IE
INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927
Table of Provisions (6)
Statutory Text (6 Articles)
FIRST SCHEDULE. ENACTMENTS REPEALED.
ENACTMENTS REPEALED.
Session and Chapter
Session and Chapter
Short Title
Short Title
Extent of Repeal
Extent of Repeal
25 & 26 Vict. c. 68.
25 & 26 Vict. c. 68.
Fine Arts Copyright Act, 1862.
Fine Arts Copyright Act, 1862.
The whole Act so far as unrepealed.
The whole Act so far as unrepealed.
2 Edw. VII. c. 15.
2 Edw. VII. c. 15.
Musical (Summary Proceedings) Copyright Act, 1902.
Musical (Summary Proceedings) Copyright Act, 1902.
The whole Act.
The whole Act.
5 Edw. VII. c. 15.
5 Edw. VII. c. 15.
Trade Marks Act, 1905.
Trade Marks Act, 1905.
The whole Act.
The whole Act.
6 Edw. VII. c. 36.
6 Edw. VII. c. 36.
Musical Copyright Act, 1906.
Musical Copyright Act, 1906.
The whole Act.
The whole Act.
7 Edw. VII. c. 29.
7 Edw. VII. c. 29.
Patents and Designs Act, 1907.
Patents and Designs Act, 1907.
The whole Act.
The whole Act.
1 & 2 Geo. V. c. 46.
1 & 2 Geo. V. c. 46.
Copyright Act, 1911.
Copyright Act, 1911.
The whole Act.
The whole Act.
4 & 5 Geo. V. c. 16.
4 & 5 Geo. V. c. 16.
Trade Marks Act, 1914.
Trade Marks Act, 1914.
The whole Act.
The whole Act.
4 & 5 Geo. V. c. 18.
4 & 5 Geo. V. c. 18.
Patents and Designs Act, 1914.
Patents and Designs Act, 1914.
The whole Act.
The whole Act.
5 & 6 Geo. V. c. 38.
5 & 6 Geo. V. c. 38.
Copyright (British Museum) Act, 1915.
Copyright (British Museum) Act, 1915.
The whole Act.
The whole Act.
9 & 10 Geo. V. c. 79.
9 & 10 Geo. V. c. 79.
Trade Marks Act, 1919.
Trade Marks Act, 1919.
The whole Act.
The whole Act.
9 & 10 Geo. V. c. 80.
9 & 10 Geo. V. c. 80.
Patents and Designs Act, 1919.
Patents and Designs Act, 1919.
The whole Act.
The whole Act.
Short title.
Short title.
1
1.—This Act may be cited as the Industrial and Commercial Property (Protection) Act, 1927.
SECOND SCHEDULE. MAXIMUM FEES.
MAXIMUM FEES.
A.
PATENTS.
£
£
s.
s.
d.
d.
1. On application accompanied by provisional specification
1. On application accompanied by provisional specification
15
15
0
0
2. On filing complete specification thereafter
2. On filing complete specification thereafter
2
2
5
5
0
0
3. On application accompanied by complete specification
3. On application accompanied by complete specification
3
3
0
0
0
0
On application for certificate of renewal—
On application for certificate of renewal—
*4. Before the expiration of the 4th year from the date of the Patent and in respect of the 5th year
*4. Before the expiration of the 4th year from the date of the Patent and in respect of the 5th year
3
3
15
15
0
0
* 5. Before the expiration of the 5th year from the date of the Patent and in respect of the 6th year
* 5. Before the expiration of the 5th year from the date of the Patent and in respect of the 6th year
4
4
10
10
0
0
* 6. Before the expiration of the 6th year from the date of the Patent and in respect of the 7th year
* 6. Before the expiration of the 6th year from the date of the Patent and in respect of the 7th year
5
5
5
5
0
0
* 7. Before the expiration of the 7th year from the date of the Patent and in respect of the 8th year
* 7. Before the expiration of the 7th year from the date of the Patent and in respect of the 8th year
6
6
0
0
0
0
* 8. Before the expiration of the 8th year from the date of the Patent and in respect of the 9th year
* 8. Before the expiration of the 8th year from the date of the Patent and in respect of the 9th year
6
6
15
15
0
0
* 9. Before the expiration of the 9th year from the date of the Patent and in respect of the 10th year
* 9. Before the expiration of the 9th year from the date of the Patent and in respect of the 10th year
7
7
10
10
0
0
*10. Before the expiration of the 10th year from the date of the Patent and in respect of the 11th year
*10. Before the expiration of the 10th year from the date of the Patent and in respect of the 11th year
8
8
5
5
0
0
*11. Before the expiration of the 11th year from the date of the Patent and in respect of the 12th year
*11. Before the expiration of the 11th year from the date of the Patent and in respect of the 12th year
9
9
0
0
0
0
*12. Before the expiration of the 12th year from the date of the Patent and in respect of the 13th year
*12. Before the expiration of the 12th year from the date of the Patent and in respect of the 13th year
9
9
15
15
0
0
*13. Before the expiration of the 13th year from the date of the Patent and in respect of the 14th year
*13. Before the expiration of the 13th year from the date of the Patent and in respect of the 14th year
10
10
10
10
0
0
*14. Before the expiration of the 14th year from the date of the Patent and in respect of the 15th year
*14. Before the expiration of the 14th year from the date of the Patent and in respect of the 15th year
11
11
5
5
0
0
*15. Before the expiration of the 15th year from the date of the Patent and in respect of the 16th year
*15. Before the expiration of the 15th year from the date of the Patent and in respect of the 16th year
12
12
0
0
0
0
*One moiety only of these fees payable on Patents indorsed “Licences of right.”
