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48 1931

MERCHANDISE MARKS ACT, 1931

PART I.

Preliminary.

Definitions and interpretation.

1. —(1) In this Act—

the expression “the Principal Act” means the Merchandise Marks Act, 1887;

the word “goods” has the same meaning as it has in the Principal Act;

the expression “indication of origin” when used in relation to imported goods means a word or words indicating that such goods were not produced or manufactured in Saorstát Eireann;

the word “form” when used in relation to an indication of origin includes the word or words to be used in such indication of origin.

(2) In this Act the expression “blend or mixture” does not include any blend or mixture produced by a process of manufacture from materials of different kinds.

(3) In Part III of this Act—

the expression “imported goods” does not include—

(a) goods produced or manufactured in Saorstát Eireann which after exportation were brought into Saorstát Eireann including any such goods which have undergone outside Saorstát Eireann any treatment or process not resulting in a substantial change in the goods.

(b) farm produce carried or driven by a farmer or his servants from Northern Ireland into Saorstát Eireann in the course of his business as a farmer,

the expression “sale” does not include—

(a) a sale of goods for consignment by the vendor to a person outside Saorstát Eireann, or

(b) a sale of second-hand goods, or

(c) the sale of any foodstuffs at any hotel or restaurant or other premises for consumption thereon,

and cognate words shall be construed accordingly.

(4) In Part IV of this Act—

the expression “imported goods” does not include—

(a) goods which since the date of their importation have undergone in Saorstát Eireann any treatment or process resulting in a substantial change in the goods;

(b) goods produced or manufactured in Saorstát Eireann which after exportation were brought into Saorstát Eireann including any such goods which have undergone outside Saorstát Eireann any treatment or process not resulting in a substantial change in the goods;

(c) farm produce carried or driven by a farmer or his servants from Northern Ireland into Saorstát Eireann in the course of his business as a farmer.

the expression “sale” does not include—

(a) a sale of goods for consignment by the vendor to a person outside Saorstát Eireann, or

(b) a sale of second-hand goods, or

(c) the sale of any foodstuffs which have undergone a process of cooking or preserving in Saorstát Eireann,

and cognate words shall be construed accordingly.

(5) For the purposes of this Act imported goods shall be deemed to have been manufactured in the country in which they last underwent before importation a substantial change by reason of any treatment or process.