Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Chapter 15 - Enforcement of Intellectual Property Rights in Ireland
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE
A. PRIMARY AND SECONDARY LAW
1. Primary legislation
There is no primary legislation implementing the Enforcement Directive as many of the remedies are already captured in Statute or in the common law (i.e. judge made law).
2. Secondary legislation
The European Communities (Enforcement of Intellectual Property Rights) Regulations, 2006 (SI No 360 of 2006) (the “Transposing Regulations”) transposed Articles 5, 8, 10 and 15 of the Enforcement Directive into Irish law as these measures were not previously provided for under Irish law.
B. TRANSPOSITION ISSUES
Although Ireland transposed Articles 5, 8, 10 and 15 of the Enforcement Directive, it missed the deadline by over two months. However, it is worth noting that very few Member States transposed the Enforcement Directive before the deadline.
The Enforcement Directive requires that EU Member States provide for measures, procedures and remedies to ensure enforcement of intellectual property rights. The measures must be fair and equitable, not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delay. In Ireland, the requirements under Articles 2 and 3 of the Enforcement Directive fell under the jurisdiction of the Courts and did not need any specific legislative measures in Irish law.
The transposition of the Enforcement Directive into Irish law was completed in collaboration with the Attorney General's office. The EU Commission examined the transposition of the Enforcement Directive in all Member States and published a Report on the Enforcement of Intellectual Property Rights in 2010 analysing the transposition and implementation of the Enforcement Directive in all EU Member States. In its Report, the Commission did not raise any issues in relation to Ireland's transposition and implementation of the Enforcement Directive.
C. ASSESSMENT REPORTS ON THE IMPLEMENTATION
The Commission did not raise any issues in its Report in relation to Ireland's transposition and implementation of the Enforcement Directive.
The National Report on the Implementation of Directive 2004/48EC on the Enforcement of Intellectual Property Rights (the “National Implementing Report”) was compiled by the Intellectual Property Unity of the Irish Department of Enterprise, Trade and Employment in March 2009.
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- Publisher: IntersentiaPrint publication year: 2019