Mondaq All Regions - Ireland: Intellectual Property
Cruickshank
In the case of Ireland, ratification of the UPC agreement requires amendment of the Constitution and as such a referendum will need to be held.
Cruickshank
The UK's decision to withdraw from the European Union is one which has created much uncertainty and brings with it changes to intellectual property rights, not just in the UK but throughout Europe.
Cruickshank
Following publication of the Trade Mark Reform Legislative package back in 2015, changes arose which saw the CTM renamed to EUTM and the OHIM become the EUIPO.
Mason Hayes & Curran
In March 2016, Regulation (EU) 2015/2424 (Amending Regulation) made significant amendments to the European Union Trade Mark Regulation (Council Regulation (EC) No. 207/2009).
Ronan Daly Jermyn
On 21 September last, the European Commission published a position paper to the EU-27 outlining the proposed starting point for future negotiations with the UK on its withdrawal from the EU in the area of protection of IPR.
Mason Hayes & Curran
The Court of Justice of the European Union has confirmed that business owners who offer free Wi-Fi are not responsible for copyright infringement carried out by customers using their service.
Mason Hayes & Curran
The CJEU has held that a system in Spain whereby the equitable remuneration payable in respect of private copying paid to rights holders out of the General State Budget is not compatible with EU copyright law.
Mason Hayes & Curran
Dunnes ran an advertising campaign in the summer of 2013 which claimed that their prices were cheaper than Aldi's prices for 262 separate products.
Mason Hayes & Curran
The trend of IP enforcement continues with almost all sectors experiencing some activity. Combined with this, we explore some other interesting developments.
Arthur Cox
Under Irish law, copyright protection for artistic works lasts for 70 years after the death of the author.
Mason Hayes & Curran
The initial acquirer of a copy of software, in some circumstances, may resell that copy and his licence to a new acquirer.
Mason Hayes & Curran
Whether or not the public lending of e-books is treated, in EU copyright law, in the same manner as the public lending of traditional books has been a relatively contentious topic among EU Member States.
Arthur Cox
A judgment of Ms Justice Baker delivered on 29 July 2016 will be of interest to purchasers of loan portfolios, insolvency practitioners and conveyancers alike.
Matheson
The UDRP is to be reviewed in the overall context of a broader review of all rights protection mechanisms.
Mason Hayes & Curran
Currently, it is possible for an IP rights holder to obtain an injunction against an online intermediary whose services are used to sell counterfeit products.
Mason Hayes & Curran
The Irish Court of Appeal has dismissed an appeal against a court ordered or "common law" graduated response, or three strikes, system.
Mason Hayes & Curran
In May 2016, a six-year legal tussle between Google and Oracle entered its final phase when the US District Court for Northern California ruled that Google's use of 37 Oracle Java APIs...
Mason Hayes & Curran
Copyright collecting societies who collect private copying levies can bring non-payment proceedings in their own Member State, rather than suing in the jurisdiction where the person in default of payment is domiciled.
Cruickshank
Since inception in 1978, the PCT has risen steadily with 152 contracting states now in participation and over 3.23 million applications filed since its beginning.
Cruickshank
Last year saw the Madrid International Trademark System reach 125 years in operation. Since its inception in 1891 the system has seen continued success and growth.
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Mason Hayes & Curran
In March 2016, Regulation (EU) 2015/2424 (Amending Regulation) made significant amendments to the European Union Trade Mark Regulation (Council Regulation (EC) No. 207/2009).
Ronan Daly Jermyn
On 21 September last, the European Commission published a position paper to the EU-27 outlining the proposed starting point for future negotiations with the UK on its withdrawal from the EU in the area of protection of IPR.
Matheson
This dispute arose from an application filed on April 3 2009 by Ibercosmetica SA de CV for registration of the word mark SÔ: UNIC as a Community trademark (CTM) for goods in Class 3 of the Nice Classification.
Arthur Cox
Under Irish law, copyright protection for artistic works lasts for 70 years after the death of the author.
Mason Hayes & Curran
On 24 February 2016, the General Court of the European Union held that Coca-Cola's 3D bottle shape mark lacked the distinctive character required in order for it to be registered as a Community Trade Mark ("CTM").
Mason Hayes & Curran
In May 2016, a six-year legal tussle between Google and Oracle entered its final phase when the US District Court for Northern California ruled that Google's use of 37 Oracle Java APIs...
Mason Hayes & Curran
Currently, it is possible for an IP rights holder to obtain an injunction against an online intermediary whose services are used to sell counterfeit products.
Mason Hayes & Curran
The initial acquirer of a copy of software, in some circumstances, may resell that copy and his licence to a new acquirer.
Arthur Cox
A judgment of Ms Justice Baker delivered on 29 July 2016 will be of interest to purchasers of loan portfolios, insolvency practitioners and conveyancers alike.
Mason Hayes & Curran
The trend of IP enforcement continues with almost all sectors experiencing some activity. Combined with this, we explore some other interesting developments.
Mason Hayes & Curran
Dunnes ran an advertising campaign in the summer of 2013 which claimed that their prices were cheaper than Aldi's prices for 262 separate products.
Mason Hayes & Curran
The widely anticipated amending Trade Mark Regulation ("Amending Regulation"), which overhauls the existing Community Trade Mark regime, will take effect from 23 March 2016 (with a few exceptions).
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