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20 1961

INDUSTRIAL RESEARCH AND STANDARDS ACT, 1961

PART V.

Standard Specifications and Standard Marks.

Standard specifications.

20. —(1) The Institute shall formulate for the Minister specifications for such commodities, processes and practices as the Minister may from time to time request.

(2) In formulating specifications under subsection (1) of this section the Institute shall comply with the directions of the Minister.

(3) The Institute, on formulating a specification, may, with the consent of the Minister, declare it to be a standard specification for the commodity, process or practice to which it relates.

(4) Where, under any other enactment, any Minister of State is authorised to prescribe a specification or standard of quality for any commodity, process or practice, or to issue licences for the sale or advertisement of any commodity, the Minister shall not consent to the declaration of a standard specification in respect thereof except with the consent of that Minister of State.

(5) The Insitute may, with the consent of the Minister, revoke or amend a standard specification.

(6) The specifications declared by orders made under section 20 of the Act of 1946 or under section 2 of the Act of 1954 which were in force immediately before the commencement of this Act shall be deemed to have been declared under this section.

Publication of notice of standard specification.

21. —The Institute shall as soon as may be after the declaration of a standard specification cause notice thereof to be published in Iris Oifigiúil and in such other manner as the Minister may direct and shall publish and place on sale copies of the standard specification.

Evidence of standard specification.

22. —(1) Prima facie evidence of a standard specification may be given by the production of a copy thereof purporting to be published by the authority of the Institute.

(2) Section 6 of the Documentary Evidence Act, 1925 , shall apply to the printing, publication and tendering in evidence of documents purporting to be standard specifications as it applies to the official documents referred to in the section with the substitution, for references to the Stationery Office, of references to the Institute.

False representation in connection with standard specifications.

23. —(1) Every person who makes any representation which is false in any material respect that any commodity, process or practice is of standard specification shall, unless he proves that he acted without intent to defraud, be guilty of an offence.

(2) In this section the word “representation” means, in relation to a commodity, process or practice, any representation, direct or indirect, and whether oral, or by conduct, or in writing, and if in writing, includes a representation in any advertisement, catalogue, bill head or other document relating to the commodity, process or practice or implied in the use of any trade mark or style.

(3) Nothing in this section shall be construed as limiting the operation of paragraph (d) of subsection (1) of section 2 of the Merchandise Marks Act, 1887.

Standard marks.

24. —(1) The Minister may by order prescribe a standard mark or marks for use, in accordance with this Act, in connection with commodities, processes and practices generally or with any class or kind of commodity, process or practice to indicate conformity with a standard specification.

(2) The marks prescribed under section 22 of the Act of 1946 which were in force immediately before the commencement of this Act shall be deemed to have been prescribed by orders made under this section and may be revoked by orders made under this section.

(3) A standard mark shall include the words “Caighdeán Éireannach” or the initials “C.É.” and may include the words “Irish Standard” or the initials “I.S.” or any other mark.

(4) The Minister may revoke an order made by him under this section.

(5) Where an order prescribing a standard mark for use in connection with a commodity, process or practice conforming to a particular standard specification is for the time being in force, the following provisions shall have effect—

(a) the Minister shall be the proprietor of the standard mark;

(b) for the purposes of the Merchandise Marks Acts, 1887 to 1931, the standard mark shall be a trade mark.

Grant of licence to use a standard mark.

25. —(1) The Institute may grant to a person a licence to use, subject to such conditions as may be expressed in the licence, a standard mark in connection with any commodity, process or practice for which there is a standard specification.

(2) The conditions expressed in a licence granted under this section shall include conditions that the standard mark for any commodity, process or practice shall be used only—

(a) in conjunction with the serial number assigned by the Institute to the standard specification for that commodity, process or practice, and

(b) in connection with a commodity, process or practice which conforms with that standard specification.

(3) Where it appears to the Institute—

(a) that the condition mentioned in subparagraph (a) or that mentioned in subparagraph (b) of subsection (2) of this section is not complied with, or

(b) in any other case where it seems proper to the Institute so to do,

the Institute may revoke a licence granted under this section.

