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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

‘The team at Lavelle Partners are always available to assist in all matters with a collaborative approach between the respective disciplines.’

The Legal 500, 2021

‘The team is accessible and quick to respond and complete work to deadlines.’

The Legal 500, 2021

‘The team are very approachable and provide a personal service from the managing partner and all the staff we met.’

The Legal 500, 2021

‘Gríana O’Kelly was outstanding. Very knowledgeable about pharmacy transactions.’

The Legal 500, 2021

‘Gríana O’Kelly is an excellent commercial lawyer with experience in a range of different sectors.

The Legal 500, 2021

‘We have worked with Gríana O’Kelly for a number of years and found her to be a good business partner, offering practical advice on any matters.’

The Legal 500, 2021

‘Michael Lavelle and Gríana O’Kelly are the two partners we mainly deal with and both are very committed to providing a professional and relevant service to match our needs.’

The Legal 500, 2021

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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