The IP Enforcement Directive



Because of the disparities between Member States legal systems as regards the enforcing of Intellectual Property rights, the EU recognised many years ago that such disparities made it impossible to ensure an equivalent level of protection for Intellectual Property throughout the Community.

Accordingly in 2004, in order to rectify this, the EU adopted the Directive on the Enforcement of Intellectual Property Rights (2004/48) (IP Enforcement Directive). This Directive was implemented in Ireland by statutory instrument 360 of 2006. The IP Enforcement Directive does not affect member states’ intellectual obligations including those under the TRIPS Agreement.

The Directive additionally does not affect substantive law on Intellectual Property such as that in the Computer Programs Copyright Directive (Directive 2009/24), the eCommerce Directive (Directive 2000/31), the Copyright and Related Rights Directive 2001/29 each of which is implemented in Irish law and which can be relevant to the enforcement of intellectual property rights.

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