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48 1931

MERCHANDISE MARKS ACT, 1931

PART VII.

Miscellaneous and general.

Adaptation of the Principal Act and the Merchandise Marks Act, 1911.

29. —(1) Every mention or reference to the United Kingdom in the Principal Act and the Merchandise Marks Act, 1911, shall be construed and take effect as a mention of or reference to Saorstát Eireann.

(2) The reference to Her Majesty in paragraph (iii.) of sub-section (3) of section 2 of the Principal Act shall be construed and take effect as a reference to the State.

(3) The reference to goods of foreign manufacture in sub-section (1) of section 16 of the Principal Act shall be construed and take effect as a reference to goods manufactured outside Saorstát Eireann.

(4) Every mention of or reference to the Commissioners of Customs in section 16 of the Principal Act shall be construed and take effect as a mention of or reference to the Revenue Commissioners.

(5) The reference to the Commissioners of Her Majesty's Treasury in sub-section (6) of section 16 of the Principal Act shall be construed and take effect as a reference to the Minister for Finance.

(6) The reference to the London Gazette in sub-section (8) of section 16 of the Principal Act shall be construed and take effect as a reference to the Iris Oifigiúil.

(7) The reference to publication in the Board of Trade Journal in sub-section (8) of section 16 of the Principal Act shall cease to have effect.

(8) Every reference to the Commissioners of Customs and Excise in the Merchandise Marks Act, 1911, shall be construed and take effect as a reference to the Revenue Commissioners.

Prosecutions by Minister for Industry and Commerce.

30. —(1) The Minister for Industry and Commerce may, subject to the prescribed conditions being complied with, undertake as prosecutor the prosecution of any offence under the Principal Act or any offence under this Act in cases appearing to him to affect the general interests of the country or of a section of the community, or of a trade, or of an industry.

(2) In this section the expression “prescribed” means prescribed by regulations made by the Minister for Industry and Commerce under this section.

Prosecutions by Minister for Agriculture.

31. —(1) The Minister for Agriculture may, subject to the prescribed conditions being complied with, undertake as prosecutor the prosecution of any offence under the Principal Act or any offence under this Act in cases which appear to him to relate to agricultural produce or to the produce of any other rural industries and to affect the general interests of the country or a section of the community or of a trade or of an industry.

(2) In this section the expression “rural industries” means the rural industries mentioned in section 2 of the Agriculture Act, 1931 (No. 8 of 1931).

(3) In this section the word “prescribed” means prescribed by regulations made by the Minister for Agriculture under this section.

(4) Nothing in this section shall operate to limit the powers conferred on the Minister for Industry and Commerce by the immediately preceding section, in so far as those powers are concurrent with the powers conferred on the Minister for Agriculture by this section, and nothing in this section or the immediately preceding section shall operate to affect the power of any person (other than the said Ministers) to prosecute in respect of any offences under the Principal Act or any offence under this Act.

Savings.

32. —(1) This Act shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Act, be brought against him.

(2) Nothing in this Act shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence under this Act.

Regulations.

33. —Every regulation made under this Act 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 regulation is laid before it annulling such regulation such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Expenses.

34. —All expenses of carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

35. —The enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Short title and citation.

36. —This Act may be cited as the Merchandise Marks Act, 1931, and the Merchandise Marks Act, 1887 and 1891, the Merchandise Marks Act, 1911, and this Act may be cited together as the Merchandise Marks Acts, 1887 to 1931.