+353 (0) 1 859 0100
info@mckr.ie

Expertise

Intellectual Property Litigation

MORE INFORMATION

The IP Enforcement Directive >

The eCommerce Directive >

The Irish Commercial High Court >

Arbitration in Ireland >

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
KEY CONTACTS

CONTENTIOUS

Robert Browne

MANAGING PARTNER
Robert advises extensively on all aspects of Banking and Commercial Litigation, Injunctions, Financial Services and Insurance, Corporate and Private Client Litigation.
rbrowne@mckr.ie
+353 1 859 0100
PROFILE >

How can we help?

Our team of Partners, Solicitors, legal experts and support staff is ready to work on your next project. Let's talk soon...
CONTACT US NOW >
arrow-circle-o-downphone-squareenvelopeuserarrow-down-circle linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram