IT/ Intellectual Property
Information Technology
As technology grows and improves, the way in which you do business changes greatly. We have come a long way from carrier pigeons, and quill pens and ink. More and more often, people are conducting business transactions on line, over great distances, or they are availing of more and more technology in the workplace.
- Data Protection which is governed by the Data Protection Act in Ireland, and concerns Data Controllers, Data Users, the collection, storage and intended use of sensitive personal data about individuals and companies, and how the law in relation to Data Protection relates to Direct Marketing.
- E-business, E-Commerce, and Electronic Contracts.
- Starting up a Technology Company.
- Domain name disputes.
- Software Companies, Software Design and Licensing, Software and Intellectual Property Law.
- Computer Crime, including Spam, Malicious Software, Computer Viruses and “worm” programs , Computer Hacking, phishing and other forms of Computer Fraud.
If you need advice or have any queries in relation to any of these areas please contact us and REMEMBER YOUR FIRST CONSULTATION IS FREE OF CHARGE
Intellectual Property
Intellectual Property Law refers to the legal property rights which relate to a product of the mind. If you have an Invention, a Trademark, an Industrial Design, or are the Author/Creator of an Artistic Work then you can protect yourself from a third party who may seek to infringe your rights as the owner, author or creator of that work. The area of Intellectual Property Law can be subdivided into separate categories, but each category follows a similar path;
• Firstly, getting the necessary registration or protection in place to give you the exclusive right to make/sell/ produce/ manufacture or export the goods, product or service.
• Secondly, protecting your goods/ products or services from being copied or exploited without your permission, and pursuing any party that does infringe, copy or exploit your goods, products or services.
If you need advice on any of the above matters, please contact us where we are happy to advise. YOUR FIRST CONSULTATION WILL BE FREE OF CHARGE.
Patents
- Have you come up with a product or invention that is new or novel, involves an inventive step and is capable of being applied in an industrial or commercial manner?
- Do you want to protect this invention from being copied or exploited by other parties?
- Perhaps you already have a Patent but you feel that another party is already infringing upon it?
Steen O’Reilly will assist you by offering expert legal advice to help you obtain a Patent that will afford you protection from exploitation ( being copied, sold, imported , exported or used without your permission) in Ireland, across the European Union and even Worldwide. You can apply for and obtain a short term (ten year) or long term (twenty year) Patent in Ireland through the Irish Patents Office.
If you are a patent holder and you feel that your patent is being infringed by another party you can take legal action against that party to protect your property including taking out an injunction against that party to stop them infringing any further, seek damages, an account of loss of profits, a court order that the infringing products be handed over or be destroyed, and a declaration that your product was infringed.
If you need advice on any of the above matters, please contact us where we are happy to advise. YOUR FIRST CONSULTATION WILL BE FREE OF CHARGE.
Trademarks
A trade mark is defined as “the mark or sign (including words, including personal names, designs, logos, letters, numerals or the shape of goods or of their packaging, or of other signs or indications that can be represented graphically) which serves to identify your good, product or service as being a product of your business and it distinguishes your good, product or service from those supplied by other businesses. It acts as a badge of origin and gives your customers a level of assurance and comfort that they want when they choose your good, product or service.”
To protect your business you should register your trade mark to avoid another party using it without permission. After all you are the one who spent your time, energy and resources establishing and marketing your trade mark which is synonymous with your business. If you would like further advice on how to register your trademark please contact Steen O’Reilly who will offer expert guidance every step of the way.
Perhaps you have found out that a rival business has copied your trademark and is exploiting it to their advantage over customers or consumers who think they are using your good or service? You can take legal action to protect your business including seeking an injunction against the infringing party, an award for damages if the other party is found to have infringed your trade mark, an Order from the Courts that the counterfeit goods/ goods bearing the infringing mark be handed over to you, an Order that the goods be destroyed or an Order that the trade mark be removed from the goods in question. If you fear this is the case we can advise you of your options. Please make an appointment to come and meet us.
If you need advice on any of the above matters, please contact us where we are happy to advise. YOUR FIRST CONSULTATION WILL BE FREE OF CHARGE.
Copyright
Copyright is a legal right given to the author or creator of certain types of work. There are several specific categories to which it applies, namely:
- Original literary, dramatic, musical or artistic works,
- Sound recordings, films,
- Broadcasts, cable programmes,
- The typographical arrangement of published editions,
- Computer programmes,
- Original databases.
If you are the creator or author such works then you are most likely entitled to recognition as the owner of the copyright, unless you created the work as part of your employment or you were commissioned to create the work by a third party. If you are the recognised owner then you are entitled to benefit from the fruits of your creative labours and to protect your work from being exploited by another without your express permission. If you are not sure of your legal position, come in to our offices and we will advise and guide you through the legal issues involved and help you to protect your own interests. YOUR FIRST CONSULTATION WILL BE FREE OF CHARGE.
Design
Design refers to the appearance a product as a whole or to the appearance of part of a product. If you have come up with a design that is unique and synonymous with your products, goods or services you should take the necessary steps to protect it from being copied and exploited by other parties. The best way to ensure such protection is to register the design either nationally or across the European Union. Perhaps you have already registered the design and another party is using this design without your permission. If your design is being infringed why don’t you take action now to protect yourself by calling our offices and making an appointment to come and meet with our expert legal team to review your case and advise you of your options? REMEMBER YOUR FIRST CONSULTATION IS FREE OF CHARGE
Useful Links