35 1930

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Number 35 of 1930.


PORTUGUESE TREATY ACT, 1930.


ARRANGEMENT OF SECTIONS

Section

1.

Restriction on use of the word “port.

2.

Restriction on use of the word “madeira.

3.

Short title and commencement.

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Number 35 of 1930.


PORTUGUESE TREATY ACT, 1930.


AN ACT TO MAKE SUCH PROVISION AS MAY BE NECESSARY IN ORDER TO GIVE FULL EFFECT TO THE PROVISIONS OF ARTICLE 6 OF THE TREATY OF COMMERCE AND NAVIGATION BETWEEN THE IRISH FREE STATE AND PORTUGAL SIGNED ON THE 29th DAY OF OCTOBER, 1929. [23rd December, 1930.]

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

Restriction on use of the word “port.

1. —The description “port” or “porto,” whether used alone or accompanied by any of the words “character,” “type,” “quality,” “kind,” or any similar word, expression, or qualification, shall when applied within the meaning of the Merchandise Marks Act, 1887, to any wine or other liquor be a false trade description within the meaning of that Act, and that Act shall apply and have effect accordingly, unless the wine or other liquor to which the said description is applied is wine which was imported into Saorstát Eireann (whether before or after the passing of this Act) and was when so imported accompanied by a certificate of origin, given by a Portuguese authority which is for the time being certified by the Minister for Industry and Commerce to be competent in that behalf, to the effect that such wine was originally produced in the Region of the Douro in Portugal.

Restriction on use of the word “madeira.

2. —The description “madeira,” whether used alone or accompanied by any of the words “character,” “type,” “quality,” “kind,” or any similar word, expression, or qualification, shall when applied within the meaning of the Merchandise Marks Act, 1887, to any wine or other liquor be a false trade description within the meaning of that Act, and that Act shall apply and have effect accordingly, unless the wine or other liquor to which the said description is applied is wine which was imported into Saorstát Eireann (whether before or after the passing of this Act) and was when so imported accompanied by a certificate of origin, given by a Portuguese authority which is for the time being certified by the Minister for Industry and Commerce to be competent in that behalf, to the effect that such wine was originally produced in the Island of Madeira.

Short title and commencement.

3. —(1) This Act may be cited as the Portuguese Treaty Act, 1930.

(2) This Act shall, as respects wine or other liquor imported into Saorstát Eireann before the passing of this Act, come into operation at the expiration of one year from such passing and shall, as respects all other wine and other liquor, come into operation immediately upon such passing.