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Grant of licence to use a standard mark.
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25.—(1) The Institute may grant to a person a licence to use, subject to such conditions as may be expressed in the licence, a standard mark in connection with any commodity, process or practice for which there is a standard specification.
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(2) The conditions expressed in a licence granted under this section shall include conditions that the standard mark for any commodity, process or practice shall be used only—
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(a) in conjunction with the serial number assigned by the Institute to the standard specification for that commodity, process or practice, and
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(b) in connection with a commodity, process or practice which conforms with that standard specification.
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(3) Where it appears to the Institute—
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(a) that the condition mentioned in subparagraph (a) or that mentioned in subparagraph (b) of subsection (2) of this section is not complied with, or
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(b) in any other case where it seems proper to the Institute so to do,
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the Institute may revoke a licence granted under this section.
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(4) Where a licence is revoked under subsection (3) of this section the Institute shall inform the licensee of the revocation and of the reason therefor.
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(5) The Institute may not, without the consent of the Minister, grant a licence under this section to a natural person not normally resident in Ireland or to a legal person who has not a permanent establishment in Ireland.
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(6) Where the Minister has, with the consent of another Minister of State, consented to the declaration of a standard specification in relation to any commodity, process or practice, the Institute may not grant a licence under this section for the use of a standard mark in connection with that commodity, process or practice save with the consent of the Minister in agreement with that other Minister of State.
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(7) Where the use of a standard mark on a commodity or its container would not be practicable, a licence to use that standard mark may authorise the use of the mark on business stationery or in advertisements on conditions which would prevent misunderstandings as to the commodity to which the mark relates.
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(8) The use of a standard mark in connection with a commodity, process or practice which does not conform with the standard specification relating to such commodity, process or practice shall not be deemed to be an application of a false trade description to goods for the purposes of the Merchandise Marks Acts, 1887 to 1931.
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(9) A licence granted to any person under section 22 of the Act of 1946 which was not revoked before the commencement of this Act shall be deemed for the purposes of this Act to be a licence granted under this section.
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