INDUSTRIAL DESIGNS ACT, 2001

65.—(1) A licensee is entitled to invite the registered proprietor of a design to take infringement proceedings in respect of any matter which affects the licensee's interests, from the date on which application is made for registration of his or her interest under subsection (1) of section 41.

• (2) Where the registered proprietor—

• (a) refuses to take proceedings when called upon under subsection (1), or

• (b) fails to do so within 2 months after being so called upon,

the licensee may bring the proceedings in his or her own name as if he or she were the registered proprietor.

• (3) Where infringement proceedings are brought by a licensee under this section, the licensee may not, without the leave of the appropriate court, proceed with the action unless the registered proprietor is either joined as a plaintiff or added as a defendant.

• (4) Subsection (3) shall not affect the granting of interlocutory relief on an application by a licensee alone.

• (5) A registered proprietor who is added as a defendant under subsection (3) shall not be liable for any costs in the action unless he or she takes part in the proceedings.

• (6) In infringement proceedings brought by the registered proprietor the appropriate court shall take into account any loss suffered by licensees.

Chapter 11 Offences

66 Offences.

66.—(1) A person who without the licence of the registered proprietor of a design and while the design right is in force—

• (a) uses, otherwise than for his or her private and domestic use,

• (b) makes for sale or rent,

• (c) sells or rents, or offers or exposes for sale or rent,

• (d) imports into the State, otherwise than for his or her private and domestic use,

• (e) exports, or

• (f) in the course of a business, trade or profession, has in his or her possession, custody or control,

a product which is, and which he or she knows or has reason to believe is, an infringing product, shall be guilty of an offence.

• (2) A person who—

• (a) makes,

• (b) sells or rents, or offers or exposes for sale or rent,

• (c) imports into the State, or

• (d) has in his or her possession, custody or control,

an article specifically designed or adapted for applying to or incorporating in a product a design, knowing or having reason to believe that it has been or is to be used to make infringing products, shall be guilty of an offence.

• (3) An offence shall not be committed under subsection (1) by the undertaking of an act which under this Act may be undertaken without infringing the design right.

• (4) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding €1,905 (£1,500) in respect of each infringing product or article, or to imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €127,000 (£100,000), or to imprisonment for a term not exceeding 5 years, or both.

67 Falsification of register.

67.—A person who makes or causes to be made a false entry in the Register, or falsely claims, in writing or otherwise, something to be a copy or reproduction of an entry in the Register, or produces or tenders or causes to be produced or tendered in evidence any such thing, knowing or having reason to believe the entry or thing to be false, shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a fine not exceeding €1,905 (£1,500) or to imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine, or to imprisonment, or both.

68 False representation.

68.—(1) Where a person falsely represents that a design applied to a product disposed of by him or her in the State for valuable consideration is registered, knowing or having reason to believe that the representation is false, he or she shall be guilty of an offence.

• (2) For the purposes of this section, a person who in the State disposes of a product for valuable consideration having stamped, engraved or impressed thereon or otherwise applied to it the word “registered” or anything expressing or implying that a design applied to the product is a registered design, shall be deemed to have made a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the State and that the design is so registered.

• (3) Where any person, after the design right in a design has expired, marks any product to which the design has been applied with the word “registered”, or any word or words implying that there is a subsisting right in the design under this Act, or causes any such product to be so marked, he or she shall be guilty of an offence.

• (4) A person guilty of an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding €1,905 (£1,500).

69 Order for delivery up in criminal proceedings.

69.—(1) The court may, on conviction of a person or being satisfied that there is a prima facie case to answer, where the court is satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control—

• (a) in the course of a business, trade or profession, a product, knowing or having reason to believe it to be an infringing product, or

• (b) an article, knowing or having reason to believe it to be an infringing article,

order that the infringing product or article be delivered up to the registered proprietor of the design or to such other person as the court may direct.

