Industrial Research and Standards Act, 1946
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Standard marks. |
22.—(1) The Minister may by order prescribe a mark for use, in accordance with this Act, in connection with a specified commodity, process or practice, to indicate that it conforms to a particular standard specification. | |
(2) A standard mark shall include the words “Caighdeán Éireannach” or the initials “C.É.” and may include the words “Irish Standard” or the initials “I.S.” or any other mark. | ||
(3) The Minister may revoke an order made by him under this section. | ||
(4) Whenever an order prescribing a standard mark for use in connection with a commodity, process or practice conforming to a particular standard specification is for the time being in force, the following provisions shall have effect:— | ||
(a) the Minister shall be the proprietor of the standard mark, | ||
(b) for the purpose of the Merchandise Marks Acts, 1887 to 1931, the standard mark shall be a trade mark; | ||
(c) the use of the standard mark in connection with a commodity, process or practice which does not conform to that standard specification shall be a false trade description within the meaning of those Acts; | ||
(d) those Acts shall apply accordingly. | ||
(5) The Minister may grant to a person a licence to use, subject to such conditions as may be expressed in the licence, a standard mark in connection with any commodity, process or practice for which there is a standard specification. | ||
(6) Where the Minister has, with the consent of any other Minister of State, declared a specification to be a standard specification for a commodity, process or practice, he shall not grant a licence under this section to use a standard mark in connection with that commodity, process or practice except with the consent of that Minister of State. | ||
(7) The Minister may revoke a licence under this section but, if the licence was granted with the consent of any other Minister of State, only with the consent of that Minister of State. | ||
(8) A person who— | ||
(a) uses a standard mark otherwise than in accordance with a licence under this section, or | ||
(b) makes any representation or uses any mark in connection with any commodity, process or practice which suggests or is likely to suggest that a person who is not licensed to use a standard mark in connection with that commodity, process or practice is so licensed or is entitled to use a standard mark, | ||
shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a period not exceeding six months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine. | ||
(9) The word “representation” in subsection (8) of this section has the same meaning as it has in section 21 of this Act. |