STATUTORY INSTRUMENTS

S.I. No. 411 of 2004

District Court (Intellectual Property) Rules, 2004

S.I. 411 of 2004

District Court (Intellectual Property) Rules 2004

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1.   These rules may be cited as the District Court (Intellectual Property) Rules, 2004.

2.   These rules shall come into operation on the 30^th day of July 2004 and shall be read together with all other District Court rules for the time being in force.

3.   The District Court Rules, 1997 ( S.I. No. 93 of 1997 ) are amended by the addition immediately following rule Order 31A thereof of the following:

“Order 31B - Seizure without warrant, delivery up, forfeiture and disposal in intellectual property cases

1           In this Order:

“the Act of 1996” means the Trade Marks Act, 1996 (No 6 of 1996),

“the Act of 2000” means the Copyright and Related Rights Act, 2000 (No 28 of 2000);

“the Act of 2001” means the Industrial Designs Act, 2001 (No 39 of 2001).

2          An application for an Order permitting seizure of infringing goods, material or articles without warrant under section 25(1) of the Act of 1996, may be made ex parte to any sitting of the District Court for the district in which the said infringing goods materials or articles are for the time being.

3          An application by the owner of copyright in a work for an Order permitting seizure without warrant under section 132(1) of the Act of 2000 may be made ex parte to any sitting of the District Court for the district wherein it is believed that infringing copies of the work or articles specifically designed or adapted for making copies of work knowing or having reason to believe that is has been or is to be used for making infringing copies of a work, or protection-defeating devices are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the copyright in the work or his or its authorised representative and the District Court may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.

4          An application by the registered proprietor of a design for an Order authorising seizure without warrant under section 62(1) of the Act of 2001 may be made ex parte to any sitting of the District Court for the district wherein it is believed that infringing products or articles are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the copyright in the work or his or its authorised representative and the District Court may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.

5          An application by the owner of the rights in a recording of a performance conferred by Part III of the Act of 2000 for an Order authorising seizure without warrant under section 256) of the Act of 2000 may be made ex parte to any sitting of the District Court for the district wherein it is believed that illicit recordings of the performance, articles specifically designed or adapted for making recordings of a performance which the person hawking, carrying about of marketing those articles knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance, or protection-defeating devices are being hawked, carried about or marketed. Such application may be grounded upon the information on oath and in writing of the owner of the rights in the recording of the performance conferred by the said Part III or by his or its authorised representative. The District Court hearing such application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.

6          An Order made on an application authorising or permitting seizure without warrant under rule 2, 3, 4 or 5 of this Order shall be in the Form 31B.1, 31B.2, 31B.3, or 31B.4, Schedule B, as appropriate.

7(a)      An Order may be made for the delivery up of an infringing copy, article or device under section 142 or of an illicit recording, article or device under section 260 of the Act of 2000 or of an infringing product or article under section 69 of the Act of 2001 by the Court, of its own motion or on the application of the person bringing the prosecution, at any convenient time during such proceeding, provided that the court is satisfied that there is a prima facie case to answer, or following the determination of such proceeding.

7(b)    An Order for the delivery up of an infringing copy, article or device to the copyright owner or to such other person as the Court may direct under section 142 of the Act of 2000 shall be in the Form 31B.5, Schedule B.

7(c)    An Order of the Court that an illicit recording, article or device to be delivered up to the rightsowner or to such other person as the Court may direct under section 260 of the Act of 2000 shall be in the Form 31B.6, Schedule B.

7(d)    An Order for the delivery up to the registered proprietor of a or to such other person as the Court may direct under section 69 of the Act of 2001 shall be in the Form 31B.7, Schedule B.