• (2) An order under this section may be made by the court of its own motion, or on the application of the person bringing a prosecution, and may be made whether or not the person accused is convicted of the offence, but shall not be made—

• (a) after the expiration of the period specified in subsection (3) of section 71 as being the limit of the period for delivery up, or

• (b) where it appears to the court unlikely that any order will be made as to the disposal of the infringing products or articles.

• (3) A person to whom an infringing product or article is delivered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be.

70 Search and seizure in criminal cases.

70.—(1) Where a judge of the District Court is satisfied by information on oath that there are reasonable grounds for suspecting—

• (a) that an offence under section 66 has been, or is about to be, committed in, on or at any premises or place, and

• (b) that evidence that such an offence has been, or is about to be, committed is in, on or at those premises or that place,

the District Court may issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant on production where requested of that warrant to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts:

• (i) to seize any products or articles in respect of which he or she has reasonable ground for suspecting that an offence under section 66 has been or is about to be committed;

• (ii) to make an inventory or prepare other evidence of infringement of design right or potential infringement of design right;

• (iii) to seize anything found there which he or she believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under this Act;

• (iv) to require any person found there to give his or her name and address.

• (2) A warrant issued under this section may authorise persons, including the registered proprietor or his or her designated representative, to accompany and assist any member of the Garda Síochána in executing the warrant or in collating any inventory or other evidence.

• (3) A person who—

• (a) obstructs or interferes with a person acting under the authority of a warrant issued under this section,

• (b) is found in, on or at the premises or place specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member his or her name and address when required to do so or gives a name or address that is false or misleading,

• (c) obstructs the exercise of an authority conferred by a warrant under this section, or

• (d) fails or refuses to give information to a member of the Garda Síochána when requested to do so under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,905 (£1,500), or to imprisonment for a term not exceeding 12 months, or both.

Chapter 12 Delivery Up and Disposal

71 Period after which remedy of delivery up is not available.

71.—(1) Subject to subsection (2), an application for an order under section 61 may not be made after the expiration of 6 years from the date on which the infringing product or article was made.

• (2) Where, during the whole or any part of the period referred to in subsection (1), the registered proprietor—

• (a) is under a disability, or

• (b) is prevented by fraud or concealment from discovering the facts entitling him or her to apply for an order,

an application under section 61 may be made at any time before the expiration of 6 years from the date on which the applicant ceased to be under a disability or, as the case may be, could, with reasonable diligence, have discovered those facts.

• (3) An order for delivery up in criminal proceedings under section 69 shall not, in any case, be made after the expiration of 6 years from the date on which the proceedings under that section were initiated.

• (4) Where in any proceedings for an order for delivery up under section 61 or 69 the date of the making of the infringing product or article is put into question by the defendant, the onus of proof shall be on the defendant that the infringing product or article was made more than 6 years before the date on which an application for an order under section 61 was made or proceedings under section 69 were initiated.

72 Order as to disposal of infringing product or article.

72.—(1) An application may be made to the court for an order that an infringing product or article—

• (a) delivered up under section 61 or 69, or

• (b) seized and detained under section 62 or 70,

shall be—

• (i) forfeited to the registered proprietor, or

• (ii) destroyed or otherwise dealt with as the court may direct,

and the court may make such an order or such other order as it thinks fit.

• (2) In considering what order, if any, should be made under subsection (1) the court shall consider whether other remedies available in an action for infringement of the design right would be adequate to compensate the registered proprietor and to protect his or her interests.

• (3) Provision shall be made by rules of the court as to the service of notice on persons having an interest in the products or articles concerned, and any such person may—

• (a) appear in proceedings for an order under this section whether or not he or she was served with notice, or

• (b) appeal against any order made, whether or not he or she appeared in the proceedings concerned.

• (4) An order made under this section shall not take effect until the expiration of the period within which notice of an appeal may be given, or, where before the expiration of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

• (5) Where there is more than one person interested in a product or article, the court shall make such order as it thinks fit and may direct the product or article to be sold or otherwise dealt with and any proceeds divided in accordance with the direction of the court.

