Intellectual Property Law in Ireland provides a comprehensive overview of patents, copyright, and trademark law. It delves into relevant European legislation and its integration into Irish law. The book discusses European case law, including cases from Commonwealth countries, and highlights Irish cases related to these areas. Additionally, it covers design law and outlines the functions of the patent, copyright, and trademark offices in Ireland. The content is presented in a practical and user-friendly format, with separate sections cross-referenced for ease.
The text has been carefully expanded and updated since the previous edition to reflect several fundamental changes to intellectual property law. These include:
· Unitary Patent and Unified Patent Court. · Substantive changes to trade mark law and practice by virtue of European Union (Trade Marks) Regulations 2018 (SI 561/2018), including the introduction of proof of use requirements in Irish trade mark opposition proceedings and the limitation of the own name defence to natural persons. · Changes to patent law and practice, including the introduction of an Irish national phase entry from an International (PCT) Application. · The impact of the Copyright and Other Intellectual Property Law Provisions Act 2019, introducing over 43 changes to key copyright exceptions. Some 34 sections amending patent legislation and 24 new sections on trade mark law were also enacted. · New EU Regulation on the protection of geographical indications for craft and industrial products. · SI 567/2021 makes radical adjustments to liability and other rules relating to Irish law as the DSM Directive transposing measure.
The authors also address updates around consumer protection and competition policy; changing regulatory models (e.g. AI and media regulation); EU Treaty developments arising out of Articles 101 and 102; the Madrid Protocol in 2023 and 2024; as well as commentary on case law from the European and Irish Courts.
This book is included in Bloomsbury Professional's Intellectual Property and IT online service.
Recenzijas
An invaluable contribution which fills a huge void in Irish legal literature. In my view there would be a prima facie case of professional negligence against any solicitor, barrister, trade mark or patent agent - perhaps even any judge, if such a cause of action could arise against a judge - who does not have this book in their library -- Mr Justice Brian McCracken * Foreword to the 1st edition, Intellectual Property Law in Ireland *
Papildus informācija
A detailed and trusted guide to patents, copyright and trade mark law - the fifth edition is eagerly awaited and takes a thematic approach to changing regulatory models.
Chapter 1 Patents: A Brief History and Introduction
Chapter 2 The Irish Patent System, European Patents and International
Conventions
Chapter 3 Patents Act 1992 Patentability
Chapter 4 Patents Act 1992 Acquisition of Patent Rights
Chapter 5 Patents Act 1992 Maintenance and Dealings in Patents
Chapter 6 Patents Act 1992 Infringements and Remedies
Chapter 7 Patents Act 1992 Revocation and Proceedings before the Controller
and Courts
Chapter 8 Patents Act 1992: Voluntary and Compulsory Licences
Chapter 9 An Introduction to and Overview of Irish Copyright: Law and Policy
Chapter 10 The Copyright Term
Chapter 11 Protected Works Literary and Artistic Works
Chapter 12 Protected Works Non-Berne Works
Chapter 13 The Protection of Computer Programs as Copyright Works
Chapter 14 Databases
Chapter 15 Ownership and Dealings in Copyright Works
Chapter 16 Infringement of Copyright and Related Rights
Chapter 17 Defences to Copyright Infringement
Chapter 18 Remedies for Copyright Infringement
Chapter 19 Moral Rights and the Droit de Suite
Chapter 20 Rights in Performances
Chapter 21 Copyright in the Future
Chapter 22 Semiconductor Chip Protection
Chapter 23 Industrial Designs
Chapter 24 The Duty of Confidence
Chapter 25 Remedies in Tort
Chapter 26 Introduction to Trade Mark Law
Chapter 27 Irish Trade Mark Law and International Conventions
Chapter 28 The European Union Trade Mark
Chapter 29 Trade Marks Act 1996 Registrability
Chapter 30 Trade Marks Act 1996: Absolute Grounds for Refusal of
Registration
Chapter 31 Trade Marks Act 1996: Relative Grounds for Refusal of
Registration
Chapter 32 Trade Marks Act 1996: Infringement and Remedies
Chapter 33 Trade Marks Act 1996: Limitations On Rights Conferred
Chapter 34 Trade Marks Act 1996: Registration Procedure and Ownership
Chapter 35 Trade Marks Act 1996: Revocation and Invalidity
Chapter 36 Certification and Collective Marks
Chapter 37 Geographical Indications and Appellations of Origin
Chapter 38 Taxation and Intellectual Property Rights
Dr Robert Clark is a Technology and Life Sciences consultant at Arthur Cox and formerly a professor at University College, Dublin where he researched and taught contract, intellectual property and data protection law.
Shane Smyth is a Solicitor, European Patent Attorney and a Community Trade Mark Attorney with extensive experience in intellectual property, specialising in trade mark, copyright and design, and licensing and assignment of IP. He is a partner at FRKelly, one of Irelands leading IP firms.
Niamh Hall was an accomplished trade mark attorney and solicitor. She was the first woman to serve as president of the Irish Association of Patent and Trade Mark Attorneys (APTMA) and she co-authored a number of IP law textbooks as well as lecturing in IP law at the Law Society of Ireland.
