Category: Intellectual Property

  • Passing Off-Court of Appeal Confirms Test in Galway Free Range Eggs Case

    When it comes the economic tort of  passing off there is an accepted 3 part test which a Plaintiff needs to pass in order to win an intellectual property case involving passing off. The test is as follows: you must prove Goodwill or reputation in a product Misrepresentation by someone which may lead to confusion […]

  • Privacy Statements and Cookie Policies on Websites-the Essentials in Ireland

    Have you noticed those annoying website “cookie” notices popping up nearly everywhere on the  internet? Well, there is good reason for them. They are a legal requirement in Ireland and Europe and breaches of the law covering data protection-the Data Protection Acts 1988 and 2003 and Statutory Instrument 336 of 2011-can lead to fines of […]

  • 5 Illegal Uses of the Internet and How To Combat Them

    The internet has caused a revolution in the way we live and communicate. But businesses can be the victims of illegal activity on the net. What are these illegal activities? What can you do about them if your business is a victim? There are 5 common illegal activities: Hacking Harvesting Hypertext links and “deep linking” […]

  • What Is Intellectual Property and Why Should Your Small Business Care?

    You might have heard the phrase “intellectual property” bandied about. And you might have thought: “well, that doesn’t affect me-it’s only big companies that need to worry about that”. Think again. Intellectual property can, on occasion, be the greatest single asset that a company owns. The growth of the value of intellectual property such as […]

  • How to Protect Your Domain Name(s)

    Your domain name may be one of the most valuable pieces of intellectual property your business has. And protecting your asset is a smart, and essential, strategy. Domain name disputes are becoming an increasing problem for business with the proliferation of website, eCommerce and new businesses going online and trading on the internet. And infringements occur […]

  • Copyright Law in Ireland-A Quick and Easy Guide to Copyright Law

    What is copyright? Can you register copyright? What steps can you take if your copyright has been infringed? Copyright is the legal term, which describes the rights given to authors/creators of certain categories of work. Copyright protection extends to the following works: Original literary, dramatic, musical or artistic works sound recordings, films, broadcasts, cable programmes the […]

  • How to Register a Business Name

    Do you need to register a business name? If so, how do you register a business name? This piece will answer those questions and tell you what forms you will need to register a business name. The registration of a business name is obligatory if any individual or partnership (whether individual or bodies corporate) or […]

  • Passing Off, Counterfeit Goods and Confidential Information-The Essentials

    “Passing off” is a common law tort. (A tort is a civil wrong which can be remedied in the Courts). It generally involves the making of a misrepresentation and there are 5 characteristics of “passing off”. 1.       A misrepresentation 2.      Made by a trader in the course of trade 3.      To prospective customers 4.      Which is […]

  • Trade Marks in Ireland and Community Trade Marks (CTM)-The Facts You Should Know

    Do you have a valuable trade mark? Is someone infringing your trade mark? Are you thinking about registering a community trade mark (CTM)? This  article will look at trade marks, community trade marks (CTM), the benefits of trade mark registration, how to register a trade mark, registered and unregistered trade marks, and more. First: what […]