Term of Protection The trend over time has been to increase the period of copyright protection and the scope of protected rights. To some extent, this reflects technological developments. The period was 14 years renewable at the beginning of the 18th century. It increased to 28 years renewable in 1814. This is extended further to the life of the author plus 42 years in 1842. […]
Patent Law Patent law rewards the inventor of a novel product or process. It is designed to encourage research and development. The patent gives a monopoly on the exploitation of the invention for 20 years. Each state has its own patent law. There are European Union and Worldwide patent Conventions and Treaties. They are designed to facilitate registration of patents in the European Union and […]
Identifying the Applicant The right to apply for a patent belongs to the inventor or his successor. In common with other property, patents may be co-owned. If the applicant is not the inventor, it must identify the inventor. The inventor must be identified within 16 months of the priority date. Several inventors may be specified. There are procedures for amendments and substitutions of the persons […]
Criteria Short-term patents are more easily and economically obtained. A short-term patent lasts for ten years. The criteria are less onerous than for a full patent. An invention shall be patentable if it is new and susceptible to industrial application, provided it is not clearly lacking an inventive step. The same degree of inventiveness is not required. The application is not examined relative to the […]
Plant Variety Rights There is separate plant variety legislation, which grants patent-like protection. It is based on international Conventions which have recognised plant breeding rights. Plant variety rights cover the genetic engineering of plant material. The legislation protects strains of plants. Significant time and investment may be involved in the production of plant varieties. The plant breeder is given the sole right to produce, market, […]
Person Entitled An application may be made to the court for the resolution of any question relating to the ownership of a patent. The court may make a declaration. Where the court decides that a patent was granted to a person who is not entitled to it, it may make an order for the conditional or unconditional revocation of the patent. They make an order […]
Novelty An invention is not new if it forms part of the state-of-the-art. It must not have been made available to the public, anywhere in the world, prior to filing. There are limited categories of prior non-prejudicial disclosure. The requirement for novelty follows the principle that what is available by way of knowledge to humankind and what follows in an obvious way from it, should not […]
Amendment An application can be made to amend an existing patent specification. In light of the information at hand, it might be necessary to amend the scope of the patent in the event of revocation or threatened revocation. The amendment may not increase the scope of the subject matter disclosed for the protection conferred by the patent. The amendment is presumed to be retrospective to […]
Biological Exclusions Patents are not allowed in respect of plant or animal varieties or essentially biological processes for the production of plants and animals other than microbiological processes. More generally, an invention whose commercial exploitation would be contrary to public order or morality is prohibited. This latter prohibition is narrower than that which is prohibited by law. Methods of medical treatment of humans and animals […]
Period A patent may continue for twenty years, provided the renewal date fees are paid. Under the older legislation, the period of protection was 16 years. It runs from the date the complete specification is filed. This accords with the international period of protection of a patent. There are various bases on which it may lapse or be revoked within this period. Renewal Fees Renewal […]
Contractual & Other Licences The owner of a patent may grant a licence permitting the patent to be used by third parties on the conditions specified. The terms and conditions of the licence will specify what the licensor may or may not do. The licence or should be patent holder is entitled to grant the rights. The right should be amongst those held by the […]
Compulsory Licenses A licence may be sought once three years have passed since the first publication of the patent. The application may be for a licence under the patent or for an entry on the register to the effect that licenses are to be available as of right. Until 2006 the grounds on which a compulsory licence may be granted were broader. A compulsory license may […]
Infringement The Irish courts have jurisdiction to hear actions relating to patent infringements occurring in Ireland. Proceedings may be served on persons outside Ireland if they are infringing a patent within Ireland. A direct infringement involves making, offering, importing, stocking, marketing or using a product that is the subject of a patent. An indirect infringement occurs if a person supplies or offers to supply, the […]
European Patent Convention European Patent Convention 1973 has been ratified by almost 40 states. This includes members of the European Union and some other European countries. The European Patent Convention provides for a single patent application granting patent rights across states that are party to the Convention. There is a European Patent Office. Single filing in the office may lead to a European Patent. Technically […]
Paris Convention Conventions on the protection of patents have existed between states since the late 19th century. The United Kingdom, including Ireland, joined the Paris Convention signed in 1883 the following year. The Paris Convention has been revised on a number of occasions since then. The Paris Convention guarantees that states will not discriminate against nonnationals in the enjoyment of industrial property rights. No requirement […]
Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional Specialty Guaranteed. The designation as a TSH boosts farmers income and is seen as positive in maintaining rural areas. The TSGs are recognized at the community level and entered in a register kept by the commission. There are two […]
Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not commonplace in the industry. The protection is granted to the person who created the topography subject to them being a person who is a national or resident in an EU state. Companies and […]
Protecting Undisclosed Trade Secrets An EU directive protects undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure Acquiring a trade secret is considered lawful if it is obtained by: independent discovery or creation; observation, study, disassembly or testing of a product or object that has been made available to the public or that is lawfully in the possession of the […]
Enhancements EU legislation has provided for various enhancements and harmonization of the rights of various copyright holders. Directive includes extensions in relation legal protection of computer programs. resale rights rental and lending rights relating to copyright in the field of intellectual property. computer programme protection copyright and related rights applicable to broadcast programs by satellite and cable. the term of protection of copyright. legal protection […]
European Trademark The European Community Trademark allows for a single unitary trademark enforceable directly throughout the EU. It is necessary to register the trademark. It may consist of signs capable of being represented graphically, including names, designs, letters, numerals, and the shape of goods or packaging. The signs must be capable of distinguishing the goods and services of one business from that of another. The […]
EU Legislation The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual property protection into information technology and biotechnological areas. The European […]