Intellectual Property, Ireland

"The team has been described as 'helpful' and have been praised for their 'depth of knowledge'"  - Chambers Europe

Eversheds Sutherland's intellectual property team works closely with clients to develop, protect, promote and enforce their intellectual property rights.

In partnership with our international network of offices we have established a reputation for developing innovative solutions to deal cost-effectively with the challenges facing clients that arise from an ever-changing commercial market. We represent national and multi-national clients in intellectual property disputes and in corporate and commercial matters.

Our lawyers recognise the need to be innovative, client focused, highly responsive to market conditions and competitively priced. We work closely with clients to understand their businesses so that we can ensure they maximise the value of their intellectual property rights. The professional skills and know-how of our lawyers, coupled with commercial acumen, means that we make a real difference to our clients and their success.

Intellectual Property

In an ever-changing commercial market, capturing value from intellectual capital and knowledge-based assets has become increasingly important. Our IP advisers across a network of offices regularly work with clients to assess the true value of clients’ IP portfolio and assets, in addition to identifying any third party rights.

Our lawyers provide strategic advice to clients from a broad range of sectors from the initial stages of corporate transactions, putting in place vital non-disclosure agreements. Working in partnership with our corporate colleagues during transactions, we review IP portfolios to ensure that ownership of these important yet intangible assets are transferred as smoothly as any physical property. Our team has extensive experience in conducting due diligence audits from assessing the strength of potential IP claims against a target company to providing portfolio advice.

The group advises on:

• Exploitation of intellectual property
• Enforcement of intellectual property rights both nationally and worldwide
• Acting in Commercial Court, High Court and Circuit Court intellectual property disputes
• IP audits and due diligence exercises
• Advising on IP portfolio management and development
• Seizure of counterfeit goods

Branding

The branding team works with many leading household names including, retailers, telecoms companies, financial institutions and manufacturers to help develop, promote and protect their brands. We work with brand owners on a full range of branding issues, from portfolio management, advice on the registrability of potential marks, licensing, purchase and Sale of Trade Marks, acting in oppositions to trade mark applications, running enforcement programmes, parallel import matters and domain name issues.

Technology and Patents

Our IP lawyers assist in all aspects of technology, from exploitation (whether through licensing or joint ventures) to enforcement, in Ireland, the UK and worldwide.

We advise on and draft a range of research agreements relating to the creation of IP, as well as partnership and trial agreements where the relevant IP is in regulated market such as healthcare. These range from applied research contracts between industrial companies research under various programmes, such as the European Framework Programmes. We prepare technology licences for the commercialisation of patents, software and other technology, taking into account and advising on the Technology Transfer Block Exemption.

We also act for smaller enterprises which require practical advice within a limited budget. We have a dedicated “start-up” unit with expertise in supporting start-ups and providing advice from start up all the way through to sale, floatation and everything in-between.

When disputes arise, our dedicated IP dispute resolution lawyers act for clients in the Commercial Court, the High Court and the Circuit Courts. We have acted in a number of patent cases including the recent Commercial Court case of Snapcount v Orbiscom Limited.

Internet

Eversheds Sutherland has an international reputation in the field of internet law and we have  experience in and knowledge of the ever-changing online environment. Our advisors regularly assist with issues such as key words, domain name strategies and cybersquatting.

The group advises on:

• Online brand management
• Purchase, sale and registration of domain names
• Online content – copyright, trademark and defamation issues
• Drafting online contracts, terms and conditions,
• Advising on consumer matters

Design & Copyright

Design rights and copyright are important tools to protect interests in a wide range of businesses in many different sectors, including retail, manufacturing, tv and film, music, media, publishing, online providers and software developers.

We advise clients on the different forms of protection which may be available to them to protect the appearance and design of products. We advise clients on the exploitation and enforcement of their copyright and design rights, including the co-ordination of large-scale pan-European enforcement programmes in conjunction with our international network of offices. Recently we have acted for a number of Receivers of pubs, restaurants and hotels in negotiating their music royalty tariffs with IMRO.

The group advises on:

• Acquisition of copyright and design rights, purchase, sale and licensing of copyright and design rights
• The provisions of the Copyright and Related rights act including performers rights and moral rights
• Group licensing schemes
• Copyright content for clients with an online presence
• Representing clients in proceedings before the copyright controller.