7(e)    An Order made by the Court under section 142 or section 260 of the Act of 2000 or under section 69 of the Act of 2001 shall be served by hand or by registered post upon the accused and upon any person or persons to whom it is ordered that any infringing copy, article, or protection-defeating device, or illicit recording, article or protection-defeating device or infringing product or article be delivered up. On the hearing by the Court of an application by the person bringing the prosecution for such an Order, or where the Court makes such Order of its own motion, the Court, may additionally direct the person bringing the prosecution to make and serve notice of an application for forfeiture or disposal (as provided for in rule 8 hereof) under section 145 or section 264 of the said Act of 2000 or under section 72 of the said Act of 2001 on notice to the known or reputed copyright owner or rightsowner or registered proprietor and to any other person directed by the Court to be served with such notice.

8          An application in a criminal proceeding for the forfeiture or disposal of an infringing copy, article or device under section 145 of the Act of 2000 or of an illicit recording, article or device under section 264 of the Act of 2000 or of an infringing product or article under section 72 of the Act of 2001 shall be in the Form 31B.8, Schedule B and shall be served by the applicant by delivery by hand or by prepaid registered post on (a) any person heard or represented upon any previous application for the delivery up of the same infringing article, copy or device under section 142 or illicit recording, article or device under section 260 of the Act of 2000 or of the same infringing product or article under section 69 of the Act of 2001, (b) any other person appearing to have an interest in the said recording, copy, article, device or product concerned and (c) any other person directed by the Court to be served. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable. An Order of the Court on such application shall be in the Form 31B.9. Schedule B”.

4.   Order 34, of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the addition immediately following rule 13 thereof of the following:

“-Under the Trade Marks Act, 1996 (No 6 of 1996), the Copyright and Related Rights Act, 2000 (No 28 of 2000) or the Industrial Designs Act, 2001 (No 39 of 2001)

14 (1) In this rule:

“the Act of 1996” means the Trade Marks Act, 1996 (No 6 of 1996),

“the Act of 2000” means the Copyright and Related Rights Act, 2000 (No 28 of 2000);

“the Act of 2001” means the Industrial Designs Act, 2001 (No 39 of 2001).

(2)        An application by a member of the Garda Siochana for a warrant under section 25(2) of the Act of 1996, section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 shall be by information on oath and in writing of a member of the Gardai Siochana in the Form 34.30, Schedule B and may be made to the Judge of the District Court for the Court district wherein the premises or place, in respect of which the warrant is sought is or are situated.

(3)        A warrant issued under section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 on foot of such information shall be in the Form 34.31, Schedule B. A warrant issued under section 25(2) of the Act of 1996 on foot of such information shall be in the Form 34.32, Schedule B”.

4          The District Court Rules, 1997 ( S.I. No. 93 of 1997 ) are further hereby amended by the addition immediately following Order 99B thereof of the following:

“Order 99C -- Intellectual Property

1.         An application to the Court in or by way of a civil proceeding for the delivery up of an infringing article, copy, or device under section 131 or of an illicit recording, article or device under section 255 of the Copyright and Related Rights Act, 2000 or of an infringing product or article under section 61 of the Industrial Designs Act, 2001 may be made ex parte to any sitting of the District Court for the Court District wherein it is believed that such infringing, articles, copies or devices are in the possession, custody of control of any person. Such application may be grounded upon an information on oath and in writing by or on behalf of the copyright owner or a person having rights conferred by Part III of the Act of 2000 or the registered proprietor or his or its authorised representative. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.

2.         The Court may adjourn such application and direct that person against whom such Order is sought be served with notice of such application in the Form 99C.1, Schedule C. by delivery by hand or by prepaid registered post, on the respondent thereto and on any other person directed by the Court to be served with such notice. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable.

3.         An Order made on such application, whether ex parte or inter partes, shall be in the Form 99C.2, Schedule C.

4.         An application to the Court in or by way of a civil proceeding for the forfeiture or disposal of an infringing copy, article or, device under section 145 or of an illicit recording, article or device under section 264 of the Act of 2000 or of an infringing product or article under section 72 of the Act of 2001 shall be in the Form 99C.3, Schedule C and shall be served by the applicant, by delivery by hand or by prepaid registered post, on the respondent thereto, on the respondent, on any other person appearing to have an interest in the goods, materials, articles, copies, devices or products concerned and on any other person directed by the Court to be served. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, recordings, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.

