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Intellectual Property

An organisation’s intellectual property (IP) is an intangible asset, which, in today’s digital world, are often more valuable than bricks and mortar resources, and therefore requires robust protection and in the case of an infringement of rights, a rapid response.

Our intellectual property lawyers, led by partner Gríana O’Kelly ,  and Marc Fitzgibbon will give you practical, commercially astute advice on how best to protect your IP, both within Ireland and internationally. 

What is intellectual property?

IP is intangible property which is created by an individual or organisation.  Examples include inventions, art (such as music, books, and films), designs, and trademarks.  Failure to protect IP can result in unfortunate consequences; for example, next time you sing Karaoke, think of the inventor, Daisuke Inoue, who failed to patent the invention and lost out on millions.  And the person who invented the ‘smiley’ emoticon also never protected his work and earned a mere $US45 for his original design.

By registering your IP, you can be confident that others cannot profit from your creativity without paying you for the privilege.  In the case of trademarks, by registering them, you can protect your company’s brand and reputation.

What is an IP infringement?

If you have IP rights in the form of a registered trademark, design right or patent, or through copyright, if someone else uses your IP without permission you can act to enforce your rights. The Copyright and Related Rights Act 2000, the Patents Act 1992, the Trade Marks Act 1996 and the Industrial Designs Act 2001 all contain provisions imposing civil liability on any person or organisation that infringes existing IP rights.

When it comes to IP infringements, time is of the essence.  Our IP lawyers will move fast to make an application for an injunction and bring a claim for damages, or an order to account for profits if appropriate.

Is my IP protected throughout the EU if I register it in Ireland?

If you register your trademark, design right or patent only in Ireland, it will have no enforceable rights in a foreign jurisdiction.  To have protection across all EU Member States, you need to register your IP with the appropriate body such as the European Patent Office or the European Union Intellectual Property Office.

Dublin has been home to the European headquarters of numerous multi-nationals for many years.  Having been an integral legal advisor to Irish businesses for decades, we have a deep understanding of cross-jurisdictional IP issues and will take the time to discover the best protection route for you and then implement the necessary registration.  By taking care of the complexity for you, you can carry on with growing your business, confident your valuable IP is protected.

Why choose Lavelle Partners to advise and represent you in Intellectual Property disputes?

  • We are a partner-led firm, meaning the partner you meet will manage your case and be available to you if you have any questions.
  • Our Solicitors are approachable, intelligent, and pragmatic. 
  • When it comes to commercial law matters, we find out what success means for you and then work tenaciously to achieve your objectives.
  • Our clients remain with us long-term and most of our new clients come to us via referrals.  In addition, most team members have been with the firm for 15-30 years.  We know our clients, their families, and their businesses inside out and this helps us provide exceptional service and gives people confidence in the quality of the advice and representation they receive.
  • Our advice is to the point; we will not ask you to choose between five different options, we will advise which one will protect and promote your best interests.

What our clients say

‘Great breadth of expertise. If a particular partner doesn’t have the expertise then effective handover to the appropriate partner who does. Very much a can-do attitude.’

The Legal 500, 2022

‘Lavelle Partners bring a very partner led and hands on approach to transactions which is why I like using them.’

The Legal 500, 2022

‘Direct and prompt access to the “right” person in the practice was a major feature of the process, particularly as we did not have any internal experience of the process. Lavelle Partners provided us with the advice and comfort we needed to complete the same.’

The Legal 500, 2022

‘Griana O’Kelly has great listening skills, really makes sure she understands the brief before launching into the work … also very open to client input at the drafting stage so that legals reflect the nuances of the commercial arrangements agreed.’

The Legal 500, 2022

‘Griana O’Kelly is very good to deal with and she is very efficient in getting transactions closed.’

The Legal 500, 2022

‘The process was lead by Griana O’Kelly who led her team at all times. It was also very comforting to see that Griana had full oversight of the complete process and her five colleagues who complemented each other in delivering a comprehensive and complete conclusion to the process.’

The Legal 500, 2022

For further information on how we can help you with all intellectual property matters in Ireland and the EU, please contact Marc Fitzgibbon or Gríana O’Kelly, Lavelle Partners, in confidence on (01) 644 5800.

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