Intellectual Property Litigation

Ireland and Intellectual Property and Internet Litigation


The protection of Intellectual Property is an essential element for the success of the EU internal market in that, if not only promotes innovation and creativity but also it develops employment and improves competitiveness.

With the success of internet technologies particularly social media technologies in recent years, the internet space has given rise to a waive of litigation. In this context liability can arise under a range of laws including on trade and service marks, patents, copyrights, trade secrets, unfair competition, defamation, and privacy. The issue that has been much litigated is the liability of intermediaries such as ISPs and social media platforms.

Ireland and the International Conventions

Ireland has adopted in its domestic law all of the main international conventions from the Paris Convention to the Berne Convention, the Brussels Convention and the New York Convention on the Enforcement of Arbitration Awards.

At International level, Ireland as with other EU Member States including Ireland are bound by the Agreement on Trade Related Aspects of Intellectual Property (The TRIPS Agreement). TRIPS sets common standards applicable at international level to the enforcement of intellectual property rights.

The Irish Commercial High Court

The Irish Commercial High Court (Commercial Court) is the court within the Irish courts system, with power to deal with International Intellectual Property Litigation including all forms of Injunctions, whether interim, interlocutory or permanent. It even has power to grant pan European injunctions in certain circumstances. The Commercial court was established to fast-track commercial disputes. The Court has unlimited jurisdiction. Depending on the complexity of the issues involved and the extent of discovery to be provided, on average a case will take some 6 months from commencement to determination.

Our Expertise

Our firm has an extensive Litigation practice road, serving clients based in Ireland and abroad. We have substantial industry experience in the licensing and enforcement of intellectual property rights, defamation in an online environment and the protection of Intellectual Property rights in the whole area of intermediary liability, defamation in an online environment and the protection of Intellectual Property rights in an online environment.

Our Services

We advise service providers, manufacturers and individuals including on:

  • the protection of products, content and services in an online environment
  • the eCommerce Directive and intermediary liability, including social media providers and internet service providers and regulation of intermediary liability and regulation of intermediary liability
  • the enforcement of intellectual rights through arbitration or through the court process
  • who may enforce intellectual property rights under the IP Enforcement Directive, or under applicable laws
  • what are the presumptions of ownership or authorship
  • court orders that may be obtained in order to preserve evidence
  • security for costs
  • against whom court orders be obtained such as those in possession, those using , those involved in the production or manufacture etc
  • the types of orders that may be applied for and obtained including interlocutory injunctions, seizures, delivery up, mareva/freezing injunctions
  • when perpetual or final injunctions may be obtained
  • when corrective measures may be obtained (without prejudice to the damages claim)
  • emerging trends under the IP Enforcement Directive such as the availability of pan European Injunctions

Contentious:

Gerard Walsh, Partner: gwalsh@mckr.ie
Robert Browne, Partner: rbrowne@mckr.ie
Andrew Clarke aclarke@mckr.ie

Non-Contentious:

Paul Foley, Partner: pfoley@mckr.ie

Related Insights - News & Publications

European Litigation - Commercial, Financial and Contractual Disputes and Claims

30 November 2016 by Gerard H. Walsh, Partner

The likely imminent commencement of the new amending Rules of the Superior Courts in Ireland, will impact on practice and procedure within the High Court, and are likely to fast track legal actions in Ireland.

It is worthwhile noting that the Commercial High Court in Ireland has, on average, in its first 10 years, admitted and processed 199 cases per year, with 188 on average being disposed of within that year.

Key Contacts
Robert F. Browne
Partner

IFSC, Dublin
He advises extensively on all aspects of Banking and Commercial Litigation, Injunctions, Financial Services and Insurance, Corporate and Private Client Litigation.

T: +353 (0) 1 859 0100

F: +353 (0) 1 670 2988

E: rbrowne@mckr.ie

Gerard H. Walsh
Partner

IFSC, Dublin
Gerry has advised extensively on all aspects of Financial Services (including Insurance), Corporate and Private Client Litigation for over 30 years.

T: +353 (0)1 670 2990

F: +353 (0)1 670 2988

E: gwalsh@mckr.ie

Paul Foley
Partner

IFSC, Dublin
Paul practises both English and Irish law and specialises in cross border financial services law, online trade and internet law.

T: +353 (0) 1 670 2990

F: +353 (0) 1 670 2988

E: pfoley@mckr.ie

Andrew Clarke
Solicitor

IFSC, Dublin
Andrew also advises on corporate structures, mergers and acquisitions, particularly in the Charity sector, company law compliance and corporate governance.

T: +353 (0) 1 670 2990

F: +353 (0) 1 670 2988

E: aclarke@mckr.ie



Intellectual Property Litigation

Ireland and Intellectual Property and Internet Litigation


The protection of Intellectual Property is an essential element for the success of the EU internal market in that, if not only promotes innovation and creativity but also it develops employment and improves competitiveness.

With the success of internet technologies particularly social media technologies in recent years, the internet space has given rise to a waive of litigation. In this context liability can arise under a range of laws including on trade and service marks, patents, copyrights, trade secrets, unfair competition, defamation, and privacy. The issue that has been much litigated is the liability of intermediaries such as ISPs and social media platforms.

Ireland and the International Conventions

Ireland has adopted in its domestic law all of the main international conventions from the Paris Convention to the Berne Convention, the Brussels Convention and the New York Convention on the Enforcement of Arbitration Awards.

At International level, Ireland as with other EU Member States including Ireland are bound by the Agreement on Trade Related Aspects of Intellectual Property (The TRIPS Agreement). TRIPS sets common standards applicable at international level to the enforcement of intellectual property rights.

The Irish Commercial High Court

The Irish Commercial High Court (Commercial Court) is the court within the Irish courts system, with power to deal with International Intellectual Property Litigation including all forms of Injunctions, whether interim, interlocutory or permanent. It even has power to grant pan European injunctions in certain circumstances. The Commercial court was established to fast-track commercial disputes. The Court has unlimited jurisdiction. Depending on the complexity of the issues involved and the extent of discovery to be provided, on average a case will take some 6 months from commencement to determination.

Our Expertise

Our firm has an extensive Litigation practice road, serving clients based in Ireland and abroad. We have substantial industry experience in the licensing and enforcement of intellectual property rights, defamation in an online environment and the protection of Intellectual Property rights in the whole area of intermediary liability, defamation in an online environment and the protection of Intellectual Property rights in an online environment.

Our Services

We advise service providers, manufacturers and individuals including on:

  • the protection of products, content and services in an online environment
  • the eCommerce Directive and intermediary liability, including social media providers and internet service providers and regulation of intermediary liability and regulation of intermediary liability
  • the enforcement of intellectual rights through arbitration or through the court process
  • who may enforce intellectual property rights under the IP Enforcement Directive, or under applicable laws
  • what are the presumptions of ownership or authorship
  • court orders that may be obtained in order to preserve evidence
  • security for costs
  • against whom court orders be obtained such as those in possession, those using , those involved in the production or manufacture etc
  • the types of orders that may be applied for and obtained including interlocutory injunctions, seizures, delivery up, mareva/freezing injunctions
  • when perpetual or final injunctions may be obtained
  • when corrective measures may be obtained (without prejudice to the damages claim)
  • emerging trends under the IP Enforcement Directive such as the availability of pan European Injunctions

Contentious:

Gerard Walsh, Partner: gwalsh@mckr.ie
Robert Browne, Partner: rbrowne@mckr.ie
Andrew Clarke aclarke@mckr.ie

Non-Contentious:

Paul Foley, Partner: pfoley@mckr.ie

Related Insights -
News & Publications

European Litigation - Commercial, Financial and Contractual Disputes and Claims

30 November 2016 by Gerard H. Walsh, Partner


The likely imminent commencement of the new amending Rules of the Superior Courts in Ireland, will impact on practice and procedure within the High Court, and are likely to fast track legal actions in Ireland.

It is worthwhile noting that the Commercial High Court in Ireland has, on average, in its first 10 years, admitted and processed 199 cases per year, with 188 on average being disposed of within that year.

Key Contacts
Robert F. Browne

Partner

IFSC, Dublin
He advises extensively on all aspects of Banking and Commercial Litigation, Injunctions, Financial Services and Insurance, Corporate and Private Client Litigation.

Tel: +353 (0) 1 859 0100

Fax: +353 (0) 1 670 2988

Email: rbrowne@mckr.ie

Gerard H. Walsh

Partner

IFSC, Dublin
Gerry has advised extensively on all aspects of Financial Services (including Insurance), Corporate and Private Client Litigation for over 30 years.

Tel: +353 (0)1 670 2990

Fax: +353 (0)1 670 2988

Email: gwalsh@mckr.ie

Paul Foley

Partner

IFSC, Dublin
Paul practises both English and Irish law and specialises in cross border financial services law, online trade and internet law.

Tel: +353 (0) 1 670 2990

Fax: +353 (0) 1 670 2988

Email: pfoley@mckr.ie

Andrew Clarke

Solicitor

IFSC, Dublin
Andrew also advises on corporate structures, mergers and acquisitions, particularly in the Charity sector, company law compliance and corporate governance.

Tel: +353 (0) 1 670 2990

Fax: +353 (0) 1 670 2988

Email: aclarke@mckr.ie