5.         An Order of the Court on such application shall be in the Form 99C.4, Schedule C”.

5          The Forms numbered 31B.1 to 31B.9 inclusive in Schedule 1 hereof and the Forms numbered 34.30 to 34.32 inclusive in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 99C.1 to 99C.4 inclusive in Schedule 3 hereof shall be added to the Forms in Schedule C of the said District Court Rules, 1997.

SCHEDULE 1

Schedule 1

No. 31B.1

TRADE MARKS ACT, 1996 Section 25(1)

OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS

WHEREAS on the application before me on this day of ............................................................ .............. of ............................................................ ............................................................ ...................................

I AM SATISFIED THAT there are reasonable grounds for believing that:

infringing goods, material or articles within the meaning of the said Act of 1996are in the possession, custody or control of a person [namely,.............. of ................................................] in the court (area and) district aforesaid in the course of business or for the purpose of dealing in any way

IT IS ORDERED THAT .........................., of

a member of the Garda Siochana

BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following goods, materials or articles, namely:

And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.

          Dated this             day of                        20         .

Signed .............................................

Judge of the District Court

To the Superintendent of the Garda Siochana:............................................................ .....

at

[* delete as appropriate]

Schedule 1

No. 31 B.2

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 132(1)

OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS

WHEREAS on the application before me on this day of ............................................................ .................. of

............................................................ ............................................being the owner of copyright in a work

I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed [by a person namely................... of ............................................................ ..]

*infringing copies of a work,

*articles specifically designed or adapted for making copies of a work (which articles such person knows or has reason to believe has been or is to be used for making infringing copies of a work) or

*protection-defeating devices, within the meaning of the said Act of 2000

IT IS ORDERED THAT............................................................ ................................., of

a member of the Garda Siochana

BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following copies, articles or devices, namely:

And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.

          Dated this            day of                       20           .

Signed ..........................................

Judge of the District Court

To the Superintendent of the Garda Siochana:............................................................ ...........

at

[* delete as appropriate]

Schedule 1

No. 31B.3

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 256(1)

OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS

District No.

WHEREAS on the application before me on this day of

......................................................of...

............................................................ ............................................................ ................................................... being the owner of rights in a performance conferred by Part III of the abovementioned Act of 2000

I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed [by a person namely,.................... of ............................................................ .....]

*illicit recordings of a performance

* articles specifically designed or adapted for making recordings of a performance which such the person hawking, carrying about or marketing those articles knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance

*protection-defeating devices

within the meaning of the said Act of 2000

IT IS ORDERED THAT ............................................................ .................................................of

a member of the Garda

Siochana

BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following recordings, articles or devices, namely:

And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.

          Dated this            day of                        20             .

Signed

..............................................

Judge of the District

Court

To the Superintendent of the Garda Siochana:............................................................ .............

at

[* delete as appropriate]

Schedule 1

No. 31B.4

INDUSTRIAL DESIGNS ACT, 2001, Section 62(1)

OREDER AUTHORISING SEIZURE AND DETENTION OF GOODS

District No.

WHEREAS on the application before me on this day of

......................................................of...

............................................................ ............................................................ .............................................[being the registered proprietor of an industrial design

I AM SATISFIED THAT there are reasonable grounds for believing that there are, within the court (area and) district aforesaid, being hawked, carried about or marketed infringing products or articles within the meaning of the said Act of 2001 infringing or calculated or likely to infringe the design right the above-named registered owner]

IT IS ORDERED THAT ............................................................ ...................................................of

a member of the

Garda Siochana accompanied by such other members of the Garda Siochana or other person or persons as that member thinks proper BE AUTHORISED WITHOUT WARRANT TO SEIZE at any place in court (area and) district aforesaid the following products or articles, namely:

And to bring the same before the next convenient sitting of the Court for summary business in said district following such seizure.

          Dated this            day of                        20             .

Signed

............................................