• (6) Where the court decides that no order shall be made under this section, the person who had the product or article in his or her possession, custody or control immediately before it was delivered up or seized shall be entitled to its return.

• (7) References in this section to a person having an interest in a product or article include any person in whose favour an order may be made under this section in respect of the product or article or under section 145 or 264 of the Copyright and Related Rights Act, 2000, or under section 23 of the Trade Marks Act, 1996.

Chapter 13 Provision for Preventing Importation

73 Infringing products or articles may be treated as prohibited goods.

73.—(1) The registered proprietor of a design may give notice in writing to the Revenue Commissioners—

• (a) that he or she is the registered proprietor, and

• (b) that he or she requests the Revenue Commissioners for a period specified in the notice to treat infringing products or infringing articles as prohibited goods.

• (2) The period specified in a notice given under subsection (1) shall not exceed 5 years and shall not extend beyond the period for which design right is to subsist.

• (3) The registered proprietor may give notice in writing to the Revenue Commissioners—

• (a) that he or she is the registered proprietor,

• (b) that infringing products or articles referred to in subsection (1)(b) are expected to arrive in the State at a time and a place specified in the notice, and

• (c) that he or she requests the Revenue Commissioners to treat those products or articles as prohibited goods.

• (4) When a notice given under subsection (1) is in force, the importation of goods to which the notice relates, other than products imported by a person for his or her private and domestic use, is prohibited.

• (5) Notwithstanding subsection (4) or anything contained in the Customs Acts, a person is not, by reason of the prohibition, liable to any penalty under the Customs Acts other than forfeiture of the prohibited goods.

• (6) In this section, “prohibited goods” means counterfeit or pirated goods within the meaning of the European Communities (Counterfeit and Pirated Goods) Regulations, 1996 (S.I. No. 48 of 1996).

74 Power of Revenue Commissioners to make regulations.

74.—(1) The Revenue Commissioners may prescribe the form in which notice is to be given under section 73 and require a person giving notice—

• (a) to furnish the Revenue Commissioners with such evidence as may be prescribed, either on giving notice or when the goods are imported, or at both these times, and

• (b) to comply with such other conditions as may be prescribed.

• (2) Regulations made under this section may require a person giving a notice under section 73—

• (a) to pay such fees in respect of the notice as may be specified by the Revenue Commissioners from time to time,

• (b) to give such security as may be so specified by the Revenue Commissioners in respect of any liability or expense which the Revenue Commissioners may incur in consequence of the notice given by reason of the detention of any infringing product or article or anything done to any infringing product or article detained, and

• (c) to indemnify the Revenue Commissioners against any such liability or expense whether security has been given or not.

• (3) Regulations made under this section may make different provisions in respect of different classes of case to which they apply and may include such incidental and supplementary provisions as the Revenue Commissioners consider expedient from time to time.

• (4) A fee paid pursuant to regulations made under this section shall be accounted for in such manner as shall be prescribed by the Minister for Finance.

Chapter 14 Exhaustion of Design Right

75 Exhaustion of design right.

75.—The design right shall not be infringed by the doing of anything in relation to products to which the design has been applied or is incorporated where such products have been put on the market in a Member State of the EEA by or with the consent of the registered proprietor.

Chapter 15 Assignment and Licensing

76 Assignment.

76.—(1) The design right is transmissible by assignment, testamentary disposition or operation of law, as personal or moveable property.

• (2) Any equities in respect of the design right may be enforced in like manner as in respect of any other personal property.

• (3) An assignment or mortgage of a design right, or a vesting assent relating to it, shall not be effective unless it is in writing signed by or on behalf of the assignor, mortgagor or party granting such assent or, as the case may be, a personal representative and this requirement may be satisfied in a case where the assignor, mortgagor or party granting the assent or personal representative is a body corporate by the affixing of its seal.

