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48 1931

MERCHANDISE MARKS ACT, 1931

PART III.

Restriction on Sale Orders and Restriction on Importation Orders.

Reference of applications to the Commission and fees on applications.

6. —(1) Whenever an application is made to an Executive Minister by any person appearing to such Minister to be substantially representative of persons engaged in the production, manufacture or sale of goods of a particular class or description for—

(a) an order under this Part of this Act prohibiting the sale or exposure for sale of imported goods of that class or description unless such goods bear at the time of such sale or exposure an indication of origin; or

(b) an order under this Part of this Act prohibiting the importation of imported goods of that class or description unless such goods bear an indication of origin at the time of importation; or

(c) both such orders;

such Executive Minister may refer such application to the Commission for its report thereon.

(2) The Executive Council may, if and whenever they think fit so to do, refer to the Commission the question whether it is desirable to make in respect of goods of a particular class or description—

(a) an order such as is mentioned in paragraph (a) of the foregoing sub-section of this section; or

(b) an order such as is mentioned in paragraph (b) of the foregoing sub-section of this section; or

(c) both such orders.

(3) Whenever an application to an Executive Minister is referred by him under this section to the Commission, the persons by whom such application is made shall, as a condition precedent to the consideration of the application by the Commission, pay to the Commission in accordance with regulations to be made by the Minister for Finance such fee as the Commission, with the sanction of the said Minister shall fix, having regard to the length of time and the expense which in the opinion of the Commission will be involved in the consideration of the application.

(4) All fees paid to the Commission under this section shall be paid into or disposed for the benefit of the Exchequer by the Commission in such manner as the Minister for Finance shall direct.

Consideration of and report on applications and questions referred to Commission.

7. —The Commission shall consider every application or question referred to it by an Executive Minister or the Executive Council (as the case may be) under the immediately preceding section and shall report to the Executive Council in respect of the following matters, that is to say:—

(a) the desirability or otherwise of making the order or orders to which such application or question refers;

(b) if the Commission report in favour of making any such order—

(i) the form or alternative forms of an indication of origin for use in relation to the goods to which such application or question relates;

(ii) the manner in which an indication of origin should be borne by such goods;

(iii) such other matters arising out of the application or question as the Commission may be requested to report on by such Executive Minister or the Executive Council (as the case may be).

Restriction on sale orders and restriction on importation orders.

8. —(1) If, after consideration of a report of the Commission in relation to goods of a particular class or description, the Executive Council are of opinion that it is desirable that imported goods of that class or description should at the time of sale or exposure for sale bear an indication of origin, the Executive Council may, under and in accordance with this Act, make an order (in this Act referred to as a restriction on sale order) prohibiting the sale or exposure for sale of goods of that class or description unless such goods bear at the time of such sale or exposure an indication of origin in the form specified in such order.

(2) If, after consideration of a report of the Commission in relation to goods of a particular class or description, the Executive Council are of opinion that it is desirable that imported goods of that class or description should bear an indication of origin at the time of importation, the Executive Council may (without prejudice to their power to make a restriction on sale order in relation to imported goods of that class or description) make, under and in accordance with this Act, an order (in this Act referred to as a restriction on importation order) prohibiting the importation of goods of that class or description unless they bear at the time of importation an indication of origin in the form specified in such order.

(3) In this Act the expression “restriction order” shall be construed as equivalent to the expression “a restriction on sale order or a restriction on importation order.

Contents of restriction orders.

9. —(1) Every restriction order made in relation to goods of a particular class or description shall specify the following things, that is to say:—

(a) at least one form of an indication of origin to be borne by such goods;

(b) the manner in which such indication of origin is to be borne by such goods;

(c) the date on which such order is to come into force;

(d) in the case of a restriction on sale order, whether the goods are to bear an indication of origin at the time of exposure for sale wholesale.

(2) A restriction order may specify several forms of indication of origin.

(3) A restriction order made in relation to goods of a particular class or description may provide that such order shall extend to blends or mixtures consisting of or containing those goods.

