July 6, 2020
Data Protection – the Return to Work Safely Protocol
When the Return to Work Safely Protocol was published in May, we outlined the main considerations for employers. You can read this piece here. In this piece, we outlined that...
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.
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.
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.
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.
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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