IE
S.I. No. 411/2004 - District Court (Intellectual Property) Rules 2004
Table of Provisions (6)
Statutory Text (6 Articles)
1. An application to the Court in or by way of a civil proceeding for the delivery up of an infringing article, copy, or device under section 131 or of an illicit recording, article or device under
section 255
of the
Copyright and Related Rights Act, 2000
or of an infringing product or article under
section 61
of the
Industrial Designs Act, 2001
may be made ex parte to any sitting of the District Court for the Court District wherein it is believed that such infringing, articles, copies or devices are in the possession, custody of control of any person. Such application may be grounded upon an information on oath and in writing by or on behalf of the copyright owner or a person having rights conferred by Part III of the Act of 2000 or the registered proprietor or his or its authorised representative. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.
2. The Court may adjourn such application and direct that person against whom such Order is sought be served with notice of such application in the Form 99C.1, Schedule C. by delivery by hand or by prepaid registered post, on the respondent thereto and on any other person directed by the Court to be served with such notice. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable.
3. An Order made on such application, whether ex parte or inter partes, shall be in the Form 99C.2, Schedule C.
4. An application to the Court in or by way of a civil proceeding for the forfeiture or disposal of an infringing copy, article or, device under section 145 or of an illicit recording, article or device under section 264 of the Act of 2000 or of an infringing product or article under section 72 of the Act of 2001 shall be in the Form 99C.3, Schedule C and shall be served by the applicant, by delivery by hand or by prepaid registered post, on the respondent thereto, on the respondent, on any other person appearing to have an interest in the goods, materials, articles, copies, devices or products concerned and on any other person directed by the Court to be served. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, recordings, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.
5. An Order of the Court on such application shall be in the Form 99C.4, Schedule C”.
5 The Forms numbered 31B.1 to 31B.9 inclusive in Schedule 1 hereof and the Forms numbered 34.30 to 34.32 inclusive in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 (
S.I. No. 93 of 1997
). The Forms numbered 99C.1 to 99C.4 inclusive in Schedule 3 hereof shall be added to the Forms in Schedule C of the said District Court Rules, 1997.
SCHEDULE 1
Schedule 1
No. 31B.1
TRADE MARKS ACT, 1996 Section 25(1)
OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS
District Court Area of
District No.
WHEREAS on the application before me on this day of ............................................................ .............. of ............................................................ ............................................................ ...................................
I AM SATISFIED THAT there are reasonable grounds for believing that
infringing goods, material or articles within the meaning of the said Act of 1996are in the possession, custody or control of a person [namely,.............. of ................................................] in the court (area and) district aforesaid in the course of business or for the purpose of dealing in any way
IT IS ORDERED THAT .........................., of
a member of the Garda Siochana
BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following goods, materials or articles, namely
And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.
Dated this day of 20 .
Signed .............................................
Judge of the District Court
To the Superintendent of the Garda Siochana:............................................................ .....
at
[* delete as appropriate]
Schedule 1
No. 31 B.2
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 132(1)
OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS
District Court Area of
District No.
WHEREAS on the application before me on this day of ............................................................ .................. of
............................................................ ............................................being the owner of copyright in a work
I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed [by a person namely................... of ............................................................ ..]
*infringing copies of a work,
*articles specifically designed or adapted for making copies of a work (which articles such person knows or has reason to believe has been or is to be used for making infringing copies of a work) or
*protection-defeating devices, within the meaning of the said Act of 2000
IT IS ORDERED THAT............................................................ ................................., of
a member of the Garda Siochana
BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following copies, articles or devices, namely
And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.
Dated this day of 20 .
Signed ..........................................
Judge of the District Court
To the Superintendent of the Garda Siochana:............................................................ ...........
at
[* delete as appropriate]
Schedule 1
No. 31B.3
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 256(1)
OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS
District
Court
Area
of
District No.
WHEREAS on the application before me on this day of
......................................................of...
............................................................ ............................................................ ................................................... being the owner of rights in a performance conferred by Part III of the abovementioned Act of 2000
I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed [by a person namely,.................... of ............................................................ .....]
*illicit recordings of a performance
* articles specifically designed or adapted for making recordings of a performance which such the person hawking, carrying about or marketing those articles knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance
*protection-defeating devices
within the meaning of the said Act of 2000
IT IS ORDERED THAT ............................................................ .................................................of
a member of the Garda
Siochana
BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following recordings, articles or devices, namely
And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.