Judge of the District

Court

To the Superintendent of the Garda Siochana:............................................................ ........................

at

[* delete as appropriate]

Schedule 1

No. 31B.5

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 142

ORDER FOR DELIVERY UP

District No.

A.B,

............................................................ ............................................................ ...............................................

...

Prosecutor

C.D,............................................................ ............................................................ .............................................

.......

Accused

WHERAS the said accused, has been

*charged with an offence

*convicted of an offence

contrary to the Copyright and Related Rights Act, 2000

AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said ............................................... was *arrested *charged with the said offence(s)he had in his/her possession, custody or control

*(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy (within the meaning of section 44 of the said Act of 2000) or

*(b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or

*(c) a protection-defeating device, within the meaning of section 2 of the said Act of 2000, namely

IT IS ORDERED that the said infringing *copy *article *device be delivered up to of ............................................................ ................................. *[being the copyright owner]

AND IT IS ORDERED THAT SAID *COPY *ARTICLE *DEVICE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER SECTION 145 OF THE ACT OF 2000 OR OF A DECISION NOT TO MAKE SUCH ORDER.

          Dated this            day of                        20             .

Signed

..........................................

Judge of the District

Court

[* delete as appropriate]

Schedule 1

No. 31B.6

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 260

ORDER FOR DELIVERY UP

District No.

A.B,

............................................................ ............................................................ ...............................................

...

Prosecutor

C.D,............................................................ ............................................................ .............................................

.......

Accused

WHERAS the said accused, has been

*charged with an offence

*convicted of an offence

contrary to the Copyright and Related Rights Act, 2000

AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said .................... was *arrested *charged with the said offence (s)he had in his/her possession, custody or control

*(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording (within the meaning of section 210 of the said Act of 2000) or

*(b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illicit recordings, or

*(c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000

namely

IT IS ORDERED that the said illicit *recording *article device be delivered up to of ............................................................ ......................................... being the rightsowner]

AND IT IS ORDERED THAT SAID *RECORDING *ARTICLE *DEVICE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER SECTION 264 OF THE ACT OF 2000 OR OF A DECISION NOT TO MAKE SUCH ORDER.

          Dated this            day of                        20             .

Signed

............................................

Judge of the District

Court

[* delete as appropriate]

Schedule 1

No. 31B.7

INDUSTRIAL DESIGNS ACT, 2001, Section 69

ORDER FOR DELIVERY UP

No.

A.B, ............................................................ ............................................................ .....................................

Prosecutor

C.D,............................................................ ............................................................ .....................................

Accused

WHERAS the said accused, has been

*charged with

*convicted of

an offence contrary to the Industrial Designs Act, 2001

AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said ................ was *arrested *charged with the said offence(s)he had in his/her possession, custody or control

*(a) in the course of a business, trade or profession, a product knowing or having reason to believe it to be an infringing product or

*(b) an article, knowing or having reason to believe it to be an infringing article, each within the meaning of section 54 of the said Act of 2001, namely

IT IS ORDERED that the said infringing *product *article be delivered up to ...................of ......

............................................................ ........................................................[being the *registered proprietor of the design]

AND IT IS ORDERED THAT SAID *PRODUCT *ARTICLE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER *SECTION 72 OF THE ACT OF 2001 OR OF A DECISION NOT TO MAKE SUCH ORDER.

          Dated this            day of                        20             .

Signed ............................................

Judge of the District Court

[* delete as appropriate]

Schedule 1

No. 31B.8

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264

INDUSTRIAL DESIGNS ACT, 2001, Section 72

NOTICE OF APPLICATION FOR FORFEITURE/ DISPOSAL

No.

*A.B,

............................................................ ............................................................ ........................................

Prosecutor

C.D,............................................................ ............................................................ .......................................

Accused

WHERAS goods, namely

Which you have had in your possession, custody or control or in which you may have or claim a right or interest have been *delivered up *seized and detained under the provisions of said Act

TAKE NOTICE that application will be made to the sitting of the District Court to be held at on the day of at am/pm for an order that the said goods be forfeited or destroyed or otherwise dealt with.

