Rabbitte, Pat

Wednesday, 28 February 1996

Dáil Éireann Debate
Vol. 462 No. 3

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Trade Marks Bill, 1995: Report and Final Stages.

I move amendment No. 1: In page 11, lines 23 and 24, to delete “which in his opinion is a badge, device or emblem”. This amendment has the same wording as amendment No. 4 tabled by Deputy McDowell on ...More Button

I move amendment No.2: In page 12, line 16, after “by virtue of” to insert “any such rule of law or earlier right as is referred to in”. This amendment was tabled by Deputy McDowell on Committee Stage...More Button

I move amendment No. 3: In page 13, before line 1, to insert the following: “12.—(1) This section applies where on an application for the registration of a trade mark, it appears to the Controller—More Button

I move amendment No. 4: In page 15, between lines 21 and 22, to insert the following: “(2) If on an application for the registration of a trade mark, it appears to the Controller that any particular ...More Button

I move amendment No. 5: In page 16, line 23, after “they” to insert “or their packaging”. This amendment was tabled by Deputy McDowell on Committee Stage as amendment No. 12. I offered then to consid...More Button

I move amendment No. 6. In page 18, between lines 36 and 37, to insert the following:More Button

On the point raised by Deputy McDowell, it might be more sensible to insert an “either or” provision. I will look at that matter. As regards amendment No. 19, I kept in mind the views expressed by De...More Button

I move amendment No. 7: In page 21, line 20, to delete “as” where it firstly occurs. This refers to two minor typographical errors in the text of the Bill, in section 29 and paragraph 9 of the Third S...More Button

I move amendment No. 8: In page 26, line 23, after “irrevocable” to insert “after the expiry of three months from the date of notice of the withdrawal”. Section 42 provides for the applicant to withdr...More Button

I move amendment No. 9:More Button

I move amendment No. 10: In page 37, to delete lines 1 to 3 and substitute the following:More Button

The position in the UK is that partnerships and bodies corporate can use the title “patent agent” provided all partners or directors are registered agents for patent or trade mark work and at least on...More Button

The amendment seeks the facility to use the term “Community Trade Mark Attorney” and to enshrine it in the legislation. I indicated on Committee Stage that the term “Trade Mark Attorney” is permitted...More Button

When Deputy O'Keeffe put down these amendments he was not aware of the contents of my amendment No. 6. I refer him and Deputy McDowell to the definition of the term “articles” in section 20.More Button

I draw Deputy O'Keeffe's attention to section 20 (5) which states: “infringing articles”, in relation to a registered trade mark, mean articles— (a) which are specifically designed or adapted for mak...More Button

I have a few problems with this. If one did come across such glass cutting equipment in a backstreet factory, I am advised it would be very difficult to prove intent. I also draw Deputy McDowell's a...More Button

I would need to reflect further on this but I am somewhat reluctant to accept that this principle should be enshrined in legislation. We are not talking about criminal but trade marks law and that th...More Button

I refer the Deputy to the three subclauses of paragraph 3 of amendment No. 6. The court may order such infringing goods, material or articles to be destroyed or forfeited as the court thinks fit.More Button

The definition of articles under section 20 would seem to include this if a case is established.More Button

We dealt with that on amendment No. 6, the advice of the draftsman being that that was the appropriate place to insert it.More Button

I move amendment No. 16: In page 47, line 11, to delete “ten years or to a fine not exceeding £200,000” and substitute “five years or to a fine not exceeding £100,000”. Resulting from acceptance of my...More Button

Yes.More Button

It appears that neither Deputy O'Keeffe nor Deputy Michael McDowell acknowledges the extent of the powers included in my amendment No. 6. These are quite extensive and have been designed to get after...More Button

It may well have been considered by my officials but, truthfully, I can say it has not been considered by me and I will examine the matter in the course of my preparations for our Seanad discussions.More Button

I am open to being corrected but I do not know that Deputy McDowell's assertion that no stamp duty is payable in the United Kingdom is correct. My understanding is that stamp duty is still payable, b...More Button

I move amendment No. 21: In page 59, lines 7 to 9, to delete all words from and including “section 33” in line 7 down to and including line 9 and substitute “any application for registration after com...More Button

I move amendment No. 22: In page 59, line 11, to delete “or (4)”. Amendment agreed to. Amendments 21 and 22 reported.More Button

I move amendment No. 23: In page 60, line 7, after “accordance” to insert “with”. This is a drafting amendment. It covers the second textual error identified by the Bills Office following Committee S...More Button

I move amendment No. 24: In page 60, lines 13 and 14, to delete “as if made immediately after commencement” and substitute “as if it were made at commencement and as if the date of filing were the dat...More Button

The question at issue is what should be the basis on which the validity of registered marks can be challenged after the commencement of the new legislation. “Existing registered marks” is the express...More Button

Existing registered marks are currently afforded under certain rights and protections. If we are now to provide that these registrations may be challenged on what may be regarded as a completely new ...More Button

I have a certain amount of sympathy for the argument but other factors must be taken into account in formulating our approach to this matter. In the first place, the right of a trade mark owner to cla...More Button

I thank Deputies O'Keeffe and McDowell for their work and co-operation. In particular, I acknowledge Deputy McDowell's role in the genesis of the Bill.More Button

Ceisteanna—Questions. Oral Answers. - Profit Margin Differentials.

I, too, wish to extend my condolences to the Ceann Comhairle.More Button

Ceisteanna—Questions. Oral Answers. - Retail Price in Ireland of UK Publications.

The terms of reference of the investigation, announced by me in the House on 15 February last and referred to by the Deputy, are to undertake a survey of the retail prices of UK magazines in Ireland, ...More Button

When the report of the Director of Consumer Affairs on this matter becomes available I will, as necessary, refer it to the Competition Authority. I also wish to warn the distributors against perpetua...More Button

The Director of Consumer Affairs is due to report to me by the end of March and it is my intention — I cannot see any reason not to do this — to make his findings public immediately after that. On the...More Button

Competition in the marketplace is meant to provide the best deal for the consumer. The difficulty in this case is that there are two operators involved in the marketplace. The view of the Competition...More Button

I wish to quote from paragraph 36, page 156, of the 1993 annual report of the Competition Authority:More Button

The matter was withdrawn at that time by one of the companies concerned. The companies went to the High Court to stop the Competition Authority investigation. When the case was over the companies wi...More Button

Once the competition legislation is through the House, enforcement procedures will be available and we will be capable of dealing with situations such as this. Under existing pricing legislation, I h...More Button

I assure the Deputy that the purpose of the survey was to do precisely that. With regard to the pricing formula, which Deputy O'Rourke asked me about, both firms in this case apply a formula for pric...More Button

Ceisteanna—Questions. Oral Answers. - Cork Consumer Affairs Office.

I secured moneys in my Department's Estimate for 1996 to enable the Director of Consumer Affairs to open an office in Cork city. Fitting out the proposed premises on the South Mall is due to commence ...More Button

Any advertising——More Button

——will be in both languages.More Button

The Consumer Credit Act confers various new rights on citizens but if they do not know about them the purpose of the Act will be undermined. The Director of Consumer Affairs is compiling an awareness ...More Button

There is no greater ambition in politics than to follow on the slipstream of the Deputy and it is my intention to follow through on all the promises she made.More Button

The question refers to Cork.More Button

I learned a great deal about Athlone last Sunday night, and I compliment the Deputy on an excellent performance on “Lifelines”.More Button

Now that Deputy Harney mentions it, I think that is an excellent idea. I will certainly employ the resources in my office on investigating whether that is feasible.More Button


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