Dated this day of 20 .
Signed
..............................................
Judge of the District
Court
To the Superintendent of the Garda Siochana:............................................................ .............
at
[* delete as appropriate]
Schedule 1
No. 31B.4
INDUSTRIAL DESIGNS ACT, 2001, Section 62(1)
OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS
District
Court
Area
of
District No.
WHEREAS on the application before me on this day of
......................................................of...
............................................................ ............................................................ .............................................[being the registered proprietor of an industrial design
I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed infringing products or articles within the meaning of the said Act of 2001 infringing or calculated or likely to infringe the design right the above-named registered owner]
IT IS ORDERED THAT ............................................................ ...................................................of
a member of the
Garda Siochana accompanied by such other members of the Garda Siochana or other person or persons as that member thinks proper BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following products or articles, namely
And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.
Dated this day of 20 .
Signed
............................................
Judge of the District
Court
To the Superintendent of the Garda Siochana:............................................................ ........................
at
[* delete as appropriate]
Schedule 1
No. 31B.5
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 142
ORDER FOR DELIVERY UP
District
Court
Area
of
District No.
A.B,
............................................................ ............................................................ ...............................................
...
Prosecutor
C.D,............................................................ ............................................................ .............................................
.......
Accused
WHERAS the said accused, has been
*charged with an offence
*convicted of an offence
contrary to the
Copyright and Related Rights Act, 2000
AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said ............................................... was *arrested *charged with the said offence(s)he had in his/her possession, custody or control
*(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy (within the meaning of section 44 of the said Act of 2000) or
*(b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or
*(c) a protection-defeating device, within the meaning of section 2 of the said Act of 2000, namely
IT IS ORDERED that the said infringing *copy *article *device be delivered up to of ............................................................ ................................. *[being the copyright owner]
AND IT IS ORDERED THAT SAID *COPY *ARTICLE *DEVICE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER SECTION 145 OF THE ACT OF 2000 OR OF A DECISION NOT TO MAKE SUCH ORDER.
Dated this day of 20 .
Signed
..........................................
Judge of the District
Court
[* delete as appropriate]
Schedule 1
No. 31B.6
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 260
ORDER FOR DELIVERY UP
District
Court
Area
of
District No.
A.B,
............................................................ ............................................................ ...............................................
...
Prosecutor
C.D,............................................................ ............................................................ .............................................
.......
Accused
WHERAS the said accused, has been
*charged with an offence
*convicted of an offence
contrary to
the Copyright and Related Rights Act, 2000
AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said .................... was *arrested *charged with the said offence (s)he had in his/her possession, custody or control
*(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording (within the meaning of section 210 of the said Act of 2000) or
*(b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illicit recordings, or
*(c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000
namely
IT IS ORDERED that the said illicit *recording *article device be delivered up to of ............................................................ ......................................... being the rightsowner]
AND IT IS ORDERED THAT SAID *RECORDING *ARTICLE *DEVICE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER SECTION 264 OF THE ACT OF 2000 OR OF A DECISION NOT TO MAKE SUCH ORDER.
Dated this day of 20 .
Signed
............................................
Judge of the District
Court
[* delete as appropriate]
Schedule 1
No. 31B.7
INDUSTRIAL DESIGNS ACT, 2001, Section 69
ORDER FOR DELIVERY UP
District Court Area of
District No.
No.
A.B, ............................................................ ............................................................ .....................................
Prosecutor
C.D,............................................................ ............................................................ .....................................
Accused
WHERAS the said accused, has been
*charged with
*convicted of
an offence contrary to the
Industrial Designs Act, 2001
AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said ................ was *arrested *charged with the said offence(s)he had in his/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, each within the meaning of section 54 of the said Act of 2001, namely
IT IS ORDERED that the said infringing *product *article be delivered up to ...................of ......
............................................................ ........................................................[being the *registered proprietor of the design]
AND IT IS ORDERED THAT SAID *PRODUCT *ARTICLE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER *SECTION 72 OF THE ACT OF 2001 OR OF A DECISION NOT TO MAKE SUCH ORDER.
Dated this day of 20 .
Signed ............................................
Judge of the District Court
[* delete as appropriate]
Schedule 1
No. 31B.8
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264
INDUSTRIAL DESIGNS ACT, 2001, Section 72
NOTICE OF APPLICATION FOR FORFEITURE/ DISPOSAL
District Court Area of
District
No.
