AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

) Droit national
IRLANDE
– Industrial and Commercial Property (Protection) Act 1927
– Companies Act 1963
– Registration of Business Names Act 1963
– Trade Marks Rules 1963
– Merchandise Marks (Restriction on Sale of Imported Jewellery) Order 1971
– Consumer Information Act 1978
– Trade Marks Act 1996
– Principles of common law
c) Droit régional
None. The Republic of Ireland is a unitary State.
3. Mise en œuvre de la législation
a) Qui intervient?
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni).
b) Qui demande une intervention?
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni), but with the following specificities:
– no special provision is made by Irish law for the protection of arms held by virtue of
royal grant;
– the executive is expressly empowered to take legal action in foreign countries to
secure restraining injunctions or sanctions against persons who falsely register, use
or apply any trade marks or other marks or descriptions suggesting that goods were
grown, produced or manufactured in Ireland; Industrial and Commercial Property
(Protection) Act 1927, sec. 122 and Trade Marks Act 1996, sec. 98.
c) Etendue de la protection des signes nationaux
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni), but with the following specificities:
– no special provision is made by Irish law for the protection of royal emblems or
arms held by virtue of royal grant;
– no particular words are designated by Irish legislation as unsuitable for use as
company or business names;
– the reference to Chartered Associations should be read as referring to the Irish State
and its government departments and officials.
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