Overview of the Legal Framework

Ireland’s intellectual property framework is primarily based on the following legislation and regulations:

• Trade Marks Act 1996, as amended (including SI No. 561 of 2018);

• Patents Act 1992, as amended (most recently 2019);

• Industrial Designs Act 2001;

• Copyright and Related Rights Act 2000;

• Regulations on Geographical Indications and Unfair Competition.

Competent authority:

• IPOI (Intellectual Property Office of Ireland) — the national authority responsible for the registration and examination of trade marks, patents and industrial designs.

Ireland is an EU Member State and a contracting party to WIPO, the EPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS.

International Cooperation and Regional Integration

• Ireland participates in EU, EPO, WIPO, PCT, Madrid, Hague and TRIPS frameworks;

• National registrations complement EU-wide registrations (EUTM and RCD) obtained via EUIPO;

• Layered protection can be achieved through EPO patents, EU trade marks and designs via EUIPO, and international registrations via WIPO;

• The national strategy “Ireland IP Strategy 2030” focuses on digitalisation of IP services and strengthening innovation-driven growth.

Trademark System

Filing Routes

• National trade mark applications may be filed directly with IPOI for protection in Ireland only;

• Protection throughout the European Union can be obtained by filing an EU trade mark (EUTM) via the EUIPO, which automatically extends to Ireland;

• Ireland can also be designated via the Madrid System (Madrid Protocol) for international registrations.

Classification

• Ireland applies the Nice Classification for goods and services;

• Both single-class and multi-class applications are accepted.

Examination Procedure

• Formal examination: approximately 1–2 months from filing;

• Substantive examination: typically around 6–8 months;

• Opposition period: third parties may file oppositions within 3 months from the date of publication.

Use and Renewal

• Registration term: 10 years from the filing date, renewable indefinitely in further 10-year periods;

• Non-use for a continuous period of 5 years may result in revocation for non-use.

Examination Features

• Examination languages: English or Irish;

• The examination focuses on distinctiveness, absolute grounds and conflicts with prior rights;

• Registration of collective marks and certification marks is available.

Patent System

Types of Protection and Term

• Standard Patent: protection for 20 years from the filing date, subject to payment of annual renewal fees;

• Short-Term Patent: protection for up to 10 years from the filing date.

Examination Mechanism

• Standard patents are subject to a full substantive examination of novelty, inventive step and industrial applicability;

• Short-term patents are examined only on formal requirements, with a more limited assessment of substantive issues;

• The typical overall examination period is approximately 2–4 years for standard patents.

International Routes

• Ireland is a contracting state to the European Patent Convention (EPC): patents granted by the EPO may be validated in Ireland;

• Ireland is also a PCT contracting state: international applications may enter the national phase in Ireland or the regional phase via the EPO.

Key Features

• Examination language: primarily English;

• The first-to-file principle applies to determine priority between conflicting applications;

• Granted patents must be maintained through timely payment of annual renewal fees;

• Patent bibliographic data and status are generally synchronised with the EPO online systems;

• In the pharmaceutical and plant protection sectors, Supplementary Protection Certificates (SPCs) may be available to extend protection beyond the basic patent term.

Industrial Design Protection

Legal Basis

• Industrial Designs Act 2001.

Scope of Protection

• The appearance of the whole or a part of a product, resulting from features such as lines, contours, colours, shape, texture or materials, and/or ornamentation;

• Applies to designs for both industrially produced and handcrafted products.

Term of Protection

• Initial registration term of 5 years from the filing date, renewable in further 5-year periods up to a maximum of 25 years.

Examination Procedure

• Examination period is typically around 3–6 months from filing;

• Examination language: English;

• Only formal examination is carried out; creativity and individual character are not fully assessed at the registration stage and may be tested in enforcement proceedings.

Key Features

• One registration is effective throughout the territory of Ireland;

• Applicants may alternatively obtain protection for the whole EU by filing a Registered Community Design (RCD) with the EUIPO, which automatically covers Ireland;

• Ireland is a member of the Hague Agreement, allowing international registration of industrial designs designating Ireland via WIPO.