*A.B,
............................................................ ............................................................ ........................................
Prosecutor
C.D,............................................................ ............................................................ .......................................
Accused
WHERAS goods, namely
Which you have had in your possession, custody or control or in which you may have or claim a right or interest have been *delivered up *seized and detained under the provisions of said Act
TAKE NOTICE that application will be made to the sitting of the District Court to be held at on the day of at am/pm for an order that the said goods be forfeited or destroyed or otherwise dealt with.
Dated this day of 20 .
Signed _________________
Prosecutor
To: The Clerk of the District Court
At
And to
And to
[* delete as appropriate]
Schedule 1
No. 31B.9
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264
INDUSTRIAL DESIGNS ACT, 2001, Section 72
ORDER FOR FORFEITURE/ DISPOSAL
District Court Area of
District
No.
A.B, ............................................................ ............................................................ ...................................................
Prosecutor
C.D,............................................................ ............................................................ .......................................
Accused
WHERAS ON APPLICATION OF made under
*
section 145
of the
Copyright and Related Rights Act, 2000
*
section 264
of the
Copyright and Related Rights Act, 2000
*
section 72
of the
Industrial Designs Act, 2001
]
n respect of goods *delivered up *seized and detained under the provisions of said Act, namely
AND HAVING HEARD all persons appearing before the Court appearing to have an interest in said goods
IT IS ORDERED that said goods be
* delivered to and forfeited absolutely up to........................................
of.................................
............................................[being the *copyright owner /rightsowner/*registered proprietor of the design]
*delivered to and destroyed by and under the supervision of the Superintendent of the Garda Siochana at
*dealt with by [
e.g. by sale of them and distribution of the proceeds of sale among the persons appearing to the Court to be interested in them, in the following proportions
]
THIS ORDER shall not take effect before the expiry of the time within notice of appeal herefrom may be given by any person and, if any such appeal is taken, before the determination of any such appeal.
Dated this day of 20 .
Signed ...............................................
Judge of the District Court
[* delete as appropriate]
SCHEDULE 2
Schedule 2
34.30
TRADE MARKS ACT, 1996 Section 25(2)
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 143 and Section 261
INDUSTRIAL DESIGNS ACT, 2001, Section 70
INFORMATION FOR WARRANT
District Court Area of
District No.
THE INFORMATION of ............................................................ ..............
of ............................................................ ...................................................
Who says on oath-
I am a member of the Garda Siochana.
I believe that there are reasonable grounds
[for suspecting that infringing goods, materials or articles (within the meaning of
section 21
of the
Trade Marks Act, 1996
) are on the premises at ............................................................ ..............
............................................................ ........................................., in the court (area and) district aforesaid, in the course of business or otherwise for the purpose of dealing in any way.]
OR
[for suspecting that an offence under
*
section 140
of the
Copyright and Related Rights Act, 2000
*
section 258
of the
Copyright and Related Rights Act, 2000
*
section 66
of the
Industrial Designs Act, 2001
has been, or is about to be, committed in, on or at the premises or place hereinafter described and that evidence that such an offence has been, or is about to be, committed is in, on ar at those premises or that place, namely ............................................................ ............................................................ ......., in the court (area and) district aforesaid,]
The basis for my so believing is as follows:-
And I hereby apply for the issue of a warrant under
*
section 25
(2) of the
Trade Marks Act, 1996
in respect of those premises
*section 143 *
section 261
of the
Copyright and Related Rights Act, 2000
in respect of those premises or that place
*
section 70
of the
Industrial Designs Act, 2001
in respect of those premises or that place.
Signed............................................................ ...............
[* delete as appropriate]
Informant
SWORN before me this day of 20
Signed ....................................................
Judge of the District Court
Schedule 2
No. 34.31
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 143 and Section 261
INDUSTRIAL DESIGNS ACT, 2001, Section 70
WARRANT
District Court Area of
District
No.
