Intellectual property rights (IPR) protect an undertaking's intangible assets, allowing them to profit from their creative and innovative activities. Ireland has in place a strong legal framework and intellectual property (IP) regime that provides an incentive to invest in the provision of goods and services that result from investment in innovation, design and creativity.
The legal framework for intellectual property rights protection enables enforcement action to be taken, against infringers and counterfeiters who may attempt to take the intellectual creations of others without permission. It is important therefore that the enforcement agencies of the State work together in the fight against intellectual property theft, illegal copying of works and so on.
So why enforce your IP rights?
One of the main objectives of acquiring IP protection is to ensure that the upfront investment in creating the IP will lead to economic reward which tends to give rise to greater levels of innovation. Where individuals and organisations find that others are unlawfully using their IPR, this is referred to as infringement of IP rights. This would include for instance unauthorised manufacturing of a patented technology; or the sale of a similar type of good bearing someone else’s trade mark (counterfeit product); or the distribution of music without the copyright owner’s consent (pirated goods).
Enforcement of IPRs is essential in order to preserve the legal validity of your IP rights, prevent infringement in order to avoid wholesale damage to you and your goods/service including loss of the goodwill and reputation and, to seek compensation for actual damage caused.
Enforcement agencies
The Revenue Commissioners is empowered to take action against infringements of intellectual property rights at points of importation into the State. Revenue is also responsible for liaison and intelligence sharing, with other enforcement agencies, and in particular the National Bureau of Criminal Investigation in An Garda Síochána. An Garda Síochána has a dedicated Anti-Racketeering Unit that deals also with the protection of intellectual property rights within the State such as in the case of illicit pirated and counterfeit goods.
Related websites
European Observatory on Enforcement of Intellectual Property Rights
World Intellectual Property Organisation (WIPO)
Office of the Revenue Commissioners
An Garda Síochána
Toolkit for preventing cyber theft of trade secrets in SMEs
The European Commission has launched a comprehensive cyber-theft prevention toolkit tailored for SMEs. It focuses on empowering SMEs, particularly in high-risk sectors such as energy, biotechnology, transport, defence, and semiconductors, to protect their valuable trade secrets. It includes awareness-raising materials and training courses designed for SMEs to help them better prevent and respond to cyber-attacks.
Preventing cyber theft of trade secrets in SMEs: A comprehensive toolkit - European Commission
The high cost of intellectual property infringement in sports
The EUIPO has launched a campaign which will focus on sports and more specifically on the negative effects of counterfeiting and piracy on the viability of sports and the sport sector:
Foul play: The high cost of IP infringement in sports - EUIPO
European Commission recommends actions to combat counterfeiting and better protect intellectual property rights
The European Commission has adopted the Recommendation to combat counterfeiting and enhance the enforcement of intellectual property rights (IPRs).
The Recommendation provides EU stakeholders and member states with a toolbox to strengthen the EU’s capacity to protect the single market from counterfeiting and piracy. It aims to foster collaboration between rightsholders, intermediaries, and competent authorities in the member states, while encouraging best practices and the use of modern tools and technologies. It consists of strategic initiatives to combat counterfeiting and strengthen the enforcement of IPRs, setting out dedicated tools to increase SME resilience and ability to better protect their intangible assets, including against cyber-theft.
Factsheet
Stepping up the fight against counterfeiting
Further information
Commission recommends actions to combat counterfeiting and better protect intellectual property rights
EU Agorateka initiative
Agorateka (derived from the Greek words Agora which refers to a market place while Tèka refers to a library) is an initiative of the EUIPO (European Union Intellectual Property Office) to promote legal sourcing of various copyrighted content.
Ireland joins EU Agorateka Initiative