This section provides that the Authority will have the right to procure the registration of the standard mark. What does "may procure" mean? Does it mean "may ensure"? "To procure" means to purchase or buy something.
SECTION 23.
Question proposed: "That section 23 stand part of the Bill."
I presume this came from the parliamentary draftsman's office. The section states:
The Authority may procure the registration, in any register maintained in any place outside the State, of a standard mark and may procure that the Authority be entered in the register as the proprietor of the standard mark.
I presume it is a question of property rights and it would be at the dictation of the parliamentary draftsman. "Procure" is a very definite term.
I agree with the word "procure" in the first line of section 23. The Authority may procure the registration because it is something which one can procure. However, the words "and may procure that the Authority" are incorrect. It should read "may ensure that the Authority be entered in the register as the proprietor of the standard mark."
The authority may procure the registration in any register maintained in any place outside the State of a standard mark and may procure that the Authority be entered, it was almost entirely taken from the 1961 Act.
Whoever drafted the 1961 Act is a dunce. The word should be "ensure". One cannot procure that the Authority be entered.
I will look at it again.
The Deputy has raised a technical point. Perhaps the Minister and his officials will look at it before Report Stage.
Because it was included in the 1961 Act, does not mean it is right.
Question put and agreed to.