WHEREAS from the information on oath and in writing sworn before me on this day, by
......................................................
of............................................................ ............................................................ ..........................................
a member of the Garda Siochana, I AM SATISFIED THAT there are reasonable grounds for suspecting that an offence under
*
section 140
of the
Copyright and Related Rights Act, 2000
*
section 258
of the
Copyright and Related Rights Act, 2000
*
section 66
of the
Industrial Designs Act, 2001
has been, or is about to be, committed in, on or at the premises or place hereinafter described and that evidence that such an offence has been, or is about to be, committed is in, on ar at those premises or that place, namely
............................................................ ............................................................ ................. in the court (area and) district aforesaid,
THIS IS TO AUTHORISE ............................................................ ..............................,
of
a member of the Garda Siochana, accompanied by such other members of the Garda Siochana and/or such other person(s) as (s)he thinks proper at any time or times, within twenty eight days from the date hereof, on production if so requested of this warrant,
(1) TO ENTER, if necessary by reasonable force and SEARCH the above-mentioned premises or place in the said court (area and) district,
(2) TO SEIZE [*any copies of any works, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence under section 140 of the said Act of 2000] [*any copies of any recordings, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence under section 258 of the said Act of 2000] [*any products or articles in respect of which he or she has reasonable grounds for suspecting that an offence under section 66 of the said Act of 2001] has been or is about to be committed
(3) TO MAKE an inventory or prepare other evidence of infringement of [*copyright or potential infringement of copyright] [*any right conferred by Part III of the Act of 2000] [*design right or potential infringement of design right]
(4) 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 the said Act
(5) TO REQUIRE any person found there to give his or her name and address.
And without prejudice to the generality of the foregoing, said memeber may be accompanied by ......................... being.[the designated representative of] the *owner of copyright *rightsowner *registered proprietor of the design right suspected to have been or to be about to be infringed, who is hereby authorised to accompany and assist said member in executing this warrant or in collating any inventory made or other evidence prepared hereunder.
Dated this day of 20 .
Signed .............................................
Judge of the District Court
To the Superintendent of the Garda Siochana:............................................................ .................
at
[* delete as appropriate]
Schedule 2
No. 34.32
TRADE MARKS ACT, 1996 Section 25(2)
WARRANT
District Court Area of
District
No.
WHEREAS from the information on oath and in sworn before me on this day, by
...................................................
of............................................................ ............................................................ ...................................
a member of the Garda Siochana, I AM SATISFIED THAT there are reasonable grounds for suspecting that infringing goods, materials or articles (within the meaning of
section 21
of the
Trade Marks Act, 1996
) are on the premises at............................................................ .......................................................
............................................................ ............... in the court (area and) district aforesaid, in the course of business or otherwise for the purpose of dealing in any way.
THIS IS TO AUTHORISE ............................................................ ............................,
of
a member of the Garda Siochana not below the rank of inspector, accompanied by such other members of the Garda Siochana as (s)he thinks necessary, at any time or times, within one month from the date hereof, on production if so requested of this warrant,
TO ENTER, if need be by force on the above-mentioned premises in the said court (area and) district,
TO SEIZE any such goods, materials or articles and bring them before a sitting of this Court for the court (area and) district where the goods, materials or articles are seized
Dated this day of 20 .
Signed .............................................
Judge of the District Court
To the Superintendent of the Garda Siochana:............................................................ .................
at
[* delete as appropriate]
Schedule 3
No. 99C.1
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 131 and Section 255
INDUSTRIAL DESIGNS ACT, 2001, Section 61
NOTICE OF APPLICATION FOR ORDER FOR DELIVERY UP
District Court Area of
District
No.
A.B, ............................................................ ............................................................ ..........................................
Applicant
C.D,............................................................ ............................................................ ......................................
Respondent
TAKE NOTICE THAT the above-named applicant intends to apply to the sitting of the District Court to be held at on the day of at am/pm for an order that
*articles *copies *devices *recordings *products in your possession, custody or control infringing the right of the applicant as the *copyright owner in a work *owner of rights in a performance *registered proprietor of a design, namely
be delivered up to
of ............................................................ .....................................................
to be retained by him/her pending the making by the Court of a final order under *section 145 *section 264 of the Act of 2000 *section 72 of the Act of 2001 or of a decision not to make such order.
Dated this day of 20 .
Signed _____________________________
Applicant/Solicitor for the Applicant
[* delete as appropriate]
Schedule 3
No. 99C.2
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 131 and Section 255
INDUSTRIAL DESIGNS ACT, 2001, Section 61
ORDER FOR DELIVERY UP
District Court Area of
District
No.
A.B, ............................................................ ............................................................ ..........................................
Plaintiff/Applicant
[C.D,............................................................ ............................................................ ......................................
