Category: IP General & Misc

Enforcement An EU directive provides for harmonization of the enforcement of intellectual property rights. The purpose is to create a level playing field in relation to such rights. The directive applies to any infringement of intellectual property rights as provided for under EU or national law. It does not affect the substantive intellectual property rights. […]

Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional Specialty Guaranteed. The designation as a TSH boosts farmers income and is seen as positive in maintaining rural areas. The TSGs are recognized at the community level and entered […]

Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not commonplace in the industry. The protection is granted to the person who created the topography subject to them being a person who is […]

Protecting Undisclosed Trade Secrets AN EU directive protects of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure Acquiring a trade secret is considered lawful if it is obtained by: independent discovery or creation; observation, study, disassembly or testing of a product or object that has been made available to […]

Intellectual Property is about protecting the products of intellectual efforts.  It implies that these products are owned by somebody and are worth protecting. Intellectual property will often be a valuable business asset.  Intellectual property can distinguish a business and set it apart from competitors. It is capable of being sold and licensed, thereby providing income.  […]

Nobody has the right to represent his goods and services as those of another. “Passing off” is the right to stop another selling goods or services “on the back” of an established business reputation.  Passing off cases usually relate to the appearance,  packaging, presentation of goods to  customers. A passing off claim involves an application […]

An “non-disclosure” or “confidentiality” agreement is a low cost way of protecting business ideas.  It is a contract with a third party to whom information is to be disclosed to protect against unauthorised disclosure to others or abuse. For example, there may be business idea or product design which it is desired to explore with […]

Unregistered Design Rights Design rights  protect the design, the shape and configurations of articles. Certain design rights arise automatically without registration. Certain other design rights require registration . Unregistered design rights protect functional items. The rights protect three dimensional shapes from copying. The rights arise automatically without registration and the protection is for 10 years. […]

Intellectual property rights are generally limited to the relevant country in which they are registered or created.  Therefore if a business is established and has protection in Ireland, it will not necessarily have the same protection in the United Kingdom. It is generally necessary to register a trade mark overseas in order to gain protection.  […]