IRELAND Law and Practice Contributed by: Philip Tully, Emma Doherty, Alice Duffy, Simon Shinkwin and Marie McGinley, Matheson LLP
Registration There are no registration formalities in Ireland for obtaining copyright protection. Copyright arises auto - matically on the creation of an original work. Enforcement and Remedies Copyright in Ireland is enforced by way of both civil and criminal liability. Copyright holders may bring actions for damages, injunctive relief, search and seize orders, and orders for an account of profits. Infringements that may occur include: • unauthorised copying of the work; • performing the work; • making the work available to the public; and • adaptation of the work. The District Court and the Circuit Court now have jurisdiction to determine intellectual property claims, including claims in relation to copyright infringement. 7.5 Others Databases Irish law provides protection for both original data - bases and “non-original” databases where substantial investment has been incurred in obtaining, verifying or presenting the contents of the database. Original databases are those in which the contents constitute the original intellectual content of the author. The protections for databases under Irish law prevent the unlawful extraction or re-utilisation of a substantial part of the database. Where a copyrighted work is included in a database, copyright will subsist sepa - rately in that work in addition to the database right. The protection of databases under Irish law expires 15 years from the end of the calendar year in which the making of the database was completed, although updated editions of the database may successively attract a new period of 15 years’ protection if a sub - stantial new investment is present. Trade Secrets Irish law provides for the protection of trade secrets. Trade secret protection is afforded without registration and can last without limitation in time, generally as long as confidentiality is maintained.
An unregistered design exists for three years from the date the design is first made available to the public within the EU, where the disclosure could reasonably have become known to those in the sector concerned, operating within the EU. Registration Designs are registered with the IPOI. An examiner will examine the application for compliance with the Designs Act and, if accepted, the design proceeds to registration and is published in the Office Journal. The examiner does not carry out novelty checks on the design applications and the onus is on the applicant to establish the novelty of the design. An application for a Registered Community Design is made with the EUIPO. The EUIPO also does not carry out an exami - nation into the novelty and individual character of the design. Enforcement and Remedies The reliefs available for industrial design infringe - ment include damages, injunctions and orders for an account of profits. An unregistered design does not confer a monopoly, unlike a registered design, and infringement can take place only if copying can be established. 7.4 Copyright Definition Copyright is an intellectual property right which fea - tures mainly in but is not exclusive to the cultural, arts and information technology sectors. It is the legal form of protection used by the creators or authors of such works to protect the tangible form of all or part of their individual works. Irish law specifically recognises copyright in computer software as a literary work. Length of Protection The duration of copyright protection varies accord - ing to the format of the work, but ranges from 50 to 70 years after the death of the author, or publication, recording, transmission or creation. There are some exceptions under Irish law which reflect instances where the wider public interest, or the interests of particular groups, make it necessary to restrict or limit the rights granted to copyright owners.
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