Dated this            day of                20             .

Signed _________________

Prosecutor

To: The Clerk of the District Court

At

And to:

And to:

[* delete as appropriate]

Schedule 1

No. 31B.9

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264

INDUSTRIAL DESIGNS ACT, 2001, Section 72

ORDER FOR FORFEITURE/ DISPOSAL

No.

A.B, ............................................................ ............................................................ ...................................................

Prosecutor

C.D,............................................................ ............................................................ .......................................

Accused

WHERAS ON APPLICATION OF                                   made under

* section 145 of the Copyright and Related Rights Act, 2000

* section 264 of the Copyright and Related Rights Act, 2000

* section 72 of the Industrial Designs Act, 2001 ]

n respect of goods *delivered up *seized and detained under the provisions of said Act, namely

AND HAVING HEARD all persons appearing before the Court appearing to have an interest in said goods

IT IS ORDERED that said goods be

* delivered to and forfeited absolutely up to........................................

of.................................

............................................[being the *copyright owner /rightsowner/*registered proprietor of the design]

*delivered to and destroyed by and under the supervision of the Superintendent of the Garda Siochana at

*dealt with by [e.g. by sale of them and distribution of the proceeds of sale among the persons appearing to the Court to be interested in them, in the following proportions]

THIS ORDER shall not take effect before the expiry of the time within notice of appeal herefrom may be given by any person and, if any such appeal is taken, before the determination of any such appeal.

Dated this          day of                20             .

Signed ...............................................

Judge of the District Court

[* delete as appropriate]

SCHEDULE 2

Schedule 2

34.30

TRADE MARKS ACT, 1996 Section 25(2)

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 143 and Section 261

INDUSTRIAL DESIGNS ACT, 2001, Section 70

INFORMATION FOR WARRANT

THE INFORMATION of ............................................................ ..............

of ............................................................ ...................................................

Who says on oath-

I am a member of the Garda Siochana.

I believe that there are reasonable grounds

[for suspecting that infringing goods, materials or articles (within the meaning of section 21 of the Trade Marks Act, 1996 ) are on the premises at ............................................................ ..............

............................................................ ........................................., in the court (area and) district aforesaid, in the course of business or otherwise for the purpose of dealing in any way.]

OR

[for suspecting that an offence under

* section 140 of the Copyright and Related Rights Act, 2000

* section 258 of the Copyright and Related Rights Act, 2000

* section 66 of the Industrial Designs Act, 2001

has been, or is about to be, committed in, on or at the premises or place hereinafter described and that evidence that such an offence has been, or is about to be, committed is in, on ar at those premises or that place, namely ............................................................ ............................................................ ......., in the court (area and) district aforesaid,]

The basis for my so believing is as follows:-

And I hereby apply for the issue of a warrant under

*section 25(2) of the Trade Marks Act, 1996 in respect of those premises

*section 143 * section 261 of the Copyright and Related Rights Act, 2000 in respect of those premises or that place

* section 70 of the Industrial Designs Act, 2001 in respect of those premises or that place.

                                      Signed............................................................ ...............                                  [*     delete as appropriate]

Informant

SWORN before me this        day of                                20

Signed ....................................................

Judge of the District Court

Schedule 2

No. 34.31

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 143 and Section 261

INDUSTRIAL DESIGNS ACT, 2001, Section 70

WARRANT

No.

