Christmas – the Uncle of invention?

Listening to thought for the day on BBC Radio 2, the speaker spoke about the ban on the celebration of Christmas in 17th century England and how mince pies, which were apparently once shaped like, and the size of, cribs were transformed into the small versions we know and love today, making them easier to [...]

2020-12-09T11:00:39+00:00December 8th, 2020|News|

Northern Ireland and Exhaustion of Rights

Due to the Protocol on Ireland and Northern Ireland, Northern Ireland is in the unique position of having access to both the United Kingdom (UK) and European Union (EU) markets, but is our access to the EU market as “unfettered“ as some may suggest? Current goods placed on the market anywhere in the United Kingdom [...]

2020-12-03T10:26:59+00:00December 2nd, 2020|News|

Brexit and Intellectual Property, Part II

Following on from Part I of of Brexit and IP, we will look now at a further range of topics including international trade marks, the ramifications of use, exhaustion of rights, infringements and domains. Additionally we will touch on other types of intellectual property which, other than designs, are largely not affected by Brexit. We [...]

2020-11-10T12:25:31+00:00November 4th, 2020|News|

EPO Oral Proceedings by video conference – a new frontier

It is interesting to note that although the EPO has been providing applicants and their representatives with the opportunity to be heard via video conferencing since 1998, it is the Covid-19 pandemic that has necessitated the provision to be availed by default. A decision to this effect has been implemented from 2 April 2020, thereby [...]

2020-10-15T09:29:49+00:00October 14th, 2020|News|

Patents and Trade Marks in Ireland (Part II)

Having covered in some detail the history of patents in Ireland in early September, we now turn our attention to the history of trade marks, with some further insight into the history of MacLachlan & Donaldson as well. The history of trade marks The history of trade marks is far less documented than that of [...]

2020-10-19T13:42:47+00:00October 6th, 2020|News|

Brompton Bicycle Case – a copyright game-changer?

On 11th June 2020, the Court of Justice of the European Union (‘CJEU’) handed its key decision Brompton Bicycle Ltd. v. Chedech / Get2Get (Case C‑833/18). In this judgment several points are discussed, including the overlap between copyright and design law and whether a mass-produced product such as the Brompton bicycle, with a design which [...]

2020-10-19T13:45:03+00:00September 22nd, 2020|News|

Patents and Trade Marks in Ireland (Part 1)

We've been looking at the history of intellectual property in our trivia posts over the past months, and looking at how it evolved in Ireland. We'd like to share a bit more here on the history of IP in Ireland, for those of us who are history buffs as well as IP experts. Patents and [...]

2020-10-19T13:54:53+00:00August 31st, 2020|News|

The Irish Woman Wasn’t Irish After All

The EUIPO Grand Board of Appeal handed down its decision on April 2020 on an appeal against a declaration of invalidity of a registration for a device mark with the wording ‘La Irlandesa’, shown below. The Board of Appeal held that the mark was deceptive and in bad faith according to Articles 7(1)(g) and 59(1)(b) [...]

2020-10-19T13:57:27+00:00August 18th, 2020|News|
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