1.  What are the most effective ways for the owner of an Irish Patent derived from a European Patent to enforce its rights in Ireland? Enforcement of a European patent in Ireland is available only by petition to the High Court in civil proceedings. Infringement proceedings are handled by the Chancery Division of the High [...]

It has been widely reported in the Irish media that the Trade Union Unite is launching a test case in an attempt to force the owners of the Trade Mark WATERFORD to have crystal glass sold under that trade mark made exclusively in Waterford. Some crystal items are still made in Waterford but the vast [...]

A large number of patent applications are filed at the European Patent Office (EPO) for computer implemented inventions – a term defined by the EPO to be “an invention that works by using a computer, a computer network or other programmable apparatus and that to qualify [as a computer implemented invention], the invention also needs [...]

Once a Community Trade Mark (CTM) has been registered for an initial period of five years, the registration may be challenged on the ground that the trade mark has not been put to genuine use within the European Community during a continuous period of five years. In the event of such a challenge, the CTM [...]

The IP Translator case concerned the use of class headings when filing applications to register trade marks. In 2003, the Community Trade Marks Office decided that an application to register a trade mark in a particular class could cover all of the goods or services in that class by reciting the Nice Classification heading (Communication [...]