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.

The CJEU gives its views of the parody exception to copyright

December, 2014


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


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…

The Law Reform Commission commences Public Consultation on Cyber Crime

November, 2014


The Law Reform Commission has commenced a public consultation on an Issues Paper regarding Cyber Crime Affecting Personal Safety, Privacy and Reputation including Cyber Bullying. The Paper examines both the criminal law and civil remedies including “take-down” orders. The Paper asks for views on 5 main proposals: Whether the harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 should be amended to incorporate a specific reference to cyber-harassment, including indirect cyber-harassment ; Whether there should… Read more…

The Microsoft Warrant Case: Not Just an Irish Issue

October, 2014


The District Court for the Southern District of New York has decided that Microsoft Corporation must, pursuant to a warrant, produce to US authorities, content and non-content data relating to an e-mail account (including private emails) of a customer held on a Microsoft server in Ireland. The decision raises significant issues for cloud providers, technology companies, privacy advocates, data protection regulators and governments, not only in Ireland but across the world. The court case has been ongoing since December 2013…. Read more…

EU Data Regulators upping the ante on Search Engines

September, 2014


In a letter, dated 23 September 2014, to Larry Page, Chief Executive Officer of Google, data and privacy regulators from countries across the European Union (“EU”) (the “Regulators”) have requested that Google revises its privacy policies in order to make them easier to find and understand. The Regulators have requested that Google makes available exhaustive lists of what data it holds and processes, in order to comply with EU law. Google received the package of recommendations from the Article 29… Read more…