Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 29th November, 2019. | ||
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by Section 81 of the Trade Marks Act 1996 (No. 6 of 1996) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)), hereby make the following Rules: | ||
Citation and commencement. | ||
1. These Rules may be cited as the Trade Marks (Amendment) Rules 2019 and shall come into operation on 2 December 2019. | ||
Definition. | ||
2. In these Rules,- | ||
“Act” means the Trade Marks Act, 1996 (No.6 of 1996); | ||
“Principal Rules” means the Trade Marks Rules 1996 ( S.I. No. 199 of 1996 ), and (except where the context otherwise requires), a reference to a Rule is a reference to a Rule of those Rules. | ||
Amendment of Rule 51. | ||
3. Rule 51 of the Principal Rules is amended in paragraph (2)(a)(ii) by the substitution of “the appropriate court” for “the Court”. | ||
Amendment of Rule 57. | ||
4. Rule 57 of the Principal Rules is amended by- | ||
(a) the substitution of “the High Court” for “the Court” in the title of this Rule | ||
(b) the substitution of “the High Court” for “the Court”. | ||
Amendment of Rule 68. | ||
5. Rule 68 of the Principal Rules is amended by- | ||
(a) the substitution of “court” for “Court” in the title of this Rule, and | ||
(b) the substitution of “the appropriate court” for “the Court”. | ||
Amendment of Rule 69. | ||
6. Rule 69 of the Principal Rules is amended- | ||
(a) by the substitution of “court” for “Court” in the title of this Rule, and | ||
(b) in paragraph (a) by the substitution of “the appropriate court” for “the Court”. | ||
7. Schedule 3 of the Patents, Trade Marks and Designs (Fees) Rules 2001 ( S.I. No. 482 of 2001 ) is amended in reference 29 by the substitution of “the Office’s” for “the Patents Office” in both places that it occurs. | ||
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GIVEN under my Official Seal, | ||
26 November, 2019. | ||
HEATHER HUMPHREYS, | ||
Minister for Business, Enterprise and Innovation. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||
Subsequent to the changes made in relation to the courts in the Copyright and Other Intellectual Property Law Provisions Act 2019 , the amendments to Rules 51, 57, 68 and 69 provide that, IP proceedings may take place in the relevant court. | ||
Subsequent to the changes made in relation to the renaming of the Patents Office, in the Copyright and Other Intellectual Property Law Provisions Act 2019 , the amendments to Schedule 3 of SI 482 change the title of the Patents Office to the Office. |