130 / 336
Copyright Ac ts and the Design Ac ts which are fully
explored. The nature of copyright in artistic works,
particularly in relation to originality, ownership and
infringement is fully considered. The effect of Articles
85 and 86 of the Treaty of Rome in relation to indus-
trial design receives full treatment. The Registered
Designs Act, 1949, and the Copright Act, 1956, with
the Rules relating thereto, have been fully set out
in Appendices.
In Amp Inc. v. Utilux Property Ltd.—(1972) R.P.C.
the definition of "design" in S. 1 (3) in the Registered
Designs Act 1949 was stated 'not to include any
method of construction, or features of shape or con-
figuration which are dictated solely by the function
which the article to be made in that shape has to
perform'. It was unsuccessfully contended in the
House of Lords that this exclusion only applies in
cases where the designer has no option but to design
an article in a particular shape because of the
function it has to perform; this related to electrical
terminals for washing machines. In Hensher Ltd. v.
Restawile Upholstery Ltd. (1974 2 All E.R. 420, the
House of Lords stated that, in the phrase "work of
artistic craftmanship", the word "artistic" is well
understood and needs no interpretation. It was a
matter of evidence in each case whether a work was
"artistic". In this case a three piece drawing room
named Diner was not protected by copyright because
it had no originality. Those are the two principal new
cases since the last edition. The publishers are to be
congratulated upon the setting and type, and lawyers
specialising in this subject will find this work of
paramount importance.
Delany (V. T. H.) — The Administration of Justice
in Ireland; fourth edition by Charles Lysaght. Dublin:
Institue of Public Administartion, 1975. vii, 105p.,
22cm.; £1.80.
When Professor Vincent Delany first published
this volume in 1962, it received wide commendations.
In subsequent editions, in 1965 and in 1970, as a
result of the learned author's premature death, Mr.
Vincent Grogan undertook to revise the work, and
this has now been successfully accomplished by Mr.
Lysaght. The first five chapters are unchanged; they
deal respectively with "The Sources of Irish Law",
"The Background of the Irish Judicial System", "The
System of Courts in Ireland from 1800 to 1921", "The
Constitutional Changes from 1921 to 1924" and "The
Courts since 1922". In dealing with the Criminal
Jurisdiction of the Courts, Mr. Lysaght has clearly
set out the functions of the new Director of Public
Prosecutions under the 1974 Act, and also the
revised criminal jurisdiction of the District Court,
the revised personnel of the Special Criminal Court,
and the proposals of the Committee on Court Prac-
tice and Procedure to abolish the Court of Criminal
Appeal. The learned editor, in relation to civil
jurisdiction had dealt very fully with appeals to the
European Court of Justice under Article 177 of the
Treaty of Rome, as well as under the European Con-
vention of Human Rights, including the Irish com-
plaint about violations of the Convention by Britain
in Northern Ireland.
The current civil jurisdictions of the Circuit Court
and of the District Court as well as the salaries of
Judges since March, 1975, are fully explained. In
discussing solicitors, it is unfortunate that the fact
that the profession will only be open to graduates
from October next is omitted. In discussing costs, it
is satisfactory that emphasis has been placed upon
civil legal aid. Mr. Lysaght has cautiously and
accurately brought the main work up to date, but it
would have been infinitely more interesting if he had
enlightened us with his own views on many of the
subjects covered.
Paul O'Higgins — First Supplement to a Bibliography
of Periodical Literature relating to Irish Law. Belfast:
Northern Ireland Legal Quarterly, 1975. 149p., 24cm.;
paperback; £2.95.
Dr. Paul O'Higgins, a graduate of Trinity College,
Dublin, and well known for his works on Labour
Law and scholarly contributions to learned journals,
is to be congratulated on producing the first Supple-
ment to his "Bibliography of Periodical Literature
relating to Irish Law". The objects of the Supplement
are to bring together a list of the most important
articles on Irish law, or published in Irish periodicals
on legal topics from 1966 to 1972; and to include
similar material omitted from the main work; for
example, the many important legal articles which
appeared in the Dublin University Magazine from
1833 to 1877. The industry of the learned author is
shown by the fact that the Supplement includes over
1,600 entries from more than 100 periodicals.
Dr. O'Higgins, in his Preface, notes that the study
of Irish legal history has begun to gather momentum
under the leadership of such distinguished scholars
as Professor Newark of Queen's University, and Pro-
fessor Hand of University College, Dublin. It is to
be regretted, however, that Dr. O'Higgins found no
relevant material in the Law Quarterly Review. This
appears to be a sad reflection on the state of legal
scholarship in Ireland.
It is perhaps expecting too much of the compiler
to have exhausted every possible resource. Those
working in the Irish field of academic law have had
their burden considerably eased by Dr. O'Higgins's
toil, and owe him a profound debt of gratitude.
This Supplement, like the main work, is superbly
cross-indexed. It is hoped that this Supplement will
be the first of a series issued over the next decade or
so, and the learned author is to be congratulated for
his continuing interest in Irish law.
One cannot but help experiencing a twinge
oi
jealousy that the Northern Ireland Legal Quarterly
should be able to produce such a meritorious work,
among several others, while in the Republic there is
a dearth of this kind of publication. Is it that we lack
academic lawyers of sufficient staying-power and
ability, or is it, as one is led to suspect, that they
cannot find a publisher?
G. M. Golding
127