S.I. No. 22/1959 - Patents, Designs and Trade Marks (International Arrangements) Order, 1959.
Statutory Text (5 Articles)
1. This Order may be cited as the Patents, Designs and Trade Marks (International Arrangements) Order, 1959.
2. The
Interpretation Act, 1937
(No. 38 of 1937), applies to this Order.
3. The provisions of
section 152
of the
Industrial and Commercial Property (Protection) Act, 1927
(No. 16 of 1927), as amended by
section 7
of the
Industrial and Commercial Property (Protection) (Amendment) Act, 1957
(No. 13 of 1957), shall apply to the several foreign states specified in the First Schedule to this Order.
4. The Orders specified in the Second Schedule to this Order are hereby revoked.
FIRST SCHEDULE.
Australia
Liechtenstein
Austria
Luxembourg
Belgium
Mexico
Brazil
Monaco
Bulgaria
Morocco
Canada
Netherlands
Ceylon
New Zealand
Cuba
Norway
Czechoslovakia
Poland
Denmark
Portugal
Dominican Republic
Federation of Rhodesia and Nyasaland
Finland
France
Rumania
Federal Republic of Germany
Spain
Great Britain
Sweden
Greece
Switzerland
Haiti
Tunisia
Hungary
Turkey
Indonesia
Union of South Africa
Israel
United Arab Republic
Italy
United States of America
Japan
Vietnam
Lebanon
Yugoslavia
SECOND SCHEDULE.
ORDERS REVOKED.
Number and Year of the Statutory Rules and Orders and of the Statutory Instrument
Title
No. 27 of 1928
Patents, Designs and Trade Marks (United Kingdom) Order, 1928.
No. 28 of 1928
Patents, Designs and Trade Marks (International Convention) Order, 1928.
No. 46 of 1928
Patents and Designs (South Africa and British India) Order, 1928.
No. 47 of 1928
Patents, Designs and Trade Marks (Canada) Order, 1928.
No. 48 of 1928
Patents, Designs and Trade Marks (New Zealand) Order, 1928.
No. 75 of 1928
Patents, Designs and Trade Marks (Spanish Morocco) Order, 1928.
No. 256 of 1956
Patents, Designs and Trade Marks (Commonwealth of Australia) Order, 1956.
GIVEN under the Official Seal of the Government, this 13th day of February, 1959.
SEÁN F. LEMASS,
Tánaiste.
EXPLANATORY NOTE.
This Order applies the provisions of
Section 152
of the
Industrial and Commercial Property (Protection) Act, 1927
, as amended, (which provides for the granting of priority to a person who has applied for protection for any invention, design or trade mark in a foreign state) to the states listed in the Schedule. These are the states which, with Ireland, are bound by the International Convention for the protection of Industrial Property. All previous Orders made under the Section are revoked.
S.I. No. 22 of 1959.
PATENTS, DESIGNS AND TRADE MARKS (INTERNATIONAL ARRANGEMENTS) ORDER, 1959.
WHEREAS by
section 152
of the
Industrial and Commercial Property (Protection) Act, 1927
(No. 16 of 1927), provision is made for the mutual protection of inventions, designs and trade marks as between the State and any foreign state with the government of which an arrangement binding on the State has been made for such mutual protection but by subsection (5) of that section, as adapted by
section 2
of the
Executive Powers (Consequential Provisions) Act, 1937
(No. 20 of 1937), it is enacted that the provisions of that section shall apply only in the case of those foreign states with respect to which the Government by order declares them to be applicable
AND WHEREAS the foreign states specified in the First Schedule hereto are parties to or have acceded to the International Convention for the Protection of Industrial Property signed at Paris on the 20th day of March, 1883, and revised at Brussels on the 14th day of December, 1900, at Washington on the 2nd day of June, 1911, at The Hague on the 6th day of November, 1925, and at London on the 2nd day of June, 1934
AND WHEREAS the State has acceded to the said International Convention and it is therefore expedient that the provisions of the said section 152, as amended, should be applied to the said foreign states specified in the First Schedule hereto
NOW, the Government, in exercise of the powers conferred on them by subsection (5) of
section 152
of the
Industrial and Commercial Property (Protection) Act, 1927
(No. 16 of 1927), as adapted by
section 2
of the
Executive Powers (Consequential Provisions) Act, 1937
(No. 20 of 1937), hereby order as follows