Defendant/Respondent]
WHERAS on the application of the above-named A.B., [and having heard said C.D.]
I AM SATISFIED that the said defendant/respondent C.D. has in his/her possession, custody or control
[*(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy (within the meaning of section 44 of the said Act of 2000) or (b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or (c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000]
[*(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording (within the meaning of section 210 of the said Act of 2000) or (b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illicit recordings, or (c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000]
[* (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, each within the meaning of section 54 of the said Act of 2001], namely
IT IS ORDERED that the said infringing *article *copy *device *recording *product be delivered up to
of............................................................ ............................................................ ...........................[being the *copyright owner *owner of rights in the performance *registered proprietor of the design]
AND IT IS ORDERED THAT SAID *ARTICLE *COPY *DEVICE *PRODUCT BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER *SECTION 145 *SECTION 264 OF THE ACT OF 2000 *SECTION 72 OF THE ACT OF 2001 OR OF A DECISION NOT TO MAKE SUCH ORDER.
Dated this day of 20 .
Signed ...............................................
Judge of the District Court
[* delete as appropriate]
Schedule 1
No. 99C.3
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264
INDUSTRIAL DESIGNS ACT, 2001, Section 72
NOTICE OF APPLICATION FOR FORFEITURE/ DISPOSAL
District Court Area of
District
No.
[A.B, ............................................................ ............................................................ ................................................
Plaintiff / Applicant
C.D,............................................................ ............................................................ .................................
Defendant/Respondent]
WHERAS goods, namely
Which you have had in your possession, custody or control or in which you may have or claim a right or interest have been *delivered up *seized and detained under the provisions of said Act
TAKE NOTICE that application will be made to the sitting of the District Court to be held at on the day of at am/pm for an order that the said goods be forfeited or destroyed or otherwise dealt with.
Dated this day of 20
Signed ___________________
Applicant/Solicitor for the applicant
To: The Clerk of the District Court
At
And to
And to
[* delete as appropriate]
Schedule 1
No. 99C.4
COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264
INDUSTRIAL DESIGNS ACT, 2001, Section 72
ORDER FOR FORFEITURE/ DISPOSAL
District Court Area of
District
No.
[A.B, ............................................................ ............................................................ ...............................................
Plaintiff / Applicant
C.D,............................................................ ............................................................ .................................
Defendant/Respondent]
WHERAS ON APPLICATION OF made under [*section 145
*
section 264
of the
Copyright and Related Rights Act, 2000
] [*
section 72
of the
Industrial Designs Act, 2001
] in respect of goods *delivered up *seized and detained under the provisions of said Act, namely
AND HAVING HEARD all persons appearing before the Court appearing to have an interest in said goods
IT IS ORDERED that said goods be
[* delivered to and forfeited absolutely up to
of............................................................ ............................................................ ...........................[being the *registered proprietor of the design *owner of rights in the performance *copyright owner]
[*delivered to and destroyed by and under the supervision of the Superintendent of the Garda Siochana at
]
[*dealt with by [
e.g. by sale of them and distribution of the proceeds of sale among the persons appearing to the Court to be interested in them, in the following proportions
]]
THIS ORDER shall not take effect before the expiry of the time within notice of appeal herefrom may be given by any person and, if any such appeal is taken, before the determination of any such appeal.
Dated this day of 20 .
Signed ...............................................
Judge of the District Court
[* delete as appropriate]
Given this 19th day of January 2004
Peter Smithwick
Chairman
Uinsin Mac Gruairc
John P Brophy
Thomas E O'Donnell
Mary C Devins
Sean McMullin
Hugh O'Neill
Noel Rubotham
Elizabeth Hughes
Secretary
I concur in the making of the foregoing rules
Dated this 30th day of June 2004
Michael McDowell
L S
Minister for Justice, Equality and Law Reform
EXPLANATORY NOTE
(This does not form part of the instrument and does not purport to be a legal interpretation)
These Rules amend the District Court Rules 1997 and lay down procedures in respect of Intellectual Property cases in the District Court.
The District Court Rules Committee, in exercise of the powers conferred on them by
section 91
of the
Courts of Justice Act, 1924
,
section 72
of the
Courts of Justice Act, 1936
,
section 17
of the
Interpretation Act, 1937
[as applied by
section 48
of the
Courts (Supplemental Provisions) Act, 1961
] and
section 34
of the
Courts (Supplemental Provisions) Act, 1961
, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-