AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

d) Protection des signes nationaux
(i) National Insignia Used as Trademarks
IRLANDE
Irish law as contained in the Industrial and Commercial Property (Protection) Act 1927, the
Trade Marks Act 1996 and the Trade Marks Rules 1963 is very similar to that prevailing
under British law (refer below, to the national report entitled “Royaume-Uni), except that
royal emblems and arms are not protected as such. On the other hand, protection is afforded to
all the flags, emblems, badges and similar devices of all States, municipalities, institutions,
societies, bodies corporate and other persons, in that these will not be registered unless the
applicant for registration can satisfy the Registrar that he has obtained permission from the
person or authority that is entitled to give it. The only national insignia specifically mentioned
as protected in this context is the Irish shamrock, or clover associated by legend with St.
Patrick, which may not be registered as a word or as a graphic representation.
(ii) National Insignia Used as Company or Business Names
Under sec. 21 of the Companies Act 1963 and subsec. 14(1) of the Registration of Business
Names Act 1963, the relevant Minister may refuse the registration of “undesirable” business
or company names. No indication is given of what kind of names are “undesirable”.
(iii) Other Commercial Use of National Insignia
Irish law as contained in the Consumer Information Act 1978 is effectively the same as that
prevailing under British law (refer below, to the national report entitled “Royaume-Uni), with
respect to the misuse of false trade descriptions.
As concerns the use of origin labels, imported jewellery bearing characteristically Irish
designs or symbols may not be offered for sale in Ireland unless it bears an indication of the
foreign country in which it was made; Merchandise Marks (Restriction on Sale of Imported
Jewellery) Order 1971. Part II of the schedule to that subsidiary legislation contains an
extensive list of places, people and things which, when attention is directed to them in any
way, are considered to be characteristic of Ireland.
Irish law does not offer general protection to the names, uniforms, badges and membership
designations of public interest associations (compare the national report entitled “Royaume-
Uni, below), but does restrict commercial use of flags, emblems, badges and other devices
that are identified with the Irish State or any of its government departments or officials. A
person who makes commercial use of these with the calculated intention of misleading people
into believing that he is authorised to use them, commits a criminal offence; Industrial and
Commercial Property (Protection) Act 1927, sec. 151.
The extended form of civil liability for “passing off” goods as having similar characteristics to
those of a class of manufacturers, established by the British House of Lords in respect of
“advocaat”, also exists in Ireland 171 , which applies the same principles of common law. Refer
below, to the national report entitled “Royaume-Uni”.
171 Refer to Clark, R. & Smyth, S, Intellectual Property Law in Ireland (Tottel Publishing, 2 nd ed, 2005),
paras. [25.16] et seq. and to the Irish jurisprudence cited there.
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