Controller of Patents v Ireland
Jurisdiction | Ireland |
Court | Supreme Court |
Judge | Keane C.J. |
Judgment Date | 19 November 2001 |
Docket Number | [1998 8283 P and S.C. Nos. 241 of 1998 and 133 of 1999] |
Date | 19 November 2001 |
2001 WJSC-SC 780
Keane C.J.
Denham J.
Murphy J.
McGuinness J.
Fennelly J.
THE SUPREME COURT
Synopsis:
PRACTICE AND PROCEDURE
Discovery
Evidence - Relevance - Material sought inadmissible -Separation of powers - Statutory interpretation - Whether debates of Oireachtas admissible in construing legislation - Whether order of discovery against Government should be ordered (241/1998; 133/1999 - Supreme Court - 19/11/01)
Controller of Patents, Designs and Trade Marks v Ireland - [2001] 4 IR 245
Facts: The plaintiff had sought an injunction restraining the Minister from bringing into force certain provisions of the Intellectual Property (Miscellaneous Provisions) Act, 1998. The plaintiff had also sought discovery of documentation in relation to the preparation, drafting and amendments concerning the Copyright (Amendment) Bill, 1998 (now known as the Intellectual Property (Miscellaneous Provisions) Act, 1998. The plaintiff claimed that the Act in question unlawfully and unconstitutionally interfered with proceedings which he had already brought into being. The plaintiff also claimed that the Act unlawfully and unconstitutionally interfered with his position as the Controller and the conditions of his employment. Mr. Justice Kelly in the High Court declined to make the orders sought and the plaintiff appealed in respect of the failure to order discovery. On behalf of the plaintiff it was conceded that the application to restrain the Minister from implementing the Act was now moot and was not being pursued.
Held by the Supreme Court (Keane C.J. delivering judgment, Denham J., Murphy J., McGuinness J. and Fennelly J. agreeing) in dismissing the appeal. The discovery being sought could not in the slightest degree assist the plaintiff. Either the Act as passed by the Oireachtas and as signed by the President was unconstitutional for the reasons being advanced by the plaintiff or was not. The court had recently stated that it would not even entertain the citation of passages from debates in the Oireachtas with a view to ascertaining what the intention of the Government or the Executive was in introducing particular legislation. The court did not have the power to consider discussions and interviews which ministers may have had with Dáil Deputies or Senators. The plaintiff's claim was...
To continue reading
Request your trial-
Merriman v Fingal County Council
...alia, the decisions of the Supreme Court in Crilly v. T & J Farrington Ltd [2001] 3 I.R. 251 and Controller of Patents v. Ireland [2001] 4 I.R. 229. It is worth noting that the reasons why the court will not entertain argument concerning or relying upon such utterances is not because of s......
-
Callely v Moylan and Others
...427 1997/11/3508 HAUGHEY & MULHERN v MORIARTY & ORS 1999 3 IR 1 CONTROLLER OF PATENTS DESIGNS & TRADE MARKS & FITZPATRICK v IRELAND & ORS 2001 4 IR 229 TRIBUNALS OF INQUIRY (EVIDENCE) ACT 1921 MAGUIRE & ORS v ARDAGH & ORS 2002 1 IR 385 HOWLIN v MORRIS 2006 2 IR 321 CONSTITUTION ART 15 BYRN......
-
Callely v Moylan and Others
...v. Moriarty & Ors. [1999] 3 I.R. 1 ( or "Haughey") (p. 16); Controller of Patents, Designs and Trade Marks & Anor. v. Ireland & Ors. [2001] 4 I.R. 229 ( "Controller of Patents") (Kelly J. at p. 242); Maguire & Ors. v. Ardagh & Ors. [2002] 1 I.R. 385 (or "Maguire") (Divisional Court p. 41......
-
Byrne v Dublin City Council
...2 and 3 - Campus Oil v Minister for Industry (No. 2) [1983] IR 88, Ferris v Ward [1998] 2 IR 194 and Controller of Patents v Ireland [2001] 4 IR 229 applied; Dublin City Council v Fennell [2005] 1 IR 604 and Pullen v Dublin City Council [2008] IEHC 379 (Unrep, Irvine J, 12/12/2008) cons......
-
The Relevane of Constitutional Rights to the Granting of an Interlocutory Injunction
...IR 713 46 Campus Oil , supra note 11 47 Crotty, supra note 45 p.725 48 Ibid. 49 Controller of Patents, Designs and Trademarks v Ireland [2001] 4 IR 229 50 Ibid , p.236 51 Pesca Valentia , supra note 40 52 Controller of Patents, Designs and Trademarks v Ireland [2001] 4 IR 229, p.237 53 In G......