IP Enforcement

IP enforcement has become much more sophisticated in Ireland with the creation of the Commercial Court in 2004. The Commercial Court handles IP disputes and has rapidly gained an international reputation for dealing with IP disputes, including complex cases, in a speedy manner. PURDYLUCEY's offices are located within 100 meters of the Commercial Court.

The Commercial Court Judge operates a hands-on approach and actively manages the cases directly. The Judges are experienced in Commercial Law and have an understanding of Patent, Trade Mark, Design and Copyright law.

Once proceedings are commenced all parties will be directed to complete pleadings, interlocutory proceedings and matters such as discovery within strictly defined time limits, that are very much shorter than those set in order jurisdictions, and operate within a strict procedural regime. In practice, cases, even very complex ones, tend to be concluded within six to nine months from the date of commencement of the proceedings.

Proceedings can be adjourned for a period of up to 28 days to allow the parties to consider mediation, however only with the consent of all parties involved. Another aspect of the procedure is that all parties must provide for virtually the full evidence to be exchanged in advance of the hearing.

Examples of recent IP cases issued from the Courts in Ireland include:

Patents - Ranbaxy Laboratories Ltd & Ors -v- Warner Lambert Company.

Trade Marks- Compagnie Gervais DANONE V Glanbia Foods Society Ltd.

Design Rights - Karen Millen Ltd. -v- Dunnes Stores & Anor.

In summary, the Commercial Court provides for effective enforcement of IP rights in Ireland that should be considered by IP holders, especially if one is looking for a rapid conclusion to any proceedings taken. At PURDYLUCEY we can provide the expertise and necessary contacts in the legal profession to manage any IP action you may wish to undertake.

If you would like further information on the Commercial Court and enforcing IP in Ireland please contact Michael Lucey or Barry Purdy.