Anti-Counterfeiting Remedies In Ireland

Carol Plunkett of A & L Goodbody's Intellectual Property Unit outlines Irish law in this area (including Trade Mark legislation which came into effect in July 1996) and discusses remedies which are available.

The most usual method of preventing counterfeit goods from being sold is to rely upon the Intellectual Property Rights which exist in the authentic goods. These can be registered trademarks, copyright, registered design, patent rights, common law passing-off rights. In addition, in recent years, the European Union has recognised the necessity to prohibit the circulation in the Union of counterfeit goods and has brought in Regulations by granting powers of seizure of goods coming from outside the Union to the Customs & Excise.