WHEREAS from the information on oath and in writing sworn before me on this day, by

......................................................

of............................................................ ............................................................ ..........................................

a member of the Garda Siochana, I AM SATISFIED THAT there are reasonable grounds for suspecting that an offence under

* section 140 of the Copyright and Related Rights Act, 2000

* section 258 of the Copyright and Related Rights Act, 2000

* section 66 of the Industrial Designs Act, 2001

has been, or is about to be, committed in, on or at the premises or place hereinafter described and that evidence that such an offence has been, or is about to be, committed is in, on ar at those premises or that place, namely

............................................................ ............................................................ ................. in the court (area and) district aforesaid,

THIS IS TO AUTHORISE ............................................................ ..............................,

of

a member of the Garda Siochana, accompanied by such other members of the Garda Siochana and/or such other person(s) as (s)he thinks proper at any time or times, within twenty eight days from the date hereof, on production if so requested of this warrant,

(1)         TO ENTER, if necessary by reasonable force and SEARCH the above-mentioned premises or place in the said court (area and) district,

(2)         TO SEIZE [*any copies of any works, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence under section 140 of the said Act of 2000] [*any copies of any recordings, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence under section 258 of the said Act of 2000] [*any products or articles in respect of which he or she has reasonable grounds for suspecting that an offence under section 66 of the said Act of 2001] has been or is about to be committed

(3)         TO MAKE an inventory or prepare other evidence of infringement of [*copyright or potential infringement of copyright] [*any right conferred by Part III of the Act of 2000] [*design right or potential infringement of design right]

(4)         TO SEIZE anything found there which he or she believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under the said Act

(5)         TO REQUIRE any person found there to give his or her name and address.

And without prejudice to the generality of the foregoing, said memeber may be accompanied by ......................... being.[the designated representative of] the *owner of copyright *rightsowner *registered proprietor of the design right suspected to have been or to be about to be infringed, who is hereby authorised to accompany and assist said member in executing this warrant or in collating any inventory made or other evidence prepared hereunder.

          Dated this                day of                        20             .

Signed .............................................

Judge of the District Court

To the Superintendent of the Garda Siochana:............................................................ .................

at

[* delete as appropriate]

Schedule 2

No. 34.32

TRADE MARKS ACT, 1996 Section 25(2)

WARRANT

No.

WHEREAS from the information on oath and in sworn before me on this day, by

...................................................

of............................................................ ............................................................ ...................................

a member of the Garda Siochana, I AM SATISFIED THAT there are reasonable grounds for suspecting that infringing goods, materials or articles (within the meaning of section 21 of the Trade Marks Act, 1996 ) are on the premises at............................................................ .......................................................

............................................................ ............... in the court (area and) district aforesaid, in the course of business or otherwise for the purpose of dealing in any way.

THIS IS TO AUTHORISE ............................................................ ............................,

of

a member of the Garda Siochana not below the rank of inspector, accompanied by such other members of the Garda Siochana as (s)he thinks necessary, at any time or times, within one month from the date hereof, on production if so requested of this warrant,

TO ENTER, if need be by force on the above-mentioned premises in the said court (area and) district,

TO SEIZE any such goods, materials or articles and bring them before a sitting of this Court for the court (area and) district where the goods, materials or articles are seized

          Dated this                day of                        20             .

Signed .............................................

Judge of the District Court

To the Superintendent of the Garda Siochana:............................................................ .................

at

[* delete as appropriate]

Schedule 3

No. 99C.1

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 131 and Section 255

INDUSTRIAL DESIGNS ACT, 2001, Section 61

NOTICE OF APPLICATION FOR ORDER FOR DELIVERY UP

No.

A.B, ............................................................ ............................................................ ..........................................

Applicant

C.D,............................................................ ............................................................ ......................................

Respondent

TAKE NOTICE THAT the above-named applicant intends to apply to the sitting of the District Court to be held at               on the               day of     at          am/pm for an order that

*articles *copies *devices *recordings *products in your possession, custody or control infringing the right of the applicant as the *copyright owner in a work *owner of rights in a performance *registered proprietor of a design, namely:

be delivered up to

of ............................................................ .....................................................

to be retained by him/her pending the making by the Court of a final order under *section 145 *section 264 of the Act of 2000 *section 72 of the Act of 2001 or of a decision not to make such order.

Dated this                day of                        20             .

Signed _____________________________

Applicant/Solicitor for the Applicant

[* delete as appropriate]

Schedule 3

No. 99C.2

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 131 and Section 255

INDUSTRIAL DESIGNS ACT, 2001, Section 61

ORDER FOR DELIVERY UP

No.