(4) A restriction order made in relation to goods of a particular class or description may provide that such order shall, subject to such terms and conditions as may be stated in such order, extend to samples of such goods.

(5) A restriction order made in relation to goods of a particular class or description may contain such provisions as the Executive Council think fit in respect of such goods when in transit or in bond in Saorstát Eireann.

(6) In addition to the matters required or permitted by this section, every restriction order may contain such other provisions as appear to the Executive Council necessary or expedient for giving effect to the prohibition contained in such order.

Application and construction of restriction orders.

10. —(1) A restriction order shall not extend to blends or mixtures consisting of or containing goods to which such order applies unless such order expressly provides that it shall so extend.

(2) A restriction order shall not extend to samples of the goods to which such order applies unless such order expressly provides that it shall so extend.

(3) Where goods to which a restriction order applies form part of other goods to which a restriction order does not apply but so retain their original character that an indication of origin can reasonably be applied to them such order shall apply to such first mentioned goods as if they were separate from the goods of which they form part.

(4) A restriction on sale order shall not, unless the order provides that the goods to which such order applies shall bear an indication of origin at the time of exposure for sale wholesale, extend to the case of the exposure for sale wholesale by a person who is a wholesale dealer.

(5) Where a restriction order specifies several forms of indication of origin, references in such order and in this Act to an indication of origin in the form specified in such order shall be construed as referring to an indication of origin in any one of such forms.

Exemption orders.

11. —If, where a restriction order has been made with respect to goods, it is shown to the satisfaction of the Executive Council by persons appearing to have a substantial interest in the matter that the application of the provisions of such order to any particular class or description of those goods has caused or is likely to cause injury or hardship to those persons, or any of them, the Executive Council may make an order (in this Part of this Act referred to as an exemption order) exempting such goods of that class or description from such restriction order, and in that case while such exemption order is in force such restriction order shall cease to have effect in relation to such class or description of goods.

(2) Whenever an exemption order is made notice of the making thereof shall be published in the Iris Oifigiúil and in such other manner as the Executive Council may deem suitable.

(3) Whenever an exemption order is made the Executive Council shall refer to the Commission for their consideration the question whether the restriction order to which the exemption order relates should be amended either in accordance with the terms of the exemption order or otherwise with respect to the goods the subject of such exemption order and the Commission shall report to the Executive Council on such question.

(4) The Executive Council may at any time revoke an exemption order.

Revocation and amendment of restriction orders.

12. —(1) Subject to the provisions of this section, the Executive Council may at any time revoke or amend a restriction order.

(2) Where the Executive Council proposes to revoke or amend a restriction order, they shall, unless the proposed revocation or amendment has been referred to the Commission in pursuance of the immediately preceding section, first refer to the question of the proposed revocation or amendment to the Commission who shall report thereon.

(3) The Executive Council shall not revoke or amend a restriction order until they have considered the report of the Commission in relation to the proposed revocation or amendment.

Notice of reference and evidence at inquiry.

13. —(1) Whenever a reference is made under this Act by an Executive Minister or the Executive Council to the Commission, the Commission shall cause notice of such reference and the date and place of the holding of the inquiry in pursuance of such reference to be published in the Iris Oifigiúil and in such other manner as it may think suitable, and no such inquiry shall be begun by the Commission until the expiration of fourteen days after the date of such publication in the Iris Oifigiúil.

(2) When holding any such inquiry the Commission shall hear every person who so desires to be heard and appears to the Commission to be substantially interested in the subject matter of such inquiry and shall receive and consider any evidence tendered by such person.

Presentation and notification of reports of Commission.

14. —(1) Every report made by the Commission under this Act shall be laid upon the Tables of both Houses of the Oireachtas.

(2) The Executive Council shall cause notice of the making of every report made by the Commission to be published in the Iris Oifigiúil as soon as may be after the making of such report.

Laying of orders before Houses of Oireachtas.