B.
TRADE MARKS.
£
£
s.
s.
d.
d.
1. On application not otherwise charged to register a trade mark for one or more articles inlcluded in one class
1. On application not otherwise charged to register a trade mark for one or more articles inlcluded in one class
1
1
0
0
0
0
1a. On application not otherwise charged to register a series of trade marks for one or more articles included in one class
1a. On application not otherwise charged to register a series of trade marks for one or more articles included in one class
1
1
0
0
0
0
1b. On application under Section 123 for leave to register a mark for goods in one class
1b. On application under Section 123 for leave to register a mark for goods in one class
1
1
0
0
0
0
1c. On application under Section 123 for leave to register a mark for goods in more than one class—
1c. On application under Section 123 for leave to register a mark for goods in more than one class—
In respect of every class
In respect of every class
1
1
0
0
0
0
Total fee in no case to exceed £20 for any number of classes.
Total fee in no case to exceed £20 for any number of classes.
2. For registration of a trade mark for one or more articles included in one class
2. For registration of a trade mark for one or more articles included in one class
2
2
0
0
0
0
2a. For registration of a series of marks for one or more articles included in one class—
2a. For registration of a series of marks for one or more articles included in one class—
For the first mark
For the first mark
2
2
0
0
0
0
And for every other mark of the series
And for every other mark of the series
0
0
5
5
0
0
2b. For registration under Section 123 of a mark for goods in more than one class—
2b. For registration under Section 123 of a mark for goods in more than one class—
In respect of every class
In respect of every class
2
2
0
0
0
0
Total fee in no case to exceed £40 for any number of classes.
Total fee in no case to exceed £40 for any number of classes.
3. For renewal of registration of a mark at expiration of last registration
3. For renewal of registration of a mark at expiration of last registration
2
2
0
0
0
0
3a. For renewal of registration of a series of marks at the expiration of last registration—
3a. For renewal of registration of a series of marks at the expiration of last registration—
For the first mark of the series
For the first mark of the series
2
2
0
0
0
0
And for every other mark of the series
And for every other mark of the series
0
0
2
2
6
6
3b. For renewal of a mark registered under Section 123 for goods in more than one class.—
3b. For renewal of a mark registered under Section 123 for goods in more than one class.—
In respect of every class
In respect of every class
2
2
0
0
0
0
Total fee in no case to exceed £40 for any number of classes.
Total fee in no case to exceed £40 for any number of classes.
C.
DESIGNS.
£
£
s.
s.
d.
d.
1. On application to register one design to be applied to a single article in a class
1. On application to register one design to be applied to a single article in a class
0
0
10
10
0
0
2. On application to register one design to be applied to a set of articles in a class
2. On application to register one design to be applied to a set of articles in a class
1
1
0
0
0
0
Commencement of Act.
Commencement of Act.
2
2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Executive Council, either generally or with reference to any particular Part of this Act, and different days may be fixed for the commencement of different Parts of this Act, but so that no such day be later than six months after the passing of this Act.
Definitions.
Definitions.
3
3.—In this Act—
the word “patent” means letters patent for an invention;
the expression “British patent” means a patent granted by the Patent Office in London;
the word “patentee” means the person for the time being entered on the register as the grantee or proprietor of the patent;
the word “invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, and includes an alleged invention;
subject to the provisions of this Act, the words “inventor” and “applicant” respectively include the legal representative of a deceased inventor or applicant;
the word “design” means only the features of shape, configuration, pattern, or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction, or anything which is in substance a mere mechanical device;
the word “article” means (as respects designs) any article of manufacture and any substance artificial or natural or partly artificial and partly natural;
the word “copyright” when used in relation to a design registered under Part III. of this Act means the exclusive right to apply the design to any article in any class in which the design is registered;
the expression “proprietor of a new or original design”—
(a) where the author of the design, for good consideration, executes the design for some other person, means the person for whom the design is so executed, and
(b) where any person acquires the design or the right to apply the design to any article either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired, and
(c) in any other case means the author of the design,
and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person;
the expression “working on a commercial scale” means the manufacture of the article or the carrying on of the process described and claimed in a specification for a patent in or by means of a definite and substantial establishment or organisation, and on a scale which is adequate and reasonable in all the circumstances;
the word “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof;
the expression “trade mark” means a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale;
the word “controller” means the Controller of Industrial and Commercial Property appointed under this Act;
the expression “the Office” means the Industrial and Commercial Property Registration Office established pursuant to this Act;
the word “Journal” means the Official Journal of Industrial and Commercial Property issued by the controller pursuant to this Act;
the expression “the register” means the appropriate register kept pursuant to this Act;
the expression “British register” means the appropriate register kept in the Patent Office in London pursuant to the statutes relating to that Office;
the expression “Patent Office in London” means the office in London called the Patent Office and maintained under the statutes relating to the granting of patents for inventions and the registration of designs and trade marks in the late United Kingdom and in Great Britain;
the expression “late United Kingdom” means the late United Kingdom of Great Britain and Ireland;
the expression “self-governing British dominions” means and includes the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland;
the expression “British dominions” includes Great Britain and Northern Ireland and (save where the context otherwise requires) the self-governing British dominions;
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “Law Officer” means the Attorney-General of Saorstát Eireann;
the word “prescribed” means prescribed by general rules made under this Act;
the word “court” means the High Court of Justice in Saorstát Eireann.
Repeals.
Repeals.
4
4.—The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.