A.B, ............................................................ ............................................................ ..........................................

Plaintiff/Applicant

[C.D,............................................................ ............................................................ ......................................

Defendant/Respondent]

WHERAS on the application of the above-named A.B., [and having heard said C.D.]

I AM SATISFIED that the said defendant/respondent C.D. has in his/her possession, custody or control

[*(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy (within the meaning of section 44 of the said Act of 2000) or (b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or (c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000]

[*(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording (within the meaning of section 210 of the said Act of 2000) or (b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illicit recordings, or (c) a protection-defeating device article, within the meaning of section 2 of the said Act of 2000]

[* (a) in the course of a business, trade or profession, a product knowing or having reason to believe it to be an infringing product or (b) an article, knowing or having reason to believe it to be an infringing article, each within the meaning of section 54 of the said Act of 2001], namely

IT IS ORDERED that the said infringing *article *copy *device *recording *product be delivered up to

of............................................................ ............................................................ ...........................[being the *copyright owner *owner of rights in the performance *registered proprietor of the design]

AND IT IS ORDERED THAT SAID *ARTICLE *COPY *DEVICE *PRODUCT BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER *SECTION 145 *SECTION 264 OF THE ACT OF 2000 *SECTION 72 OF THE ACT OF 2001 OR OF A DECISION NOT TO MAKE SUCH ORDER.

          Dated this                day of                        20             .

Signed ...............................................

Judge of the District Court

[* delete as appropriate]

Schedule 1

No. 99C.3

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264

INDUSTRIAL DESIGNS ACT, 2001, Section 72

NOTICE OF APPLICATION FOR FORFEITURE/ DISPOSAL

No.

[A.B, ............................................................ ............................................................ ................................................

Plaintiff / Applicant

C.D,............................................................ ............................................................ .................................

Defendant/Respondent]

WHERAS goods, namely

Which you have had in your possession, custody or control or in which you may have or claim a right or interest have been *delivered up *seized and detained under the provisions of said Act

TAKE NOTICE that application will be made to the sitting of the District Court to be held at on the               day of               at     am/pm for an order that the said goods be forfeited or destroyed or otherwise dealt with.

Dated this          day of                20

Signed ___________________

Applicant/Solicitor for the applicant

To: The Clerk of the District Court

At

And to:

And to:

[* delete as appropriate]

Schedule 1

No. 99C.4

COPYRIGHT AND RELATED RIGHTS ACT, 2000, Section 145 and Section 264

INDUSTRIAL DESIGNS ACT, 2001, Section 72

ORDER FOR FORFEITURE/ DISPOSAL

No.

[A.B, ............................................................ ............................................................ ...............................................

Plaintiff / Applicant

C.D,............................................................ ............................................................ .................................

Defendant/Respondent]

WHERAS ON APPLICATION OF                                              made under [*section 145

* section 264 of the Copyright and Related Rights Act, 2000 ] [* section 72 of the Industrial Designs Act, 2001 ] in respect of goods *delivered up *seized and detained under the provisions of said Act, namely

AND HAVING HEARD all persons appearing before the Court appearing to have an interest in said goods

IT IS ORDERED that said goods be

[* delivered to and forfeited absolutely up to

of............................................................ ............................................................ ...........................[being the *registered proprietor of the design *owner of rights in the performance *copyright owner]

[*delivered to and destroyed by and under the supervision of the Superintendent of the Garda Siochana at

[*dealt with by [e.g. by sale of them and distribution of the proceeds of sale among the persons appearing to the Court to be interested in them, in the following proportions]]

THIS ORDER shall not take effect before the expiry of the time within notice of appeal herefrom may be given by any person and, if any such appeal is taken, before the determination of any such appeal.

          Dated this              day of                        20             .

Signed ...............................................

Judge of the District Court

[* delete as appropriate]

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend the District Court Rules 1997 and lay down procedures in respect of Intellectual Property cases in the District Court.