NIPC Law

The Four Courts, Dublin Author Jtdirl Released into public domain by the copyright owner Source Wikipedia Supreme Court of Ireland Jane Lambert Irish Supreme Court (Chief Justice Clarke and Justices O'Donnel Donal, McKechnie, Dunne, O'Malley and Iseult) Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd.   [2019] IESC 65, 31 July 2019 This was an unusual appeal in that the discretion of an applications judge and the decision of a majority of the appellate court were second-guessed after the expiry of the intellectual property right upon which the applicant for an interim injunction had relied.  The Supreme Court of Ireland allowed an appeal against the Irish Court of Appeal's decision in  Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd. [2018] IECA 177 to reject an appeal from Mr Justice Haughton's refusal to restrain Clonmel Healthcare Ltd.  from marketing a product that was alleged to have infringed Merck Sharp & Dohme ...

Jane Lambert The answer is very simple.  The laws upon which my clients will rely to protect their intellectual assets  in the future will depend to a large extent on the outcome of those negotiations.  If agreement can be reached on the terms upon which the UK leaves the EU there will be a transition period between 29 March 2019 and 31 Dec 2020 during which long term  arrangements for the future relationship between the UK and EU including the enforcement of intellectual property rights can be negotiated. If agreement cannot be reached there is a danger that important legislation such as   Regulation (EU) No 1215/2012 on jurisdiction and judgments in civil and commercial matters  will cease to apply to the UK after 29 March 2019. At present, negotiations on a withdrawal agreement are finely balanced.  On the one hand, the EU's chief negotiator,Michel Barnier, said we were 80% of the way there in a  p ress statement following ...

Chartreuse Author Jarv Licence Free Art Licence  Source Wikimedia Commons Jane Lambert Patents subsist for 20 years, copyrights for the life of the author plus 70 years but the obligation neither to disclose nor make use of business or technical information that is disclosed in confidence can last indefinitely.  The recipe for Chartreuse is a case in point.  That distinctive liqueur has been emulated and occasionally counterfeited but never replicated. All members of the World Trade Organization are obliged to protect undisclosed information from unauthorized use and disclosure by art 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") but different countries including different EU member states discharge that obligation in different ways. Such differences affect the functioning of the internal market.  To minimize those differences the European Council adopted the trade secrets directive (Dir...