• (4) Until an application has been made for registration of a transaction referred to in the section under section 41—

• (a) the transaction shall be ineffective as against a person acquiring a conflicting interest in or under the design right in ignorance of it; and

• (b) a person claiming to be a licensee by virtue of the transaction shall not be entitled to the rights and remedies conferred by sections 63 and 65.

• (5) Where there is more than one registered proprietor of a design, no registered proprietor shall, without the consent of each of the others, grant a licence under the design right or assign or mortgage a share in it.

• (6) An assignment may be partial so as to apply to—

• (a) one or more but not all of the acts the registered proprietor has the exclusive right to undertake or authorise, or

• (b) part but not the whole of the period for which the design right is to subsist.

77 Exclusive licences.

77.—(1) In this Act, an “exclusive licence” means a licence authorising the licensee, to the exclusion of all other persons including the person granting the licence, to use a registered design in the manner authorised by the licence and references in this Act to “exclusive licensee” shall be construed accordingly.

• (2) An exclusive licensee has the same rights against a successor in title who is bound by the licence as the exclusive licensee has against the person granting the licence.

78 Licensing of registered designs.

78.—(1) Until an application has been made for registration of a transaction referred to in this section under section 41—

• (a) the transaction shall be ineffective as against a person acquiring a conflicting interest in or under the registered design in ignorance of it, and

• (b) a person claiming to be a licensee by virtue of the transaction shall not be entitled to the rights and remedies conferred by sections 63 and 65.

• (2) A licence may be partial so as to apply to—

• (a) one or more but not all of the acts that the registered proprietor has the exclusive right to undertake or authorise, or

• (b) part but not the whole of the period for which the design right is to subsist.

• (3) A licence, including an exclusive licence, granted in respect of a design right shall not be effective unless it is in writing and signed by or on behalf of the grantor and this requirement may be satisfied in a case where the grantor is a body corporate by the affixing of its seal.

• (4) Unless the licence provides otherwise, it shall be binding on a successor in title to the grantor's interest in the design, except a purchaser in good faith for valuable consideration and without notice of the licence or a person deriving title from such a purchaser, and references in this Act to undertaking any act with or without the consent of the registered proprietor shall be construed accordingly.

• (5) References in this Act to a licence or licensee include a sub-licence or sub-licensee.

Chapter 16 International Arrangements

79 Geneva Act of the Hague Agreement.

79.—(1) In this Act—

“Hague Agreement” means the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs, adopted at Geneva on 2 July, 1999;

“International Bureau” has the meaning given by Article 1 of the Hague Agreement;

“international design” means a design which is entitled to protection in the State under the Hague Agreement.

• (2) The Minister may prescribe such matters as he or she considers appropriate for giving effect in the State to the provisions of the Hague Agreement.

• (3) The proprietor of an international design designating the State shall, as respects the State, have the same rights and remedies and be subject to the same conditions as an applicant for registration under this Act or, as the case may be, the registered proprietor of a design registered under this Act.

Chapter 17 Proceedings before the Controller or the Courts

80 Exercise of discretionary powers of Controller.

80.—Where any discretionary power is, by or under this Act, given to the Controller, that power shall not be exercised adversely to an applicant for registration of a design or a registered proprietor of a design or to a party in proceedings before the Controller without that applicant, proprietor or party being given an opportunity of being heard as regards the exercise of that power.

81 Costs and security for costs.

81.—(1) The Controller may, in any proceedings before him or her under this Act, order the payment to any party of such costs (if any) as the Controller may consider reasonable and direct how and by what party they are to be paid, and any such order may, by leave of the High Court, be enforced in the same manner as a judgement or order of the High Court to the same effect.

• (2) Where, under this Act, a party who neither resides nor carries on business in the State or in any other state which may be prescribed is a party to any proceedings before the Controller, the Controller or, in the case of any appeal, the High Court, may require that party to give security for the costs of the proceedings.

