The areas of intellectual property law to be examined in this article are governed in Ireland by the Patents Act, 1964; Trademarks Act, 1963 and Copyright Act, 1963 (as amended) and by supplemental statutory instruments. Registration of patents and trademarks are administered by the Patents Office under the control of the Controller of Industrial and Commercial Property ("the Controller"). Copyright, in contrast to patents and trademarks, is not registerable. The Patents Office publishes fortnightly the Official Journal of Industrial and Commercial Property ("the Official Journal").
Significantly, this year, the Oireachtas passed the Patents Act, 1992, although it has not yet been brought into force. This piece of legislation represents a major step towards bringing Irish intellectual property law into line with EEC law. It allows for the ratification of the Patent Co-Operation Treaty and the European Patent Treaty. It also provides a framework for the introduction of Community Patents. Before ratification of the Community Patent Convention, however, a constitutional amendment must be passed by a referendum. Rules for the administration of the new patents system have not yet been made. These must be made by Ministerial Order. It is thought that the new system will be in place later this year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Significantly, this year, the Oireachtas passed the Patents Act, 1992, although it has not yet been brought into force. This piece of legislation represents a major step towards bringing Irish intellectual property law into line with EEC law. It allows for the ratification of the Patent Co-Operation Treaty and the European Patent Treaty. It also provides a framework for the introduction of Community Patents. Before ratification of the Community Patent Convention, however, a constitutional amendment must be passed by a referendum. Rules for the administration of the new patents system have not yet been made. These must be made by Ministerial Order. It is thought that the new system will be in place later this year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
