Jane Bourke

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Articles

Irish businesses issued stark reminder to conduct thorough trade mark searches

Oct 16, 2024 | pinsentmasons.com | Jane Bourke |Maureen Daly |Aleesha Way |Andrew Mitchell

This especially applies when dealing with marks that have acquired a substantial international reputation before adopting a trade mark. The decision also serves as a stark reminder for Irish businesses to conduct thorough searches before using a trade mark, and to ensure that their mark is sufficiently unique to avoid potential conflicts with other brand owners.
Patent litigation in Ireland: Irish patent system

Oct 3, 2024 | pinsentmasons.com | Jane Bourke |Karen Symms Gallagher |Alasdair Weir |Aleesha Way

It also briefly addresses the potential impact of Ireland’s ratification of the Unified Patent Court Agreement on parties seeking to prosecute or litigate patents in Ireland. Patent administrative functions are dealt with by the Intellectual Property Office of Ireland (IPOI) and the Controller of Intellectual Property (the controller). Patents and Supplementary Patent Certificates (SPC) may be filed in the IPOI.
Bolar exemption update will harmonise EU-wide pharma law interpretation

Jul 3, 2024 | pinsentmasons.com | Jane Bourke |Sarah Power |Attila Bangha-Szabo

On 26 April 2023, the European Commission put forward a legislative package aimed at revising and replacing existing pharmaceutical legislation. Among the objectives is the continued offering of an attractive and innovation friendly framework for research and development and production of medicines in the EU. Included in the package is a draft Directive (2023/0132 (COD)) which proposes to revise the Bolar exemption with the aim of harmonising the application of the exemption across member states.
Irish businesses must act now to navigate the impact of AI and the EU AI Act

Jul 2, 2024 | pinsentmasons.com | Jane Bourke |Karen Symms Gallagher |Adam Cain |Alasdair Weir

AI tools are transforming many aspects of business operations, from intellectual property and data protection to contract drafting and deal making, as well as financial services and employment. They are also affecting a number of sectors, such as the TMT sector, which continue to attract significant investment and play a key role in the Irish economy. The EU AI Act, one of the world’s first comprehensive legal frameworks for AI, will enter into force in the coming weeks.
The legality of screen scraping in Ireland

Mar 20, 2024 | pinsentmasons.com | Jane Bourke |Maureen Daly |Adam Cain |Aleesha Way

The rise of generative AI and the way data is sourced for use by such systems promises to reignite discussion on the topic. Screen scraping is the use by an unrelated third-party meta search site of automated systems or software to extract data from a website for its commercial purposes. Screen scraping can be carried out by anyone, including cyber criminals or by legitimate businesses, such as news sites, financial companies, and online travel agents.
IP rights can help Irish companies scale up their business

Mar 19, 2024 | pinsentmasons.com | Jane Bourke |Maureen Daly |Adam Cain |Alasdair Weir

Possessing IP rights will also enhance the prospects for funding and successful exits. Irrespective of the nature of a business or the sector it operates in, it will possess some form of intellectual property rights.
Irish trade mark ruling provides lessons on brand ownership

Mar 15, 2024 | pinsentmasons.com | Jane Bourke |Maureen Daly |Adam Cain |Aleesha Way

The ruling, which favoured Diesel S.P.A. (Diesel Italy) in its dispute with Montex Holdings Limited (Montex), is the latest in a 30-year saga. As a result of the judgment, the Italian company is entitled to register the trade marks “Diesel” (word) and “Diesel & Logo” (“Device Mark”) in respect of clothing, footwear and headgear in Ireland. Mr Justice Cregan held that Montex had not provided credible evidence of its bona fide ownership of the Diesel mark.
Scraping the surface: the legality of screen scraping in Ireland

Mar 10, 2024 | lexology.com | Maureen Daly |Jane Bourke

IntroductionHistorically, meta search sites have taken advantage of data online through the practise of screen scraping. Generative AI, the new technology on the block, also often relies on web scraping to generate work product. In Ireland, there have been some preliminary findings arising from litigation concerning Ryanair and various comparison online travel agents, but the legal position regarding screen scraping still remains uncertain.
US Court Rejects Copyright Application for "Creativity Machine" AI

Sep 14, 2023 | lexology.com | Jane Bourke |Gerard Kelly

Stephen Thaler claimed his computer system “Creativity Machine” generated a piece of visual art of its own accord. The US Copyright Office (USCO) had initially rejected Mr Thaler's application, as it failed the requirement of human authorship to register copyright in the US. The US District Court for the District of Colombia upheld this decision.
Europe’s Highest Court Gives Louboutin a Shoe-in in Amazon Battle

Mar 6, 2023 | lexology.com | Gerard Kelly |Jane Bourke

The Court of Justice of the European Union (CJEU) found that the term “use” means that the operator of an online marketplace, such as Amazon, is itself using a sign where a third-party offers goods infringing an EU trade mark, on that marketplace. The EU trade mark in dispute is the world-renowned red sole owned by Louboutin.