Intellectual Property Law in Ireland 5th Edition

Author: Robert Clark; Shane Smyth; Niamh Hall
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526532138

Previous Edition ISBN: 9781780435411
Published In: January 2028
Format: Hardback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Chapter 1 Patents: A Brief History and Introduction

Chapter 2 The Irish Patent System, European Patents and International Conventions

Chapter 3 Patents Act 1992 - Patentability

Chapter 4 Patents Act 1992 - Acquisition of Patent Rights

Chapter 5 Patents Act 1992 - Maintenance and Dealings in Patents

Chapter 6 Patents Act 1992 - Infringements and Remedies

Chapter 7 Patents Act 1992 - Revocation and Proceedings before the Controller and Courts

Chapter 8 Patents Act 1992: Voluntary and Compulsory Licences

Chapter 9 An Introduction to and Overview of Irish Copyright: Law and Policy

Chapter 10 The Copyright Term

Chapter 11 Protected Works - Literary and Artistic Works

Chapter 12 Protected Works - Non-Berne Works