Trademark Law, Patent Law, Protection of Designs & Copyright, Intellectual Property Agreements, Intellectual Property Licensing, Transfers, Assignments, the Law of Passing Off
The Law of Intellectual Property covers a wide range of areas such as Trademark Law, Patent Law, Protection of Designs and Copyright, and the law of Intellectual Property Agreements, Intellectual Property Licensing, Transfers, Assignments, and the Law of Passing Off.
If you feel that you may be the owner or proprietor of intellectual property or intellectual property “know how” you should always seek advice on how to best protect your intellectual property, be it by registration, a confidentiality or non-disclosure agreement, by an all encompassing form of Intellectual Property agreement, or some other form that is suitable to your particular circumstances.
At Carter Anhold & Co., Solicitors we have a section of our firm dedicated to Intellectual Property Law, and one of our Solicitors is always at hand to assist you with any query you may have. Our office also has a registered Trademark agent in office to provide Trademark Registration Advice and Registration of Trademark Services.
The Law of Intellectual Property
A trademark is any sign which is capable of being represented graphically which distinguishes the goods and services of one undertaking from that of another undertaking. Therefore any sign that you or your business may have that is distinctive and is capable of being represented graphically may be capable of being registered as a trademark.
At Carter Anhold & Company Solicitors we have a specific section of our firm dedicated to trade mark registration. Whilst unregistered trade mark rights may arise through use of a certain trade mark, registration does in fact give better protection, and makes a specific trade mark right easier to enforce. At Carter Anhold & Company Solicitors we can assist you in registering your trade mark in Ireland, Europe and globally. We also advise on the areas of brand protection, anti-counterfeiting, and applications for actions in customs.
Should you have any queries as to what type of sign or mark can be registered, or queries as to how the registration process works, or in the event that you are the owner or the user of a Trademark and you feel another party is using your mark or a mark confusingly similar to yours please call us at 071-9162211 or make an enquiry at email@example.com.
Carter Anhold & Co, Solicitors is a registered trademark agency office – Our listing on the Trade Marks Agents Register.
Design law mostly relates to the appearance of objects. Designs are capable of protection by registering a design, and in certain circumstances unregistered European design rights arise automatically. At Carter Anhold & Company Solicitors we can advise you on the registration and protection of your designs in Ireland, Europe and beyond and should you be in need of assistance in this area, please feel free to make an enquiry.
A design is the appearance of the whole or part of a product resulting from the features of in particular , the lines, contours, colours, shape, texture, and/or materials of the product itself and/or its ornamentation.
A patent is a monopoly right granted by the state with regard to an invention created. A Patent must be A) New, B) Involve an Inventive Step C) Be Capable or susceptible of Industrial Application and D) must be an invention in order to be patentable.
The law of Patents also involves the areas of “Ideas” and “Know How”. “Ideas” themselves are generally not patentable unless they are capable of industrial application, and “know how” also, unless it is capable of industrial application and includes an inventive step.
“Ideas” and “Know how” can be protected and commercially utilized by means of properly constructed Intellectual Property agreements.
One must remember however that certain inventions are not capable of patentability such as a discovery, a scientific theory, a mathematical method, and aesthetic creation, playing a game, a programme for a computer, or a method of treatment for the animal or human body by surgery, therapy or a diagnostic method amongst others.
Patent registration can be in a number of forms including short term and full term registration, and enforceability of a registered patent is by means of Infringement proceedings.
Copyright is a property right whereby the owner of the copyright in any work may undertake or authorise other persons in relation to that work to undertake certain acts in the state, being acts which are designated as acts restricted by copyright in a work of that description.
Copyright can be transferred, licensed or assigned.
Works capable of being copyrighted are original literary, dramatic, musical or artistic works, sound recordings, films, broadcasts, or cable programmes, the typographical arrangement of published editions and original databases.
There are certain requirements to be met in relation to the author, country, territory, state, or area in which the work seeking copyright protection was first lawfully made publicly available, before a party can establish copyright protection.
Fundamental to establishing copyright protection is the need for the person who has created the material to show that he or she created that work independently, and not simply copied the efforts of others.
The Law of Passing Off
Passing off is when one party seeks to misrepresent his goods or services in the coarse of his trade, to prospective customers, of the other party, and which is calculated to injure the business or the goodwill of that business.
Passing off is a common law concept and has no statutory basis. Passing off is usually litigated through the law of tort where a person or company, may wish to protect the goodwill that they have built up in their business or company, and protecting it from the unfair trading practices of others.
Non Disclosure / Confidentiality Agreements
It is often the case that your ‘idea’ or Intellectual Property ‘know how’ is best protected, for a variety of certain reasons, by either a nondisclosure or confidentially agreement. A party may wish to use a non disclosure or confidentiality agreement due to the urgency of a matter or perhaps registered protection is simply not suitable in the circumstances. In that event, or some other circumstance we are happy to advise you on the issues of nondisclosure / confidentiality agreements.
Should you have a query on any of the above areas please feel free to arrange a consultation with one of our firms Solicitors, call us at 071-9162211 or email us at firstname.lastname@example.org.
Information Technology Law
At Carter Anhold & Co., we practice in a number of specialised areas of information technology law, including advising start up technology companies on fundraising and share subscription and shareholder agreements, domain name disputes and dispute resolution, and commercial utilization of confidential information.
Domain name registration and Domain name disputes
At Carter Anhold & Company Solicitors we are more than happy to assist you on Domain name registration, and the issues surrounding same. It may be the case that a previously registered Domain name is somewhat in conflict with the rights which you have acquired in your business, and in that event we are happy to advise you on all of these areas and the options that may be open to you.
Are you a start-up company, or business?
If you are, and you have an invention or you feel you may have intellectual property which requires protection please feel free to contact us in Sligo on 071-9162211 or email us at email@example.com.
It is extremely important for all new start up businesses, or companies to have their Intellectual Property or potential Intellectual Property properly structured and protected from the outset, and equally to ensure that any name which they propose to trade under is free for their own use and does not infringe on any third party rights.
Contact Carter Anhold Trademark & Intellectual Property Law Solicitors Sligo & Dublin on 071 916 2211.