AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

IRLANDE
4. Ayants droit des signes nationaux
a) Ayants droit
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni), but with the following specificities:
– no special provision is made by Irish law for the protection of royal emblems or
arms held by virtue of royal grant;
– foreign and Irish States, municipalities, institutions, societies, bodies corporate and
other persons have the right to authorise or refuse to authorise the registration of
their flags, emblems, badges and similar devices as trade marks in Ireland;
– no-one is accorded exclusive rights to authorise or refuse to authorise the use of the
names or other emblems of public interest associations or of the Irish State or its
government departments and officials.
b) Conditions d’utilisation
(1) Conditions matérielles d’utilisation
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni); the legal conditions for the use of
national insignia are formulated in negative terms and persons wishing to use them are not
subjected to qualitative or quantitative restrictions.
(2) Conditions formelles d’utilisation
The position in Irish law is effectively the same as that prevailing under British law (refer
below, to the national report entitled “Royaume-Uni); no procedures or formalities need to be
respected as a prerequisite to the use of national insignia.
5. Protection du signe national «suisse»
The Swiss national flag and arms (ie. the flag on a heraldic shield) are protected against
registration in Ireland as part of a trade mark. The same is true of the flags, emblems or other
insignia or Swiss Cantons, cities, companies or other persons. Nothing however, prevents the
registration of “Swiss” or “Switzerland” or similar words as part of a trade mark.
There is nothing to prevent anyone who wishes to do so from registering a company or
carrying on a business in Ireland under a name that includes “Swiss” or “Switzerland” or
similar words.
A person who, in Ireland, prepares, offers or sells goods under a description to the effect that
they were produced in Switzerland, or produced, tested or approved by a Swiss entity,
commits a criminal offence if that description is not true. A Swiss competitor, or indeed the
Swiss Confederation, could prosecute such a person in the Irish courts. Alternatively, they
could ask the Irish authorities to commence a prosecution.
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