• (3) Where a requirement under subsection (2) is not complied with, the Controller or, as the case may be, the High Court may treat the proceedings as abandoned.

82 Evidence before the Controller.

82.—In subsection (1) of section 92 (as amended by section 73 of the Trade Marks Act, 1996) of the Patents Act, 1992 (which relates to evidence in proceedings before the Controller under that Act or any other enactment), after “before the Controller (including proceedings under the Trade Marks Act, 1996”, there shall be inserted “, and the Industrial Designs Act, 2001” and the section as so amended is set out in the Table to this section.

TABLE

In any proceeding under this or any other enactment before the Controller (including proceedings under the Trade Marks Act, 1996, and the Industrial Designs Act, 2001) evidence shall be given by statutory declaration in the absence of directions to the contrary, but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by such declaration.

83 Costs of Controller in proceedings.

83.—In proceedings before the courts under this Act, the Controller shall not be awarded costs and shall not be ordered to pay the costs of any other party.

84 Appeals.

84.—(1) Except as otherwise provided by this Act, an appeal lies to the High Court from any decision or order of the Controller under this Act within the period of 3 months from the date of the decision or order of the Controller.

• (2) An appeal from a decision of the High Court under this section shall lie to the Supreme Court on a specified point of law by leave of the High Court.

Chapter 18 Miscellaneous

85 Power of Minister to make regulations.

85.—(1) The Minister may make regulations for the purpose of enabling this Act to have full effect.

• (2) Regulations made under this section may contain such incidental, supplementary or consequential provisions as appear to the Minister to be necessary or expedient for the purposes of this Act.

• (3) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

• (4) The Government or the Minister, as the case may be, may by order amend or revoke an order made by the Government or the Minister under this Act including an order made under this subsection (other than a commencement order).

86 Rights of State in respect of registered designs.

86.—(1) Subject to this section, the registration of a design shall have the same effect as against the State as it has against an individual.

• (2) A Minister of the Government may, by himself or herself or by such of his or her officers, servants or agents as may be authorised in writing by him or her or by any other person acting on his or her behalf, at any time after the application for registration of a design under this Act, use the design for the service of the State—

• (a) on such terms as may, either before or after the use thereof, be agreed on with the consent of the Minister for Finance between that Minister of the Government and the applicant or, as the case may be, the registered proprietor, or

• (b) in default of agreement, on such terms as may be settled in the manner provided under this section,

and the terms of any agreement or licence concluded between the applicant or, as the case may be, the registered proprietor and any person other than a Minister of the Government shall be inoperative so far as it concerns the use of the design for the service of the State.

• (3) Where a registered design has, before the date of registration or, where priority is claimed, the date of priority, been duly recorded in a document or embodied in a model by a Minister of the Government (such design not having been communicated directly or indirectly by the applicant for the registration or, as the case may be, the registered proprietor) any Minister of the Government or such of his or her officers, servants or agents as may be authorised in writing by him or her, may use the design so recorded for the service of the State free of royalty or any other payment to the applicant or, as the case may be, the registered proprietor, notwithstanding the existence of the design right.

• (4) For the purposes of subsection (3), where, in the opinion of that Minister of the Government, the disclosure to the applicant or, as the case may be, the registered proprietor of the document recording the design or the model embodying the design would be detrimental to the public interest, such disclosure may be made confidentially to counsel on behalf of the applicant or registered proprietor or to any independent expert mutually agreed upon.

• (5) In case of a dispute as to the use of a design under this section, the terms therefor or as to the existence or scope of any record referred to in subsection (3), the matter shall be referred to the High Court for decision, and the High Court shall have the power to refer the whole matter or any question or issue of fact thereon to be heard by an arbitrator upon such terms as it may direct.