(4) Where a licence is revoked under subsection (3) of this section the Institute shall inform the licensee of the revocation and of the reason therefor.

(5) The Institute may not, without the consent of the Minister, grant a licence under this section to a natural person not normally resident in Ireland or to a legal person who has not a permanent establishment in Ireland.

(6) Where the Minister has, with the consent of another Minister of State, consented to the declaration of a standard specification in relation to any commodity, process or practice, the Institute may not grant a licence under this section for the use of a standard mark in connection with that commodity, process or practice save with the consent of the Minister in agreement with that other Minister of State.

(7) Where the use of a standard mark on a commodity or its container would not be practicable, a licence to use that standard mark may authorise the use of the mark on business stationery or in advertisements on conditions which would prevent misunderstandings as to the commodity to which the mark relates.

(8) The use of a standard mark in connection with a commodity, process or practice which does not conform with the standard specification relating to such commodity, process or practice shall not be deemed to be an application of a false trade description to goods for the purposes of the Merchandise Marks Acts, 1887 to 1931.

(9) A licence granted to any person under section 22 of the Act of 1946 which was not revoked before the commencement of this Act shall be deemed for the purposes of this Act to be a licence granted under this section.

Unlawful use of standard marks.

26. —(1) Every person who—

(a) uses a standard mark without a licence to do so granted to him under this Act, or

(b) makes any representation or uses any mark in connection with any commodity, process or practice which suggests or is likely to suggest that a person who is not licensed to use a standard mark in connection with that commodity, process or practice is so licensed or is entitled to use a standard mark,

shall, unless he proves that he acted without intent to defraud, be guilty of an offence.

(2) The word “representation” in subsection (1) of this section has the same meaning as it has in section 23 of this Act.

Registration of standard marks abroad.

27. —The Minister may procure the registration, in any register maintained in any place outside the State, of a standard mark and may procure himself to be entered in the register as the proprietor of the standard mark.

Registers.

28. —(1) The Institute shall keep—

(a) a register of standard specifications (to be called the Register of Standard Specifications),

(b) a register of standard marks (to be called the Register of Standard Marks), and

(c) a register of licensees under section 25 of this Act (to be called the Register of Licensees of the Institute for Industrial Research and Standards).

(2) Each register shall be made available for inspection by any person, on payment of a fee of one shilling, at all reasonable times.

(3) A certificate under the official seal of the Institute as to the contents of a register or of any entry therein shall be prima facie evidence of the facts so certified.

(4) The Institute shall issue to any person, on payment of a fee of one shilling for each entry, such certificate as is mentioned in subsection (3) of this section.

Restriction on registration under Registration of Business Names Act, 1916.

29. —(1) A person shall not be registered under the Registration of Business Names Act, 1916, after the commencement of this Act by a name containing or consisting of the word “Caighdeán”, or the word “Standard”, or the initials “C.É.” or “I.S.” or by a name which so nearly resembles any such word or initials as to be likely to deceive.

(2) Subsection (1) of this section does not apply to the registration of a person by a name similar to that by which any predecessor in business of that person was, immediately before the commencement of the Act of 1946, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.

Restriction on registration under the Companies Acts, 1908 to 1959.

30. —(1) A company shall not be registered under the Companies Acts, 1908 to 1959, after the commencement of this Act by a name containing or consisting of the word “Caighdeán” or the word “Standard” or the initials “C.É.” or “I.S.” or by a name which so nearly resembles any such word or initials as to be likely to deceive.

(2) Subsection (1) of this section does not apply to the registration of a company by a name similar to that by which any predecessor in business of that company was, immediately before the commencement of the Act of 1946, registered under the Companies Acts, 1908 to 1924, or the Registration of Business Names Act, 1916.

Restriction on registration under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958.

31. —No trade mark or design shall be registered under the Industrial and Commercial Property (Protection) Acts, 1927 to 1958, after the commencement of this Act if it contains or consists of the word “Caighdeán” or the word “Standard” or the initials “C.É.” or “I.S.” or if it so nearly resembles such word or initials or any standard mark as to be likely to deceive.