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Enforcement of IPRs in Ireland


Enforcement of IPRs
Imports from China are the main source of infringing goods. Also, the goods are sophisticated in terms of their counterfeiting nature, which makes it difficult to differentiate between fake and real goods.
Cigarettes, toys, and packaging material are the goods that most often face counterfeiting and piracy in Ireland.
The specific laws include - The Trade Marks Act 1996 as amended (1996 Act), the Trade Mark Rules 1996 as amended (1996 Rules) and Regulation (EC) 207/2009 on the Community trade mark (EU Trade Mark Regulation, as amended), the Patents Act 1992, the Copyright and Related Rights Act 2000, and the Design Act 2001.
Trademarks, patents, copyright, and designs are the different types of IPRs protected by IPR enforcement in Ireland.
It is not necessary; however, it is always preferable to send a cease and desist letter before issuing proceedings and there may be costs consequences in not doing so. Care should be taken while drafting a cease and desist letter to ensure that it does not fall into the "groundless threat" provisions.
Yes, the 1996 Act does not specify a limitation period in respect of trademark infringement actions; however, section 22 of the 1996 Act sets a time limit for certain remedies. For example, there is a time limit of 06 years to apply for the delivery up of infringing goods. The period runs from the date the trademark was applied to the infringing goods/packaging.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
It takes about 02 years on an average.
A) Responsible Authority - High Court of Ireland, Circuit Court
B) Imprisonment Term - Trademarks: up to 06 months for summary conviction and up to 05 years for conviction on indictment; Patents: up to 06 months; and Copyright: up to 12 months on summary conviction and up to 05 years on conviction on indictment.
C) Monetary Fine - Trademarks: up to £1,000 for summary conviction and £100,000 on indictment; Patents: up to £1,000 or at the secretion of the court; Copyright: up to £1,500 for summary conviction and up to £100,000 on conviction on indictment.
It may be excessive in certain cases.
ADR can be invoked voluntarily by agreement of the parties. Additionally, under the Rules of the Superior Courts (RSC), the court can on the application of any of the parties or of its own motion adjourn proceedings (including trademark proceedings) and invite the parties to use an ADR process or where the parties consent, refer the proceedings to such process.
The remedies available under border control measures (customs) in Ireland include the destruction of goods.
The applicant bears the costs of customs intervention during enforcement.
The goods may be subjected to release from detention if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court proceedings
There are none as such.