Last year we reported on the first limb of this litigation, being the unsuccessful application by Gilead for interlocutory injunctive relief to prevent generic versions of the Truvada product from being sold in the Republic of Ireland. Since then generic products have been on the market and the substantive stage of the litigation took place...Read more
General Court’s Multiplus decision
General Court’s MULTIPLUS decision highlights status to be accorded to national registrations in opposition proceedings
- Sona Nutrition opposed the registration of figurative marks containing the element ‘multiplus’ in Class 5 based on the earlier Irish mark MULTIPLUS in the same class;
- The Board of Appeal found that ‘multiplus’ was devoid of distinctive character and, therefore,...
The Similarity Threshold For Trade Mark Dilution
The similarity threshold for trademark dilution under Article 8(5) – how low does it go?
- Volvo opposed registration of V-WHEELS based on earlier VOLVO marks under Articles 8(1)(b) and (5);
- The Board of Appeal found that, as the signs were dissimilar, the first condition of the test under Article 8(5) had not been fulfilled;
Plugging the economic value gap
Ireland’s implementation of the much debated Article 17 of the new Copyright DirectiveOn 17 April 2019 EU Directive 2019/790 on copyright and related rights in the Digital Single Market (popularly known as the “DSM directive” or the “Infosoc Directive”) was adopted. The DSM Directive has been plagued by controversy from the outset...
Regulating Content in our brave new digital world
The viewing habits of consumers have shifted from traditional TV screens to portable devices, particularly among younger generations. The revised Audiovisual Media Services Directive (“the AVMSD”) emerged out of concern for minors and EU member state citizens who are exposed to harmful content online including illegal content and content that contains incitement to hatred, violence...Read more
The wind changes for pharma patent injunctions in Ireland
This is an update on our note last year concerning interlocutory patent injunctions in Ireland. The decision of the Irish Supreme Court on the 31 July 2019 in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd  IESC 65 will be welcome news to SPC holders but alters the field for generic manufacturers as...Read more