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|

What, Where, When, Why and How of Copyright and Design

Let’s talk Copyright and Designs. Do you have an original product design such as a unique fashion design, a signature furniture design, statement jewellery design or simply a unique packing design for your products? In our fourth lunchtime webinar, attendees will hear from experienced trade mark and patent attorneys about the identification and protection of [...]

2020-10-19T13:49:00+00:00September 15th, 2020|Events|

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|

Protect your trade marks, protect your brand, protect your business!

I enjoy baked beans; on toast, on a baked potato with cheese, with an Ulster fry (I know, sacrilege), in a toastie, and in a myriad of other ways.  But they have got to be Heinz baked beans.  I’ve tried other brands of baked beans but they are just not the same.  When I go [...]

2020-10-19T13:58:11+00:00July 9th, 2020|News|

5 steps to identifying your Intellectual Property

We have been running a series of webinars on the basics of Intellectual Property ('IP') over the past three months here at M&D, and we will round out the series by looking at Design and Copyright in September. In order to help you, we have summarised the key points on the fundamentals of IP in [...]

2020-10-19T14:01:47+00:00July 2nd, 2020|News|

Sky v Skykick – the most important trade mark case in EU in recent years

The Court of Justice of the European Union (‘CJEU’) handed down its eagerly awaited judgement of Case C-371/18 Sky plc et. -v- SkyKick UK Ltd et., on 29th January 2020. In this judgement, the CJEU addressed a number of key issues, namely: the use of specifications covering broad terms such as 'computer software' and whether an [...]

2020-10-19T14:08:45+00:00June 16th, 2020|News|