15. —Every restriction order made by the Executive Council under this Act shall be laid before each House of the Oireachtas, as soon as may be after it is made, and if either House within the next subsequent twenty-one days on which such House has sat after such order is laid before it passes a resolution annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Offences in relation to restriction on sale orders.

16. —(1) If any person acts in contravention of or fails to comply with any restriction on sale order for the time being in force he shall, subject to the provisions of this Act relating to statutory defences, be guilty of an offence under this Act and shall be punishable accordingly.

(2) If any person advertises or offers for sale as being goods of a particular brand or make or otherwise under a specific designation, whether by means of an illustration or by means of any written matter, any imported goods of a class to which a restriction on sale order for the time being in force applies he shall, if he does not include in the advertisement or offer an indication of origin in the form specified in such order, and subject to the provisions of this Act relating to statutory defences, be guilty of an offence under this Act and shall be punishable accordingly.

This sub-section shall not apply in the case of any advertisement, made issued or published before the date on which the said restriction on sale order came into force.

Effect of restriction on importation orders.

17. —(1) Whenever a restriction on importation order in relation to imported goods of a particular class or description is for the time being in force, such goods shall, unless such goods bear in the manner prescribed by such order at the time of importation an indication of origin in the form specified in such order, be deemed to be goods which are prohibited to be imported by virtue of section 16 of the Principal Act, and the said section as amended by the Merchandise Marks Act, 1911, shall apply in respect of such goods accordingly.

(2) Where the Revenue Commissioners are satisfied that any goods the importation of which is prohibited by virtue of the foregoing sub-section are goods imported for export after transit through Saorstát Eireann or by way of transhipment or are goods declared on importation to be for re-exportation, the Revenue Commissioners may, subject to compliance with such conditions as to security for the re-exportation of such goods as they may think fit to impose, permit such goods to be imported.

(3) Nothing in this section shall be taken to be in derogation of anything contained in section 16 of the Principal Act.

Prohibition of removal of indication of origin from imported goods.

18. —(1) Every person who removes, alters or obliterates an indication of origin which in compliance with a restriction order was borne by any goods at the time of their importation or exposure for sale wholesale shall, unless he satisfies the court that such removal alteration or obliteration was not for the purpose of concealing the origin of the goods at the time of their sale or exposure for sale, be guilty of an offence under this Act and shall be punishable accordingly.

(2) The provisions of this Act relating to statutory defences shall not apply in the case of an act which is by virtue of this section, an offence under this Act.

Prosecution of offences by certain local authorities.

19. —(1) Every offence under this Act mentioned in this Part of the Act may, in so far as the same relates to any imported goods being foodstuffs, be prosecuted by or at the suit of an authorised local authority as prosecutor.

(2) Any duly authorised officer of an authorised local authority shall be entitled (subject to the production by him of his authority in writing as such authorised officer) at all reasonable times to enter any premises on which he has reason to believe there are kept for sale any imported goods being foodstuffs to which a restriction on sale order applies and on paying or making tender of payments therefor take samples of any goods which appear to him to be such imported foodstuffs.

(3) It shall be the duty of a duly authorised officer of an authorised local authority who in exercise of the powers conferred on him by this section takes any samples—

(a) forthwith to notify the person on whose premises such sample is taken or his agent that such sample is taken in pursuance of this section, and

(b) if so required by such person or agent at the time of giving such notification, to select a second like sample or divide the sample taken by him into two parts, and to mark and seal and leave with such person or agent either the second sample or one part of the divided sample.

(4) Every person who obstructs or impedes any duly authorised officer of an authorised local authority in exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) The provisions of this Act relating to statutory defences shall not apply in the case of an offence under this section.

(6) Any expenses incurred by an authorised local authority under this section shall be defrayed in the same manner as expenses incurred by such authority in executing the provisions of the Sale of Food and Drugs Acts, 1875 to 1907.

(7) In this section the expression “authorised local authority” means a local authority authorised to appoint an analyst for the purposes of the Sale of Food and Drugs Acts, 1875 to 1907.