Amendment to Order 34

S.I. No. 411 of 2004: District Court (Intellectual Property) Rules, 2004

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

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

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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”.

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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.