers and Secretaries Act, 1924 (No. 16 of 1924).

(5) Section 46 of the Principal Act is hereby repealed.

(6) This section shall have and be deemed to have had effect as from the commencement of Part II. of the Principal Act.

Amendment of sections 62 and 63 of the Principal Act.

7.—(1) Sub-section (1) of section 62 of the Principal Act is hereby amended by the deletion from paragraph (b) thereof of the words “the firm and” and by the deletion from paragraph (c) thereof of the words “the company and,” and the said section shall be construed and have effect accordingly.

(2) On and after the expiration of three months from the passing of this Act section 63 of the Principal Act shall be construed and have effect as if the following paragraph were inserted in sub-section (1) thereof in lieu of paragraph (a) now contained therein, that is to say:—

“(a) both resides and has a place of business in Saorstát Eireann, and.”

Amendment of section 66 of the Principal Act.

8.—(1) Section 66 of the Principal Act is hereby amended by the substitution of the words “twenty months” for the words “six months” in sub-section (1) of that section and that section shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of Part III. of the Principal Act.

Amendment of section 89 of the Principal Act.

9.—(1) Section 89 of the Principal Act is hereby amended by the substitution of the words “twenty months” for the words “six months” in sub-section (1) of that section and that section shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of Part IV. of the Principal Act.

Amendment of >section 154 of the Principal Act.

10.—(1) Section 154 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(i) by the deletion from the proviso to sub-section (1) of the said section of the words “and in respect of which no order has been made under the provisions of section 175 (which relates to power to extend the benefit of this Part of this Act to works first published in a British dominion or foreign country) of this Act”, and

(ii) by the insertion in sub-section (2) of the said section of the following paragraph in lieu of paragraph (a) now contained therein, that is to say:—

“(a) to produce, reproduce, perform, or publish any translation of the work: provided that such right (save as respects the performance of translations of dramatic or musical works) shall as regards translations into the Irish language cease to exist at the expiration of the period of ten years from the first publication of the work or of the last instalment of the work in any country which is a party to the International Union for the protection of Literary and Artistic Works unless within that period the author of the work shall have published or caused to be published in Saorstát Eireann a translation of the work into the Irish language: provided also that the Governor-General may by order made on the advice of the Executive Council exclude from the operation of the foregoing proviso all or any class or classes of works the authors of which were at the date of the making of such works citizens of any country not a party to the said International Union which the Governor-General on the advice aforesaid shall think fit to specify in such order.”

(2) This section shall have and be deemed to have had effect as from the commencement of Part VI. of the Principal Act.

Amendment of section 175 of the Principal Act.

11.—(1) Section 175 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion of the words “protectorate or territory” after the words “British dominion” wherever those words occur in sub-section (1) of the said section or in the proviso to that sub-section, and

(b) by the insertion of the following paragraph at the end of the proviso to sub-section (1) of the said section, that is to say:—

“(v) the order may provide that the term of copyright in Saorstát Eireann shall not exceed that conferred by the law of the dominion, protectorate, territory, or country to which the order relates.”

(2) This section shall have and be deemed to have had effect as from the commencement of Part VI of the Principal Act.

Copyright in note issues.

12.—(1) The copyright in legal tender notes issued by the Currency Commission under the Currency Act, 1927 (No. 32 of 1927), or any Act amending or extending that Act shall be perpetual and shall belong and, in the case of legal tender notes so issued before the passing of this Act, shall be deemed always to have belonged to the Currency Commission.

(2) The copyright in consolidated bank notes issued by the Currency Commission under the Currency Act, 1927 (No. 32 of 1927), or any Act amending or extending that Act shall be perpetual and shall belong and, in the case of consolidated bank notes so issued before the passing of this Act, shall be deemed always to have belonged to the Currency Commission.

(3) Notwithstanding anything contained in sub-section (1) of section 155 of the Principal Act, the reproduction in any published literary or artistic work of the whole or any part of a legal tender note or a consolidated bank note issued by the Currency Commission under the Currency Act, 1927 , or any Act amending or extending that Act shall constitute an infringement of the copyright in such note.

Short title, construction and citation.

13.—(1) This Act may be cited as the Industrial and Commercial Property (Protection) (Amendment) Act, 1929.

(2) This Act shall be construed as one with the Principal Act, and that Act and this Act may be cited together as the Industrial and Commercial Property (Protection) Acts, 1927 and 1929.