Searching Content indexed under Intellectual Property by Mason Hayes & Curran ordered by Published Date Descending.
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Trade Secrets – Make Sure Your Business Isn't Left Behind
The Irish legislation, the European Union (Protection of Trade Secrets) Regulations 2018 (Regulations) came into effect in June 2018.
26 Oct 2018
Article 13 Of The New Copyright Directive Shown A Red Card
On 5 July 2018 627 of 751 members of the European Parliament voted on the proposed Copyright Directive, with 318 voting to reject articles 11 and 13, the link tax and upload filters, respectively.
European Union
11 Jul 2018
Notable IP Cases From 2017
While several of the Irish decisions did not amount to unprecedented changes to Ireland's IP landscape, they did confirm the approach to be taken on many issues.
18 Jan 2018
Further Changes To EU Trade Mark Regime
In March 2016, Regulation (EU) 2015/2424 (Amending Regulation) made significant amendments to the European Union Trade Mark Regulation (Council Regulation (EC) No. 207/2009).
European Union
17 Nov 2017
No Break For Kit Kat As Cadbury Wins Again
In May 2017, the UK Court of Appeal ruled that Nestlé‘s 3D shape mark for the four-fingered Kit Kat product cannot be registered in the UK.
8 Aug 2017
Better Value For Dunnes In Court Of Appeal As High Court Ruling Overturned
Dunnes ran an advertising campaign in the summer of 2013 which claimed that their prices were cheaper than Aldi's prices for 262 separate products.
22 May 2017
Intellectual Property Update: Review 2016
The trend of IP enforcement continues with almost all sectors experiencing some activity. Combined with this, we explore some other interesting developments.
13 Mar 2017
EU Court Answers: When Can You Re-sell Software?
The initial acquirer of a copy of software, in some circumstances, may resell that copy and his licence to a new acquirer.
16 Nov 2016
Business Owners Providing Free Wi-Fi May Be Required To Implement Password Protection
The Court of Justice of the European Union has confirmed that business owners who offer free Wi-Fi are not responsible for copyright infringement carried out by customers using their service.
European Union
24 Oct 2016
Is The Public Lending Of E-Books Similar To Lending Traditional Books?
Whether or not the public lending of e-books is treated, in EU copyright law, in the same manner as the public lending of traditional books has been a relatively contentious topic among EU Member States.
27 Sep 2016
No More Geo-Blocking? European Commission To Tackle Cross-Border E-Commerce Discrimination
In May 2016, the European Commission published proposals to prevent companies and online retailers, who sell in or into the EU, from engaging in ‘geo-blocking' and other geographical restrictions.
7 Sep 2016
Private Copying Levies Cannot Be Paid From Central Government Funds
The CJEU has held that a system in Spain whereby the equitable remuneration payable in respect of private copying paid to rights holders out of the General State Budget is not compatible with EU copyright law.
European Union
30 Aug 2016
IP Infringement In ‘Brick And Mortar' Stores – Landlord Liability?
Currently, it is possible for an IP rights holder to obtain an injunction against an online intermediary whose services are used to sell counterfeit products.
24 Aug 2016
IP Update: Irish Court Of Appeal Confirms Court Ordered Graduated Response System For ISPs
The Irish Court of Appeal has dismissed an appeal against a court ordered or "common law" graduated response, or three strikes, system.
2 Aug 2016
Copyrighting APIs – Google And Oracle Battle It Out
In May 2016, a six-year legal tussle between Google and Oracle entered its final phase when the US District Court for Northern California ruled that Google's use of 37 Oracle Java APIs...
22 Jun 2016
IP Update: Failure To Pay Private Copying Levy Is A Tort
Copyright collecting societies who collect private copying levies can bring non-payment proceedings in their own Member State, rather than suing in the jurisdiction where the person in default of payment is domiciled.
17 Jun 2016
Engaging Interns In Ireland, Part 2 – Interns And Intellectual Property
Part 1 of our Engaging Interns blog highlighted the absence of law clarifying the status of interns in Ireland.
16 Jun 2016
Recent Opinion - Hyperlinking To Unauthorised Content
In a recent opinion of Advocate General Wathelet, hyperlinking to unauthorised content on the internet may not amount to copyright infringement.
European Union
6 Jun 2016
Hyperlinks And Copyright Law – Where Does Responsibility Lie?
In recent weeks, Advocate General Wathelet ("AG") – an independent advisor to the Court of Justice of the European Union ("CJEU") – delivered his Opinion in GS Media v Sanoma.
European Union
3 May 2016
Europe's Highest Court Rules On Registration Of CTM Licences
The Court of Justice of the European Union has recently ruled on whether licensees of a Community Trade Mark need to have registered the licence in the Register of Community trade marks in order to bring an action for infringement of the licenced trade mark.
22 Apr 2016
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