Industrial Designs Regulations, 2002

• Jurisdiction: Ireland
• Citation: IR SI 280/2002
• Year: 2002

ARRANGEMENT OF REGULATIONS

Preliminary

Regulations 1. Citation 2. Commencement 3. Interpretation 4. Fees 5. Signature of documents 6. Filing of documents 7. Documents in a foreign language 8. Address for service

Proceedings for Registration

9. Form of application 10. Material to accompany application 11. Representations 12. Amended application 13. Procedure to be followed on notification of particulars affecting an application for registration 14. Deemed abandonment of applications 15. Classification 16. Filing date 17. Claiming Priority 18. Certificates for use in obtaining registration outside the State 19. Multiple applications 20. Divisional applications 21. Examination of grounds for non-registrability

Register of designs

22. Register of Designs 23. Certificate of registration 24. Publication of registration 25. Deferment of publication 26. Rectification of the Register 27. Change of name or address 28. Adaptation of entries to new classification 29. Correction of errors by the Controller 30. Inspection of the Register 31. Right to information 32. Registration and publication of assignments, licences etc.

Renewal, Restoration and Surrender

33. Reminder of renewal 34. Renewal of design right 35. Restoration of design right 36. Surrender of design right

Proceedings before the Controller

37. Invalidation Proceedings 38. Application for compulsory licence 39. Hearings 40. Evidence before the Controller 41. Notice of Decision on Hearing 42. Time limit for request for written grounds of decision 43. Security for costs 44. General power to enlarge time 45. Form of statutory declaration 46. Statutory declaration made outside the State 47. Notice of seal of officer taking declaration to prove itself 48. Application to Court 49. Order of Court

Miscellaneous

50. Excluded days 51. Power to dispense with evidence, signature etc 52. General power of amendment 53. Conversion of applications under the Industrial and Commercial Property (Protection) Acts 1927 to 1958

Schedule 1

Fees payable

Schedule 2

Forms

S.I. No. 280 of 2002

INDUSTRIAL DESIGNS REGULATIONS 2002

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 9 (1), 9 (2), 9 (3), 20 (1), 22 (4), 23 , 24 (1), 25 27 (1), 30 (1), 30 (2), 31 (1), 32 , 33 (4), 36 (1), 38 (1), 39 (1), 41 (1), 41 (2), 41 (3), 43 (2) 43 (3), 44 (1), 44 (5), 46 (2) and 85 of, and paragraph 3 of the First Schedule to, the Industrial Designs Act 2001 (No. 39 of 2001) and insofar as these regulations relate to fees, with the consent of the Minister for Finance, hereby make the following regulations:

Preliminary 1. Citation

These Regulations may be cited as the Industrial Designs Regulations 2002. 2. Commencement

These Regulations shall come into operation on the first day of July, 2002. 3. Interpretation

In these Regulations, unless the context otherwise requires -

(1) “Court” means the High Court;

“Journal” means the Patents Office Journal;

“Locarno system of International Classification” means the Locarno system of International Classification for Industrial Designs signed at Locarno on October 8 1968, and as amended from time to time;

“Office” means the Patents Office;

“Principal Act” means the Industrial Designs Act 2001 ;

“publish” or “published” means publish or published in the Patents Office Journal;

“registered patent agent” has the meaning assigned to it by section 88 of the Principal Act;

“registered trade mark agent” has the meaning assigned to it by section 88 of the Principal Act.

(2) A reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

(3) A reference to a Regulation or a Schedule is a reference to a Regulation of or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulation or Schedule is intended. 4. Fees

(1) The fees to be paid in relation to any item set out in column (2) at a reference number in column (1) in Schedule 1 shall be the fee set out in column (3) opposite that reference.

(2) Payment of a fee or fees shall be made by any method which is acceptable to the Controller.

(3) A request for the remission of the whole or part of any fee properly paid shall be made in writing. No appeal shall lie from any decision of the Controller in respect of such a request.

(4) Fees shall be paid in the currency of the State.

(5) A single payment may be made to include 2 or more prescribed fees. 5. Signature of documents

(1) This Regulation applies to any notice, application or other document required or authorised under the Principal Act or these Regulations to be given, made or filed at the Office and such a notice, application or other document is referred to in the following paragraphs as “a document”.

(2) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners, or by any partner authorised to sign on behalf of the partnership, or by any other person who satisfies the Controller that he or she is authorised to sign the document.

(3) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or the secretary of the body corporate or by any other person who satisfies the Controller that he or she is authorised to sign the document.

(4) A document purporting to be signed for or on behalf of an unincorporated body (not being a partnership) may be signed by any person who satisfies the Controller that he or she is duly authorised to sign it. 6. Filing of documents

(1) (a) Any notice, application, or other document authorised or required under the Principal Act or these Regulations to be delivered to the Controller or any other person may be sent by post.

(b) In proving the sending it shall be sufficient to prove that the letter was properly addressed, prepaid (when requisite) and posted.

(2) The Controller may at his or her discretion allow submission of a notice or other document by other means subject to such terms or conditions as may be determined by him or her and published. 7. Documents in a foreign language

(1) Where a document or part thereof which is in a foreign language is sent to the Controller in connection with any proceedings under the Principal Act or these Regulations, a translation into a language of the State verified to the satisfaction of the Controller shall also be furnished to the Controller.

(2) Where more than one copy of a document referred to in paragraph (1) is required to be filed a corresponding number of the copies of the translation shall accompany it.

(3) The Controller may refuse to accept any translation which is in his or her opinion inaccurate and thereupon another translation verified as aforesaid shall be furnished to the Controller, together with the appropriate number of copies thereof.

(4) A document referred to in paragraph (1) shall be deemed not to have been furnished to the Controller until a translation thereof, acceptable to the Controller, has also been furnished to him or her. 8. Address for service

(1) A person concerned with any proceeding before the Controller under the Principal Act or these Regulations and every registered proprietor of a design shall give to the Controller an address for service in the State and that address may for all purposes under the Principal Act and these Regulations be treated as the address of the person who has furnished it and a letter addressed to such person or proprietor at his or her address for service shall be deemed to be properly addressed.

(2) For the purposes of this Regulation, in a case where the person or registered proprietor concerned desires that the address for service shall consist of the address of an agent who is a registered patent agent or registered trade mark agent, the Controller may accept an address for service comprising the name of the agent so registered followed by a statement in the following terms:

(a) “at his or her address as recorded for the time being in the Register of Patent Agents” or,

(b) “at his or her address as recorded for the time being in the Register of Trade Mark Agents”,

as appropriate.

(3) Where an address for service has not been given as required under paragraph (1) the Controller shall send the person concerned notice to file an address for service within 2 months of the date of the notice and where that person fails to do so-

(a) in the case of an applicant under section 20, 34, 37 or 47 of the Principal Act, the application shall be treated as abandoned;

(b) in the case of a registered proprietor of a design which is the subject of an application made under section 34, 37 or 47 of the Principal Act the registered proprietor shall not be permitted to take part in the proceedings.

Proceedings for Registration 9. Form of application

Form Nos. 1 and 1A set out in Schedule 2 are prescribed as the forms for the purposes of section 20 of the Principal Act. 10. Material to accompany application

There shall be furnished with an application for the registration of a design-

(a) a representation of the design,

(b) the fee set out in Schedule 1 or evidence of payment thereof. 11. Representations

(1) Subject to paragraph (4), a representation of a...