I move that the Bill be now read a Second Time. This is a small measure designed to amend the Industrial and Commercial Property (Protection) Act, 1927, by deleting from Section 9 (1) certain words and repealing the Second Schedule.
The section makes provision for the fees to be charged by the Controller of Industrial and Commercial Property in respect of matters dealt with by the Industrial and Commercial Property Register Office under his control. The office, which is commonly called the Patents Office, was established under Section 5 of the Act and deals with the grant of patents and the registration of designs and trade marks.
Most of the activities under the control of the office involved the payment of fees by applicants and interested parties. These fees are prescribed by the Industrial Property Rules, 1927, and the Register of Patents Rules, 1927. The fees prescribed then have remained unaltered since that year. In view of the change in the value of money, and in view of the alteration which has taken place in fees of other kinds under other Departments, it has been decided that there is a need for the revision of these fees by way of increase. It is proposed, if this Bill is passed, to revise the fees upwards.
Normally, fees of this character are variable by Order and the Order can be revoked or amended by a Deputy bringing it before the Dáil for discussion. Under this Act fees were prescribed and Section 9 provides, in respect of certain actions, the maximum fees which may be prescribed, and the 1927 Rules prescribe these fees as maximum fees.
In effecting this amendment, it is proposed to remove from the Statute the provision enacting maximum fees, so that fees may in the future be prescribed and varied by statutory Order. Consequently, if Deputies require to discuss a particular fee or a variation in the fees, the Order can be brought before the Dáil.
