Alistair Payne |

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;
The...

BlogNovember 8, 2019Alistair PayneNo comments Permalink

Plugging the economic value gap

Ireland’s implementation of the much debated Article 17 of the new Copyright Directive

On 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...

BlogNovember 8, 2019Alistair PayneNo comments Permalink

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...

BlogNovember 8, 2019Alistair PayneNo comments Permalink

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 [2019] IESC 65 will be welcome news to SPC holders but alters the field for generic manufacturers as...

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BlogNovember 8, 2019Alistair PayneNo comments Permalink

General Court: imperfect recollection

General Court: imperfect recollection of earlier mark imputes likelihood of confusion, even for specialised and highly attentive public
Celesio opposed registration of CELESON in Class 10 based on earlier mark CELESIO also in Class 10;
Board of Appeal found that there was likelihood of confusion, despite high level of attentiveness of relevant public;
Court agreed,...
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BlogNovember 8, 2019Alistair PayneNo comments Permalink

Modernising Copyright – A Work In Constant Progress!

In March 2018 the Irish Government published a bill that if adopted will implement some of the recommendations of the report of the independent Copyright Review Committee that was published in late 2013. The bill is described in the press release as being “intended to make better provision for copyright and other intellectual property (IP)...
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BlogMay 10, 2018Alistair PayneNo comments Permalink

Blog

The Similarity Threshold For Trade Mark Dilution

The similarity threshold for trademark dilution under Article 8(5) – how low does it go?

Plugging the economic value gap

Ireland’s implementation of the much debated Article 17 of the new Copyright Directive

Regulating Content in our brave new digital world

The wind changes for pharma patent injunctions in Ireland

General Court: imperfect recollection

General Court: imperfect recollection of earlier mark imputes likelihood of confusion, even for specialised and highly attentive public

Modernising Copyright – A Work In Constant Progress!

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