• (6) The High Court or arbitrator, in setting a dispute referred to in subsection (5), shall be entitled to take into consideration any benefit or consideration which the applicant or registered proprietor or any other person interested in the design may have received directly or indirectly from the State in respect of such use of the design.

• (7) Notwithstanding subsection (5), an arbitrator appointed under that subsection shall make his or her finding within 3 months of the reference from the High Court, or within such further period of time as may be agreed with the High Court.

• (8) In any proceedings under this section, the Minister of the Government who is a party to the proceedings may—

• (a) put in question the validity of the relevant registration without applying for its invalidation, or

• (b) if the registered proprietor of the design is party to the proceedings, apply for the invalidation of the registration on any ground upon which a registration may be invalidated under this Act.

• (9) The right to use a design for the service of the State under this section shall include the power to sell or rent, or offer for sale or rent, any products made in pursuance of such right which are no longer required for the service of the State.

• (10) Nothing in this section shall affect the right of the State or of any person deriving title directly or indirectly from the State to sell, rent or use any articles forfeited under the Customs Acts.

• (11) Any person who acquires products disposed of, sold or rented in the exercise of powers conferred by this section and any person claiming under him or her shall have the power to deal with the products in the same manner as if they had been made pursuant to a design right held on behalf of the State.

• (12) In this Act, “service of the State” means a service financed out of moneys charged on or advanced out of the Central Fund or moneys provided by the Oireachtas or by a local authority for the purposes of the Local Government Act, 1941.

87 Privileged communications.

87.—(1) This section applies to communications in respect of any matter relating to the protection of a design.

• (2) Any communication to which this section applies—

• (a) between a person and his or her registered agent, or

• (b) for the purposes of obtaining or in response to a request for information which a person is seeking for the purpose of instructing his or her registered agent,

is privileged from disclosure in legal proceedings in the State in the same way as a communication between a person and his or her solicitor or, as the case may be, a communication for the purpose of obtaining or in response to a request for information which a person seeks for the purpose of instructing his or her solicitor.

• (3) In subsection (2), “registered agent” means:

• (a) a registered trade mark agent;

• (b) a registered patent agent.

• (4) Section 94(2) of the Patents Act, 1992, is hereby amended by the deletion of “, design” and the said subsection shall be construed and have effect accordingly.

88 Recognition of agents.

88.—(1) Whenever, under this Act, an act has to be undertaken by or done to a person in connection with the registration of a design or any procedure relating to a registered design or a design right, the act may be undertaken by or done to an agent—

• (a) who is authorised by that person orally or in writing; and

• (b) who is a registered patent agent or a registered trade mark agent.

• (2) A registered patent agent or a registered trade mark agent duly authorised by a person under subsection (1) to act as his or her agent may, subject to any agreement to the contrary between the agent and that person, on giving notice to the Controller and that person, cease to act as agent for that person.

• (3) In this Act, “registered patent agent” shall have the same meaning as “patent agent” in the Patents Act, 1992.

• (4) Part X (Patent Agents) of the Patents Act, 1992, shall apply in respect of registered patent agents under this Act as it applies in respect of patent agents under the Patents Act, 1992.

• (5) In this Act, “registered trade mark agent” shall have the same meaning as “registered trade mark agent” in the Trade Marks Act, 1996.

• (6) Part V (Trade Mark Agents) of the Trade Marks Act, 1996, shall apply in respect of registered trade mark agents under this Act as it applies in respect of registered trade mark agents under the Trade Marks Act, 1996.

• (7) The Minister may prescribe the maximum fees to be charged by a registered patent agent or a registered trade mark agent in respect of service provided in connection with the protection of designs.

• (8) Nothing in this Act shall be construed as prohibiting solicitors or barristers from taking such part in proceedings under this Act as has heretofore been taken by solicitors or barristers in connection with a design or any procedure relating to a design or the registration thereof.

