BUSINESS BRIEF: IRELAND
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Counterfeiting is an issue that affects many companies within Ireland.
What industries are particularly under threat?
A broad range of industries, but in particular the clothing, perfumery and electronics industries.
What are the best strategies for dealing with the problem?
Filing a customs application with Irish customs or an EU customs application can prevent the counterfeit goods from entering the country. Once an application is in place, customs can detain all suspected counterfeit goods and these goods can potentially be destroyed.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Unlike other IP rights, copyright is an unregistered right. Copyright is not an exclusive right, it protects only against direct copying. Te crucial issue and challenge for copyright owners relates to proving that a substantial part of the work has been taken.
How should people ensure they are protected against copyright infringement?
It is not necessary to register copyright in a work in Ireland as copyright subsists automatically. A copyright notice is not required. It is recommended that notification that copyright subsists be given.
www.worldipreview.com
Carol Gormley is an associate at FRKelly. She can be contacted at:
c.gormley@frkelly.com
Anna Hally is an associate at FRKelly. She can be contacted at:
a.hally@frkelly.com
World Intellectual Property Review Annual 2012 125
What is the best way to deal with infringement, and what are the costs associated with it?
Cease and desist letters may be sent to potential infringers before taking full legal action. Typical costs in the Commercial Court range from €250,000 ($333,000) upwards.
Have there been any changes to the copyright law(s) in the last 12 months?
On February 29, 2012, Ireland passed new legislation that allows copyright holders to force Internet providers to block ‘pirate’ websites. In addition, in 2012 the Irish government will commence a review of Ireland’s copyright legislation.
General
Are there any legislative changes to the IP regime that would make life easier for businesses?
Te Commercial Court, with specialist IP judges, has been in operation since 2004. Tis has assisted greatly in offering a fast (typically six to nine months until a final decision) and effective means of litigating IP matters.
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