Ireland

The ongoing turmoil in the Irish economy is undoubtedly one of the biggest factors currently affecting trademark providers. Commentators report an overall increase in litigation as brand owners concentrate on protecting existing IP assets, with the Irish Commercial Court increasingly the preferred forum for trademark disputes. Sweeping legislative changes may also be imminent as the Department of Jobs, Enterprise and Innovation is investigating several areas of IP law. The department’s wide-ranging review of the Copyright and Related Rights Act 2000 will examine the existing copyright regime and make recommendations for reform. In addition, the government is studying a proposed EU directive on the permitted uses of orphan works and considering an amendment to the Irish copyright law that would allow brand owners to seek High Court injunctions against intermediaries whose services infringe copyright. Although there are no current plans to overhaul the trademark regime, practitioners believe that the latest changes have created a conducive environment for trademark providers and clients alike to suggest improvements to other areas of IP law.