Ireland: World Intellectual Property Day, 26 April 2015

Sunday, 26 April 2015 marks World Intellectual Property Day. The aim of World IP Day is to promote discussion of the role of intellectual property in encouraging innovation and creativity.

Irish Intellectual Property Laws

Ireland has a world class legislative framework for intellectual property and is a member of most international IP conventions and treaties.  Ireland's commercially progressive IP laws govern the four principal IP rights: copyright, trade marks, patents and designs.

The Copyright and Related Rights Acts 2000 to 2007, originally enacted in 2001, are technology neutral to ensure flexibility in dealing with emerging technologies.  That said, in order to ensure Ireland stays at the forefront of copyright, Ireland's copyright laws are currently undergoing a root and branch review to ensure they are up-to-date and balanced in respect of modern technology and innovation.

The Trade Marks Act 1996 implemented European legislation aimed at harmonising trade mark law throughout the EU.  It is also possible to apply for a Community trade mark as well as Irish trade marks.  Ireland has also ratified the Madrid Protocol and it is possible to file an International Registration designating Ireland or from Ireland.  Ireland also has comprehensive laws on the protection of unregistered trade marks under the law of passing off.

The Patents Acts 1992 to 2014 initially brought Ireland into line with the European Patent Convention but most recently, Ireland ratified the London Agreement to reduce translation costs for applicants.

The Industrial Designs Act 2002 modernised Ireland's then antiquated design laws from the last century.  As an EU member, Ireland also has the benefit of registered and unregistered Community designs.

Litigating Intellectual Property Disputes in Ireland  

Ireland is a particularly attractive location for the resolution of intellectual property disputes, as such matters qualify for specialist consideration by the dedicated Commercial Court division. The Commercial Court has specialist judges with vigorous case-management powers and a proven record of speedy and efficient resolution of disputes.  This record compares favourably to any peer jurisdiction, with faster turnaround times than England and Wales and the United States. 

An application for entry to the commercial list will only be granted where the applicant has acted without unreasonable delay, and in actions involving claims valued at not less than €1,000,000 in respect of claims in contract or tort arising out of business transactions, as well as, exceptionally, intellectual property (including passing off) matters irrespective of value. 

Any matter admitted to the commercial list will come before a limited number of specially selected commercial judges with particular experience in commercial matters and/or intellectual property. Bringing a matter in the Commercial Court adds urgency to the matter as the prospect of judicial resolution is accelerated to a timeframe of a number of months, which can be useful in focussing parties' minds on the resolution of the matter.

Ireland has also recently elected (subject to referendum) to establish a local division of the Court of First Instance of the Unified Patent Court  in Ireland.

Arbitration and Intellectual Property Disputes in Ireland

Ireland offers a world class location for arbitrating international disputes following the introduction of the UNCITRAL Model Law (2006 version) by the Arbitration Act, 2010.  There is robust court protection and limited court interference in the arbitration process, both pre and post award. There is a specially designated Arbitration Judge who hears all arbitration-related applications which come before the High Court under Ireland's Arbitration Act 2010. The appointment of this specialised Judge, who is also the head of the  Commercial Court judge ensures a consistency of approach which is to the benefit to all involved in the arbitral process in Ireland.

In addition, Ireland is a signatory to the New York Convention and parties can take comfort from knowing the award will be enforceable in Ireland and will have reciprocal recognition. As regards efficiency, this will always depend on the arbitration procedure agreed between the parties and the selected arbitrator.  However, there is a pool of highly skilled arbitration professionals, in all sectors including intellectual property law, based in Ireland and available to act, and the legal framework provides the parties with flexibility to agree their own procedure.


Ireland is recognised in Europe and around the world as a major inward investment location. Ireland has a leading reputation as an onshore EU OECD white-listed location. It is a key EMEA hub for the financial services, information technology, e-commerce, gaming and pharmaceutical sectors. It has a growing profile as the EU location of choice for holding companies and a location from which to own intellectual property.


The Irish government has prioritised the development of the "smart economy" by placing a strong emphasis on innovation and technological advancement. This is reflected in fiscal policy and incentivisation of economic growth through IP and R&D activities. Ireland has maintained its position as a location of choice for IP and R&D activities with continued investment by multinationals in innovation centres nationwide.

Ireland's IP and tax system are constantly evolving to meet the needs of the international community and continues to enhance its attractiveness to investors worldwide. The interaction of Ireland's new and improved tax regime in respect of IP, the R&D tax credit, low corporation tax rate and modern IP laws and dispute resolution mechanisms gives rise to significant opportunities for multinationals with mobile investment projects wishing to maximise value from their investment. The increased use of Irish special purpose companies to monetise IP receivables provides companies with opportunities to raise finance for other funding e.g. pension deficits etc.

With ever increasing scrutiny being placed on the legal documentation, corporates need to ensure that the documentation is drafted and necessary step plan implemented in such a manner that underpins the international tax and legal structuring. At Mason Hayes & Curran, our highly acclaimed commercial, corporate, IP and tax teams work in conjunction with overseas counsel to meet the requisite commercial goals and drivers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Mason Hayes & Curran
Mason Hayes & Curran
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Mason Hayes & Curran
Mason Hayes & Curran
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions