INTELLECTUAL PROPERTY RIGHTS IN IRELAND
First Renewal Term
Subsequent Renewal Term
The Trade Marks Act of 1996 (in force since July 1, 1996) and the Trade Mark Rules 1996, as amended are the primary laws governing the mechanism of trademark registration and protection in Ireland.
For getting a trademark registered in Ireland, an application has to be filed with the Intellectual Property Office, which administers the entire trademark registration process.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
Ireland follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is three (03) months minus one (01) day from publication of the application. Opposition can only be filed on relative grounds, and cannot include absolute grounds as a basis.
In Ireland, the duration of registration of a trademark is ten (10) years from the date of application minus a day as the renewal has to be paid before midnight on the eve of the registration date. The registration is further renewable indefinitely for successive periods of 10 years minus one (01) day each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Ireland is a member of the Paris Convention for the Protection of Industrial Property.
The Patents Act 1992 deals with the mechanism of patent protection in Ireland.
For seeking patent protection in Ireland, an application has to be filed with the Intellectual Property Office, which administers the entire process of patent grant.
In Ireland, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant opposition against a patent is not available in Ireland.
Patents in Ireland are valid for a maximum of twenty (20) years from the date of filing. Annual maintenance payments for Irish patents begin from the third year and are payable on or before the last day of the month in which the date of filing occurred provided that the patent is granted. Annual fees may be paid within four (04) months before the due date or within a grace period of six (06) months along with a penalty.
The Industrial Designs Act, 2001 - governs and deals with the mechanism of registration of industrial designs in Ireland.
For getting an industrial design registered in Ireland, an application has to be filed with the Intellectual Property Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Ireland include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Ireland.
Upon granting, a design patent is valid for five (05) years from the date of registration. No grant fee is stipulated. The 05-year term may be extended for four (04) further periods of five (05) years each if a request is provided and the corresponding fee is paid. So, the effective term of protection is twenty-five (25) years.
A grace period of six (06) months from the due date is also available.
Ireland is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright and Related Rights Act, 2000 - is the basic legislation governing copyright protection in Ireland.
In Ireland, copyright comes into existence as soon as the work is created. There is no formal procedure for registration of a copyright.
The standard copyright protection term lasts for seventy (70) years from the end of the year of death of the author, editor, or creator.
When it comes to films, copyright expires seventy (70) years after the death of the last of the principle director, author of the screenplay or dialogue, and the composer of any original music for the film.