1E9Ct5D

ByrneWallace I Why Ireland? A guide to doing business in Ireland I 17Intellectual propertyIntellectual property (IP) is often an organisation’s most valuableasset. For companies with an extensive IP portfolio, Ireland is anideal location for their intellectual property, both from aregulatory / legal perspective as well as a tax perspective. TheIrish legal and tax regimes offer a highly effective and efficientmeans of enhancing research and development opportunitiesfor IP and for exploiting and protecting this intangible asset.The key areas of IP protection availablein Ireland are generally considered tobe patents, trademarks, copyright anddesigns. However, in addition to theseareas, Irish law also effectively protectsother forms of intellectual property, suchas domain names, databases, customerlists and computer software. Ireland alsohas a well developed data protectionand e-commerce regime.ACQUISITION OFINTELLECTUALPROPERTY RIGHTSPatentsPatent protection is a very strong formof protection for inventions, as it offersmonopoly rights to owners of inventionsin a defined territory. The Irish patentsystem is governed by the Patents Act1992 and there are two types of patentprotection available under that Act: (1)a full-term patent and (2) a short-termpatent. The duration of the full-termpatent is 20 years from the date of filing,provided that annual renewal fees arepaid and the patent is not revoked atany stage. The term of a patent can beextended via a supplementary protectioncertificate for a maximum of fiveyears where the patent is for a medicinalproduct for human or animal use or forplant production.products. The period of protection fora short-term patent is 10 years and aswith full-term patents supplementaryprotection certificates may be obtained.Ireland is also a member of theEuropean Patent Organisation and hasratified the Patent Co-Operation Treaty(PCT). When granted, a EuropeanPatent has the effect of a national patentin each of the countries designated. AEuropean Patent designating Irelandtherefore has the same effect as if itwere a full-term patent granted by theIrish Controller of Patents. The PCTprovides a system whereby a singleinternational application allows for thedesignation of some or all thecontracting countries. A PCT applicationrequesting patent protection in Irelandis deemed to be an application for aEuropean patent for Ireland.Trade MarksTrade marks are protected under Irishlaw under the Trade Marks Act 1996 andalso at common law by way of action forpassing off. A trade mark registered underthe 1996 Act confers on the proprietorexclusivity of rights and there is norequirement to prove a reputation inorder to obtain registration.Registration is initially for a period often years (from the date of filing of theapplication) and it can subsequently berenewed every ten years on paymentof the renewal fee, with the potential tolaw indefinitely.Ireland is party to the Community trademark system, and an applicant mayapply through the Irish Patents Officefor a Community trade mark which, ifregistered, will take effect throughoutthe 28 EU Member States. Ireland hasalso ratified the Madrid Protocol whichgoverns international trade mark registrations.An international registrationproduces the same effects as a separateapplication for national registration ofthe mark made in each of the Countriesdesignated by the applicant.DesignsIreland has implemented Europeanharmonising legislation in relation toregistered industrial designs via theIndustrial Designs Act 2001. Registrationconfers an exclusive right to authoriseothers by means of licensing to use thedesign. The legislation provides thata design that is new and has individualcharacter may be registered.