I move amendment No. 6.
In page 18, between lines 36 and 37, to insert the following:
"24. (1) If the District Court is satisfied by evidence that there is reasonable ground for believing that infringing goods, material or articles are in the possession, custody or control of any person in the course of business or otherwise for the purpose of dealing in any way (including offering or exposing for sale), the District Court may by order authorise a member of the Garda Síochána to seize the goods, material or articles without warrant and to bring them before the court.
(2) If a judge of the District Court is satisfied by information on oath that there is reasonable ground for suspecting that infringing goods, material or articles are on any premises in the course of business or otherwise for the purpose of dealing in any way, the judge may grant a search warrant authorising a named member of the Garda Síochána not below the rank of inspector, accompanied by such other members of the Garda Síochána as may be necessary, to enter on the premises, if need be by force, and to seize any such goods, material or articles and bring them before the court.
(3) On proof to the District Court that any goods, material or articles brought before the court under subsection (1) or (2) are infringing goods, material or articles, the court may—
(a) order them to be delivered up to the proprietor of the registered trade mark concerned;
(b) order them to be destroyed or forfeited to such person as the court thinks fit; or
(c) order them to be dealt with in such other way as the court thinks fit.
(4) The powers of the District Court under this section shall be exercisable by the judge of the District Court for the district in which the goods, material or articles are for the time being or, as the case may be, where the premises concerned are situated.".
In the debate on Committee Stage there was general support for section 90 dealing with counterfeiting, and the need to facilitate trade mark proprietors in the protection of their brands. Following consideration of the views expressed by a number of Deputies, including in particular Deputies O'Keeffe and McDowell, I undertook to reflect on whether section 90 was adequate to deal with trade mark offences.
The example of large-scale production of glassware to deliberately feed off the reputation of our most famous producer of hand crafted glassware was cited. In such a situation the remedy of delivery up provided for in section 19, may not be sufficiently effective. I, therefore, propose a new provision to allow for seizure of infringing goods, materials or articles, as defined in section 20. The parliamentary draftsman has advised that this provision is best included as a free-standing provision after section 22, rather than as part of section 90. Deputy Kitt asked me to consider the involvement of the District Court in protecting the rights of trade mark proprietors due to the nature and manner in which Circuit Court vacations arise. This provision allows for the District Court to authorise seizure of infringing goods, material or articles by the Garda Síochána.
Subsection (1) allows for the District Court to authorise seizure of goods, material or articles. This would enable a member of the Garda Síochána to seize items and to bring them before the court. This subsection follows subsection 27 (4) of the Copyright (Amendment) Act, 1987, and will provide one remedy for trade mark proprietors whose mark is being infringed.
Subsection (2) mirrors subsection 27 (5) of the Copyright (Amendment) Act, 1987 and allows for a judge of the District Court to grant a search warrant to the Garda Síochána and to authorise seizure.
Subsection (3) provides that the District Court may order that goods, material or articles, seized under subsections (1) or (2), be delivered up, destroyed, forfeited or dealt with in such other way as the court thinks fit.
Subsection (4) states that the powers of the District Court shall be exercisable for the district in which the goods, material or articles are situated.
This provision will facilitate trade marks proprietors in taking effective action against infringement. It extends the remedies available to owners of copyright under section 27 of the Copyright (Amendment) Act to owners of trade marks. Subsection (2) should be particularly helpful in tackling large-scale operations which make illegal use of trade marks.