IRELAND Law and Practice Contributed by: Hannah McLoughlin, Jane Bourke, Karen Gallagher and Kevin Doyle, Pinsent Masons Ireland LLP
11. Appeal 11.1 Appellate Procedure
The timeframe for an appellate court to issue its decision will vary. The appellate courts will consider requests to expedite matters where the rights of the parties risk being prejudiced by continued infringe - ment, such as in cases of irreparable harm.
Appeals on questions of law can be heard from any of the lower courts up to the Court of Appeal and, in limited cases, to the Supreme Court. Appeals lie from decisions of the District Court to the Circuit Court, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal. The Supreme Court is the ultimate appellate court. As discussed in 8.3 Costs of Litigating Infringement Actions , in practice it is likely that an applicant in trade mark or copyright proceedings will avail of the Commercial Court, and proceedings will be issued in the High Court or the specialist Intellectual Property and Technology divi - sion of the Commercial Court. Orders 86 and 86A of the RSC provide for the pro - cedural rules for appeals to the Court of Appeal. To appeal a decision of the High Court or the Commercial Court to the Court of Appeal, the appealing party must lodge a Notice of Appeal within 28 days from the date of the perfected order (the final order of the court) being appealed. The applicant serves the Notice of Appeal on the respondent. The respondent then has 21 days from receipt of the Notice of Appeal to serve a Respondent’s Notice. Orders 58 and 59 of the RSC govern proceedings in the Supreme Court. Where a further appeal to the Supreme Court is sought, leave to appeal is required and will only be granted if the decision involves a matter of general public importance or if it is in the interests of justice. All applications for leave to appeal to the Supreme Court must be brought by lodging a notice in the prescribed form. Applications for leave to appeal are typically made within 21 days of perfection of the Court of Appeal order. A respondent served with a notice of application for leave has six weeks from the date of the perfected order to serve a Respond - ent’s Notice. 11.2 Timeframes for Appealing Trial Court Decisions The applicant has 21 days from the date of the per - fected order to lodge an appeal against a trial court decision. A stay of the appealed order may need to be sought pending the outcome of the appeal.
12. Additional Considerations 12.1 Emerging Issues
One of the most significant emerging issues in Ire - land is the rise of deepfakes, and how to combat the use of deepfakes featuring individuals, often without consent. Ireland does not have a standalone statu - tory personality right, but individuals can rely on exist - ing causes of action such as copyright infringement, defamation (where the deepfake damages reputation), passing off (if the individual can prove they have a reputation and where commercial misrepresentation occurs) and data protection/privacy claims under the GDPR (where personal data is misused). The Protection of Voice and Image Bill 2025 is cur - rently being considered by the Irish legislature. This bill will create specific offences for the misuse of an individual’s name, photograph, voice or likeness, and will provide for related matters. Treatment of AI and Other Emerging Issues by Irish Courts To date, the issues of ownership of AI output and AI infringement have not been considered by the Irish courts, and there are currently no landmark trade mark or copyright decisions or pending cases specifically addressing AI. The Irish courts are bound by decisions of the CJEU, and consider UK decisions as persua - sive in the absence of domestic authority, particularly where Ireland’s trade mark and copyright legislation closely mirrors that of the UK. 12.2 Trade Mark and Copyright Use on the Internet There are no special rules in Irish domestic legislation relating to trade mark and copyright use on the inter - net; parties rely on the provisions of the Trade Marks Act or the Copyright Act in this regard. Online plat - forms’ voluntary compliance mechanisms are typically the first line of defence against online infringement.
231 CHAMBERS.COM
Powered by FlippingBook