Crossfire

Matheson’s technology and IP law blog

Protection(ism) of non-agricultural indications of origin

December, 2014

By:

A high water mark of intellectual property policy?  The Green Paper marks the start of the public consultation process on what the Commission has described as “possibly granting EU-wide protection to traditional non-agricultural products rooted in the cultural and historical heritage of particular geographical locations by extending to such products the benefits of geographical indications.” So, what does this mean? Geographical indications The protection of geographical indications (GIs) is long established at a European level for agricultural products, foods and… Read more…

Ireland is to host a local division of the Unified Patent Court

December, 2014

By:

The Government’s rationale for its decision to take this path, instead of opting for a regional division, is to encourage innovation. The idea is that SMEs will be able to take advantage of the new unitary patent right and to resolve unitary patent disputes locally, in a more cost effective manner than might otherwise be the case. This is very good news for business and comes after a concerted lobbying campaign by business and the intellectual property profession to establish… Read more…

The proposed trade secrets directive will make things more complex for Ireland

December, 2014

By:

In May this year, the Council of the European Union agreed in principle with the proposal for a directive on trade secrets (the “Directive“). A draft has been sent to the EU Parliament to begin the lengthy back and forth negotiations that take place at that point in the EU legislative process. The Trade Secrets Directive The Commission initiated the Directive because it believes that the current fragmented system for protection of trade secrets across the EU presents businesses with… Read more…

The CJEU gives its views of the parody exception to copyright

December, 2014

By:

The Court of Justice of the European Union (“CJEU”) recently gave guidance in Deckmyn v Vandersteen (Case C-201/13) as to the meaning of Article 5(3)(k) of the Copyright Directive 2001/29/EC (the “Directive”), which allows member states to provide for a parody exception to copyright. Belgium, where this case originated, has a parody exception enshrined in legislation from 1994, while Ireland has yet to introduce such an exception. Background Mr Deckmyn, a member of the Flemish Nationalist party Vlaams Belang, distributed… Read more…

The common practice for the scope of protection of black and white trade marks

December, 2014

By:

What trade mark owners need to know in Ireland It had been generally accepted in Ireland that the registration of a trade mark in black and white or greyscale (B&W) would provide protection for that mark in all colours. This has now changed as a result of the Common Practice of the Scope of Protection of Black and White Marks (the “Common Practice“), which has been agreed by the trade mark offices of the European Union through the European Trade… Read more…