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48 1931

MERCHANDISE MARKS ACT, 1931

PART IV.

Other restrictions in relation to imported goods.

Sale of imported goods bearing name or trade mark of Saorstát Eireann manufacturer or trader or place name in Saorstát Eireann.

20. —(1) It shall not be lawful for any person to sell or expose for sale either retail or wholesale or to distribute by way of advertisement (whether such advertisement relates to the goods distributed or to other goods) any imported goods to which there is applied within the meaning of section 5 of the Principal Act, either—

(a) the name of a manufacturer, trader, or dealer in Saorstát Eireann; or

(b) the trade mark of any such person as is mentioned in the foregoing paragraph or a mark, emblem or device so closely resembling such trade mark as to be calculated to deceive; or

(c) a name so closely resembling the name of a manufacturer, trader, or dealer in Saorstát Eireann as to be calculated to deceive; or

(d) the name of any place, district or area in Saorstát Eireann;

unless such name, trade mark, mark, emblem, or device is accompanied, in a manner not less conspicuous than the manner in which such name, trade mark, mark, emblem, or device is so applied, by a definite indication of origin of the country in which such goods were produced or manufactured.

(2) The Minister for Industry and Commerce may, at any time after the passing of this Act, by order exempt from the provisions of this section goods of any particular class or description or goods sold under any particular description, if he is satisfied that, having regard to the special circumstances of the trade in such goods, such exemption is desirable and would not materially prejudice public interests in Saorstát Eireann.

(3) The following provisions shall have effect in relation to blends or mixtures consisting of or containing imported goods of a particular class or description, that is to say:—

(a) the Minister for Industry and Commerce may at any time after the passing of this Act and from time to time by order do any of the following things, that is to say:—

(i) apply the provisions of sub-section (1) of this section to such blends or mixtures, or

(ii) revoke or amend any order previously made by him under this paragraph;

(b) the provisions of sub-section (1) of this section shall not extend to such blends or mixtures unless an order made by the Minister under this sub-section applying the said provisions to such blends or mixtures is for the time being in force.

(4) In this section the expression “trade mark” means a mark (whether registered or not registered under the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927) as a trade mark or as a design) which is used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with, or offering for sale.

(5) The following provisions shall have effect in relation to the coming into force of this section, that is to say:—

(a) in this sub-section the expression “the appointed day” means the day next following the expiration of six months from the passing of this Act;

(b) subject to the provisions of the next succeeding paragraph of this sub-section this section shall come into force on the appointed day;

(c) the Minister for Industry and Commerce may, at any time after the passing of this Act and before the appointed day, by order made in relation to imported goods of a particular class or description declare that this section shall, so far as it relates to imported goods of that class or description, come into force on such day (not being earlier than the date of such order or less than seven days after such date or later than the appointed day) as may be specified in that behalf in such order, and whenever any such order is made this section shall, in relation to imported goods of the class or description to which such order relates, come into force on the day specified in that behalf in such order;

(d) every order made under this sub-section shall be published in the Iris Oifigiúil as soon as may be after it is made.

(6) Every person who acts in contravention of this section 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.

(7) Section 9 of the Principal Act shall apply in respect of any proceedings for an act which is a contravention of this section.

(8) Nothing in this section shall be construed as rendering it lawful to sell or expose for sale any imported goods to which a restriction on sale order for the time being in force applies in contravention of such order.

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