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Intellectual Property Law in Ireland, 2nd edition

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Intellectual Property Law in Ireland, 2nd edition

Intellectual Property Law in Ireland, 2nd edition

Written by Robert Clark and Shane Smyth

Your single-source expert guide to intellectual property law. This unique book deals with intellectual property law in its entirety, providing a single, practical and all-embracing information source covering the main aspects of intellectual property law. The expert coverage includes: copyright, trade marks, patents and design law. This new edition is fully updated to the key legislative changes that have taken place in this area of law. These developments include the Copyright and Related Rights Act 2000, Industrial Designs Act 2001, Baby-dry (2002) ETMR 22, Doublemint (2004) RPC 327, Chiemsee (1999) ETMR 585.

Patents: A Brief History and Introduction. 2. The Irish Patent System and International Conventions. 3. The Patents Act 1992 – Patentability. 4. Patents Act 1992 – Acquisition of Patent Rights. 5. Patents Act 1992 – Maintenance and Dealings in Patents. 6. Patents Act 1992 – Infringements and Remedies. 7. Patents Act 1992 – Revocation and Proceedings before the Controller and Courts. 8. Patents Act 1992:Voluntary and Compulsory Licences. 9. Introduction to Copyright. 10. The Copyright Term. 11. Protected Works – Literary and Artistic Works. 12. Protected Works – Non-Berne Works. 13. The Protection of Computer Programs as Copyright Works. 14. Databases. 15. Ownership and Dealings in Copyright Works. 16. Infringement of Copyright and Related Rights. 17. Defences to copyright infringement. 18. Remedies for Copyright Infringement. 19. Moral Rights and the Droit de Suite. 20. Rights in Performances. 21. Copyright – Irish legislative developments past, present and future. 22. Semiconductor Chip Protection. 23. Industrial Designs. 24. The Duty of Confidence. 25. Remedies in Tort. 26. Introduction to Trade Mark Law. 27. Irish Trade Mark Law and International Conventions. 28. The Community Trade Mark. 29. Trade Marks Act 1996 – Registrability. 30. Trade Marks Act 1996: Absolute Grounds for Refusal of Registration. 31. Trade Marks Act 1996: Relative Grounds for Refusal of Registration. 32. Trade Marks Act 1996: Infringement and Remedies. 33. Trade Marks Act 1996: Limitations on Rights Conferred. 34. Trade Marks Act 1996: Registration Procedure and Ownership. 35. Trade Marks Act 1996: Revocation and Invalidity. 36. Certification and Collective Marks. 37. Geographical Indications and Appellations of Origin. 38. Taxation and Intellectual Property Rights. Appendices

Reviews

"The breadth and depth of topics covered in this work are impressive...this book should be purchased by anyone, whether practitioner, inhouse lawyer, academic or student, interested in this increasingly complex area of the law... an excellent second edition of a by-now seminal text"
Jean Kelly, Irish Law Society Gazette, July 2005

Bibliographic detail

ISBN/ISSN: 978 1 84592 020 3
Publication Date: 2005
Format: Hardback
Availability: In Print
List price: €168.00

Hardback - ISBN 978 1 84592 020 3 / 9781845920203 - £112.00 VAT Free

 

Mr Justice Brian McCracken, in his foreword to the 1997 first edition of this work, posited that there might be a prima facie case for professional negligence against any solicitor, barrister, patent or trademark agent who did not have this book in their library. High praise indeed, and it neatly illustrates the place this book has among specialists in this growing area of law.

The law in this area (and the number of practitioners in it in this jurisdiction) has greatly expanded since the first edition. The main copyright legislation in Ireland in 1997 was the Copyright Act, 1963, but this has now been replaced by the gargantuan Copyright and Related Rights Act, 2000, which runs to over 370 sections. The Industrial Designs Act, 2001 also came into force since the last edition, and this is an increasingly commonly used form of protection for clients whose intellectual property does not easily fit into the more traditional categories under Irish law. Ireland has also joined the Madrid protocol, adding to the methods of trademark registration available to Irish clients. All of these new developments are treated in the second edition.

Domain names and the issues that arise with their registration are dealt with in an introductory chapter to trademark law. The dispute resolution procedure introduced by the not-for-profit organisation ICANN for dealing with them is comprehensively examined. It has been successfully (and relatively inexpensively) used by many Irish companies to evict so-called ‘cyber squatters’ from web addresses that are either similar or confusingly similar to their trademarked or used name.

Another topical area this edition gives more space to is the droit de suite that will shortly form part of Irish law. This law, a concept originally taken from French law, will ensure that an artist (or his estate) will have the right to a percentage of re-sale profits from his paintings as his or her reputation (and the price of his or her work) increases. The right would remain for as long as the work was in copyright. Many Irish auction houses and galleries have opposed the introduction of this law on the basis that, as sales outside the EU are not captured by it, it may mean a great deal of Irish art will be sold out of New York to avoid it. Interestingly, a similar right exists in Californian law under its Resale Royalties Act 1977. It was widely hoped (by artists, if not by galleries) that a US-wide federal law would follow, but this has not happened.


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