• (9) A registered patent agent or a registered trade mark agent shall not be guilty of an offence under section 58 of the Solicitors Act, 1954 (which prohibits the preparation for reward of certain instruments by persons not legally qualified), by reason only of the preparation by the agent of—

• (a) a deed assigning the property in a design application or design; or

• (b) any document (not being a deed) for use in proceedings under this Act before the Controller or the appropriate court.

89 Amendment to Copyright and Related Rights Act, 2000.

89.—The Copyright and Related Rights Act, 2000, is hereby amended by—

• (a) the insertion of the following after section 31—

““Duration of copyright in relation to registered design.	31A.—The copyright in a design registered under the Industrial Designs Act, 2001, shall expire 25 years after the filing date of the application for registration of the design under that Act or on the date of expiration of the copyright under this Act, whichever is the sooner.”,

• (b) the deletion in section 79(2)(a) of “texture and materials” and the substitution of “texture or materials”,

• (c) the substitution in section 78 of “the Industrial Designs Act, 2001” for “the Act of 1927” in subsection (1)(a),

• (d) the substitution in section 78 of “the Industrial Designs Act, 2001” for “the Act of 1927” in subsection (2),

• (e) the insertion of the following after section 78—

“Design documents and models.	78A.—(1) The copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface is not infringed by the making of a product to the design or the copying of a product made to the design. (2) The copyright in a design document or a model recording or embodying a design for anything other than an artistic work or a typeface is not infringed by the issue to the public, or the inclusion in a film, broadcast or cable programme service, of anything the making of which is, by virtue of subsection (1), not an infringement of that copyright. (3) In this section and section 78B— ‘design’ means the design of any aspect of the shape or contours (whether internal or external) of the whole or part of a product, other than surface decoration; ‘design document’ means any record of a design, whether in the form of a drawing, a written description, a photograph, storing the work in any medium or otherwise; ‘product’ means any industrial or handicraft item, including parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographical typefaces, but not including computer programmes; and ‘complex product’ means a product which is composed of multiple components which can be replaced permitting disassembly and reassembly of the product.
Effect of exploitation of design derived from artistic work.	78B.—(1) This section applies where an artistic work has been exploited, by or with the authorisation of the copyright owner, by— (a) making by an industrial process products falling to be treated for the purposes of this Part as copies of the work, and (b) marketing such products, in the State or elsewhere. (2) After the expiry of 25 years from the end of the calendar year in which such products are first marketed, the work may be copied by making products of any description, or doing anything for the purpose of making products of any description, and anything may be done in relation to products so made, without infringing the copyright in the work. (3) Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) applies only in relation to that part. (4) The Minister may prescribe: (a) the circumstances in which a product, or any description of product, is to be regarded for the purposes of this section as made by an industrial process; (b) the exclusion from the operation of this section such products of a primarily literary or artistic character as the Minister thinks fit. (5) In this section references to products do not include films.”,

• (f) the deletion in section 85(2) of “15 years” and the substitution of “25 years”,

• (g) the repeal of section 79(2).

FIRST SCHEDULE

Transitional Provisions

SECOND SCHEDULE

Repeals

(1)	(2)	(3)
Number and Year	Short Title of Act	Extent of Repeal
No. 16 of 1927	Industrial and Commercial Property (Protection) Act, 1927	All remaining provisions
No. 13 of 1929	Industrial and Commercial Property (Protection) (Amendment) Act, 1929	All remaining provisions
No. 45 of 1947	Industrial and Commercial Property (Protection) (Neuchatel Agreement) Act, 1947	All remaining provisions
No. 32 of 1949	Industrial and Commercial Property (Protection) (Amendment) Act, 1949	All remaining provisions
No. 13 of 1957	Industrial and Commercial Property (Protection) (Amendment) Act, 1957	All remaining provisions
No. 21 of 1958	Industrial and Commercial Property (Protection) (Amendment) Act, 1958	All remaining provisions
No. 10 of 1963	Copyright Act, 1963	All remaining provisions

Footnotes