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Intellectual Property Law in Ireland

By: Robert Clark, Shane Smyth, Niamh Hall
Media of Intellectual Property Law in Ireland
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Published: 03-02-2017
Format: PDF eBook (?)
Edition: 4th
Extent: 1100
ISBN: 9781526501134
Imprint: Bloomsbury Professional
RRP: €250.15
Online price : €225.14
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About Intellectual Property Law in Ireland

Intellectual Property Law in Ireland, 4th edition is a detailed guide to patents, copyright and trade mark law. It covers all relevant European legislation and traces its weaving into Irish law. It details European case law together with relevant case law from commonwealth countries, as well as detailing any Irish cases on the three areas and also covers design law. It outlines the workings of the patents, copyright and trade mark offices in Ireland. It is laid out in a practical and user-friendly way, with each section separate, but cross-referenced where necessary.

Since the previous edition, only six years ago, there have been a number of fundamental changes to a number of aspects of intellectual property law, which make this new edition essential. The areas that have been expanded and updated in this edition include:
- The voluminous European case law on IP issues arising since 2010
- The impact of the new EU TRade Mark Regulation No 2015/2424
- Supreme Court decisions on the law of passing off (McCambridge Ltd v Joseph Brennan Bakeries) and unregistered design rights (Karen Millen Fashions v Dunnes Stores)
Along with these, the book looks to future and the developments on the horizon. It tracks the ongoing domestic copyright law and Digital Single Market, as well as discussing the potential benefits of the the Trade Secrets Directive (EU) 2016/943

Table Of Contents

Chapter 1 Patents: A Brief History and Introduction
Chapter 2 The Irish Patent System, European Patents and International Conventions
Chapter 3 Patents Act 1992 – Patentability
Chapter 4 Patents Act 1992 – Acquisition of Patent Rights
Chapter 5 Patents Act 1992 – Maintenance and Dealings in Patents
Chapter 6 Patents Act 1992 – Infringements and Remedies
Chapter 7 Patents Act 1992 – Revocation and Proceedings before the Controller and Courts
Chapter 8 Patents Act 1992: Voluntary and Compulsory Licences
Chapter 9 An Introduction to and Overview of Irish Copyright: Law and Policy
Chapter 10 The Copyright Term
Chapter 11 Protected Works – Literary and Artistic Works
Chapter 12 Protected Works – Non-Berne Works
Chapter 13 The Protection of Computer Programs as Copyright Works
Chapter 14 Databases
Chapter 15 Ownership and Dealings in Copyright Works
Chapter 16 Infringement of Copyright and Related Rights
Chapter 17 Defences to Copyright Infringement
Chapter 18 Remedies for Copyright Infringement
Chapter 19 Moral Rights and the Droit de Suite
Chapter 20 Rights in Performances
Chapter 21 Copyright in the Future
Chapter 22 Semiconductor Chip Protection
Chapter 23 Industrial Designs
Chapter 24 The Duty of Confidence
Chapter 25 Remedies in Tort
Chapter 26 Introduction to Trade Mark Law
Chapter 27 Irish Trade Mark Law and International Conventions
Chapter 28 The European Union Trade Mark
Chapter 29 Trade Marks Act 1996 – Registrability
Chapter 30 Trade Marks Act 1996: Absolute Grounds for Refusal of Registration
Chapter 31 Trade Marks Act 1996: Relative Grounds for Refusal of Registration
Chapter 32 Trade Marks Act 1996: Infringement and Remedies
Chapter 33 Trade Marks Act 1996: Limitations On Rights Conferred
Chapter 34 Trade Marks Act 1996: Registration Procedure and Ownership
Chapter 35 Trade Marks Act 1996: Revocation and Invalidity
Chapter 36 Certification and Collective Marks
Chapter 37 Geographical Indications and Appellations of Origin
Chapter 38 Taxation and Intellectual Property Rights


“An invaluable contribution which fills a huge void in Irish legal literature. In my view there would be a prima facie case of professional negligence against any solicitor, barrister, trade mark or patent agent - perhaps even any judge, if such a cause of action could arise against s judge - who does not have this book in their library” –  Mr Justice Brian McCracken, Foreword, Intellectual Property Law in Ireland

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