Crossfire

Matheson’s technology and IP law blog

Welcome to Crossfire

This blog is dedicated to technology and IP law. As on-line commerce and activity comes to dominate our daily lives, the conflict between new technologies and the law, national law and the global internet and privacy and the public domain become more and more acute. Whilst the technology is fast moving, the law struggles to keep up and courts end up trying to fit square pegs into round holes in an attempt to fill in the gaps. This blog is our attempt to help to keep you aware of the many new developments in this area as they arise and to encourage a two way dialogue.  We value your comments and interaction and look forward to an insightful and lively debate.

Matheson’s primary focus is on serving the Irish legal needs of international companies and financial institutions doing business in and through Ireland. Our clients include over half of the Fortune 100 companies. We also advise 7 of the top 10 global technology brands and over half of the world’s 50 largest banks.  We are headquartered in Dublin and also have offices in London, New York and Palo Alto.  More than 600 people work across our four offices, including 75 partners and tax principals and over 350 legal and tax professionals.

Plans for US federal privacy laws announced

January, 2015

By:

Speaking at the US Federal Trade Commission, as a precursor to his recent state of the union address, US President Barack Obama announced plans for the introduction of a suite of legislative changes to deal with cyber threats while safeguarding privacy and civil liberties. The primary proposals, which are summarised briefly below, flow from a number of recent work streams including the blueprint for consumer privacy launched in 2012, the BuySecure initiative launched last year and the findings of a… Read more…

The Council of the European Union releases latest draft of General Data Protection Regulation

January, 2015

By:

The legislative process in respect of the proposed General Data Protection Regulation (the “Regulation”) is progressing with the Council of the European Union (the “Council”) releasing the latest version of the draft Regulation on 19 December 2014. Divergence continues to exist between the Council and the European Commission (the “Commission”) and between Member States on a number of issues. An important example of such is in the area of data minimisation. Article 5(c) in the Commission’s text would require personal data to… Read more…

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…