Intellectual Property Law in Ireland

(Hardback, 5th edition)

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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.

Reviews

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 *

Author Bio

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.