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 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 (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 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.
We advise service providers, manufacturers and individuals including on: