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Intellectual Property: Archived notices

World Intellectual Property Day

World Intellectual Property Day takes place each year on 26 April to help people to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. 

This year’s theme focuses on IP and Youth: Innovating for a Better Future and celebrates the huge potential of young people to innovate and drive change for a better future. 

World IP Day 2022 is an opportunity for young people to find out how IP rights can support their goals; transform their ideas into reality; generate income; create jobs and make a positive impact on the world around them. 

World IP Day Youth Video Competition 

The World IP Day Youth Video Competition was open to anyone aged between 18 and 35 years as an opportunity for young people to show how they can build a better future with innovation, creativity and IP in a 90-second video, along with the chance to win some great prizes. 


Call for evidence: Intellectual property – revised framework for compulsory licensing of patents

The European Commission has published a call for evidence concerning compulsory licensing in the EU. EU countries currently regulate and implement the framework for compulsory licensing of patents in the EU using different, fragmented procedures. This means it is not efficient enough to tackle EU-wide crises.

Also, the efficiency of the current EU procedure on compulsory licensing of patents for export to countries with public health problems (Regulation 816/2006) should be examined. This initiative aims to revise the framework so it is adequately prepared & coordinated to tackle future crises.

Feedback period: 1 April - 29 April 2022

Call for evidence: Intellectual property – revised framework for compulsory licensing of patents


Call for evidence on supplementary protection certificates (SPCs)

The European Commission has published a call for evidence concerning supplementary protection certificates (SPCs). SPCs are intellectual property rights extending patent protection for specific medicinal and plant protection products. While this regime is fit for purpose, differences between EU countries in its administration and enforcement create inefficiencies. This initiative will put in place a unitary SPC and/or a single (‘unified’) procedure for granting national SPCs. This will make SPCs more accessible and efficient, and benefit the health sector.

Feedback period: 8 March - 5 April 2022

Call for evidence: Medicinal and plant protection products – single procedure for the granting of SPCs (europa.eu)


Call for evidence and public consultation on standard-essential patents (SEPs)

The EU Commission has announced a call for evidence and public consultation on standard-essential patents (SEPs).

The EU Commission invites interested parties to express their views and experiences in order to improve the current system, mainly transparency and predictability of the licensing framework. With the call for evidence, the Commission is looking for input on the main problem areas identified with the current licensing framework. In addition, with the public consultation launched in parallel, the Commission seeks to gather views on more specific questions related to SEP licensing and a possible new SEP licensing framework, including regarding its transparency, licensing on fair, reasonable, and non-discriminatory (FRAND) terms and conditions, and the enforcement of such a system.

As announced in the 2020 Action Plan on Intellectual Property, the Commission aims at setting the right condition to have a transparent, predictable and efficient SEP system. The call for evidence and public consultation build on thorough assessments regarding SEPs in recent years, including a number of studies, an expert group on licensing and valuation of SEPs, a 2017 Communication on “Setting out an EU approach to SEPs”  as well as more recent webinars with key actors in the field.

The call for evidence and the public consultation are open until 9 May 2022.


Call for evidence on the EU toolbox against counterfeiting

February 2022

The EU Commission has announced its Call for evidence on the EU Toolbox against counterfeiting. This initiative will clarify the roles and responsibilities of right holders, intermediaries and public authorities.

Feedback and suggestions can be sent by 3 March 2022 and will be used to help create effective tools for public authorities and companies (in particular SMEs) to assist in the fight against counterfeiting.

You can submit your suggestions through the ‘Have your say portal’ using the following link: EU toolbox against counterfeiting (europa.eu)


EU Industry Days – Unlocking the future: EU industrial ecosystems on the path to the green and digital transition

January 2022

The EU Commission will run its annual event EU Industry Days entitled ‘Unlocking the future: EU industrial ecosystems on the path to the green and digital transition’.  The event will take place in Brussels in hybrid format between 8–11 February 2022 and it will stimulate discussions across industrial ecosystems on their green and digital transition, in support of strengthening the resilience of EU companies including SMEs.

The programme will include two sessions designed for creative and innovative SMEs and start-ups that rely on intellectual property protection. These sessions are part of the European Commission’s SME policy on intellectual property.

Unitary Patent System and SME support in the area of intellectual property

A panel discussion on ‘Unitary Patent System and SME support in the area of intellectual property’ will take place on 9 February 2022 from 3.15pm–4.00pm.

New SME Fund – Intellectual property voucher for post COVID-19 recovery and green digital transitions

Meet the Expert session on ‘New SME Fund – Intellectual property voucher for post COVID-19 recovery and green digital transitions’ will take place on 11 February 2022 from 12.45pm–1.30pm.

Register for EU Industry Days now


Launch of European Commission Public Consultation on the Counterfeit and Piracy Watch List

December 2021

The European Commission has launched a public consultation aimed at identifying online service providers and physical marketplaces located outside the EU suspected of engaging in, facilitating or benefitting from substantial IPR infringements, with priority given to piracy and counterfeiting.

Stakeholders are being asked to submit written contributions to the Commission identifying marketplaces and service providers that may fulfil the criteria, for inclusion in the Counterfeit and Piracy Watch List for 2022. Online marketplace operators and service providers are encouraged to report on measures taken to avoid or reduce IPR infringements by third parties on their services and to submit written contributions in which they present actions taken to address IP infringements on their platforms.

The updated “Counterfeit and Piracy Watch List” will be published towards the end of 2022. It aims to identify the most problematic marketplaces and service providers with a view to encouraging operators and owners, local authorities and governments to take the necessary actions to reduce the availability of IPR infringing goods and services.

The consultation is available at Public Consultation on the Counterfeit and Piracy Watch List (europa.eu)

Written contributions and comments can also be made directly to the European Commission via mailbox TRADE-COUNTERFEIT-AND-PIRACY-WATCH-LIST@ec.europa.eu

The deadline for submissions is 14 February 2022.


European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (SI No 567 of 2021)

November 2021

These Regulations, made pursuant to the European Communities Act 1972, transpose Directive 2019/790/EU of the European Parliament and of the Council of 17 April 2019. These Regulations also further amend the Copyright and Related Rights Act 2000 (as amended).

These regulations provide a framework for a more modern copyright legislation that will strengthen the rights and protections afforded to various categories of rightsholders. The provisions reflect technological advances and increased digitisation and provide for wider access and use of copyright protected works to the potential benefit of the creative sectors, press publishers, researchers, educators, cultural heritage institutions, and citizens.

Irish Statute Book: SI No 567 of 2021 - European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021


Launch of WIPO’s IP Diagnostics Resource

September 2021

The World Intellectual Property Organisation (WIPO) has launched a free, comprehensive self-assessment IP Diagnostics tool designed to help small businesses identify their IP assets and determine how to protect, manage and leverage these assets to unlock new commercial opportunities. The questionnaire style assessment allows users to learn the basics of IP by reviewing their own business activities and assets. On completion of the assessment, users will receive a customised report that can be used to begin developing an IP strategy.  

WIPO IP Diagnostics is a useful tool for small businesses to become acquainted with the practical advantages of the IP system. It can also function as a useful resource for business intermediaries who may rely on it to complement their IP advisory services for businesses.

For more information please visit WIPO IP Diagnostics.


World Intellectual Property Organisation (WIPO) Survey on Intellectual Property Support Services to SMEs

6 September 2021

Intellectual Property and Innovation Ecosystem Sector (IES) of WIPO is inviting organisations in Member States acting as intermediaries to SMEs to complete a short online survey on the nature and extent of intellectual property (IP) support services provided by them to businesses and SMEs in particular. Such organisations include government institutions that support SMEs, business associations, chambers of commerce, business support organizations, incubators, technology parks, accelerators, innovation agencies, export development agencies, organizations that support start-ups.

The information collected will be made publicly available in a database which will enable local SMEs to identify sources of support.

The survey is accessible on the WIPO website: Survey on Intellectual Property Support Services to SMEs


EU Directive 2019/790 – Copyright and Related Rights in the Digital Single Market  Information Note for copyright stakeholders and other interested parties

May 2021

The Department of Enterprise, Trade and Employment has produced this Information Note to offer additional clarity on its approach to the transposition of EU Directive on Copyright and related rights in the Digital Single Market (EU) 2019/790.

EU Directive 2019/790 – Copyright and Related Rights in the Digital Single Market – Information Note


European Commission Public Consultation on the revision of the EU legislation on design protection 

May 2021

Delivering on the actions contained in the European Commission’s Intellectual Property Action Plan, the Commission has launched a Public Consultation on the revision of EU legislation on industrial design protection.

The public consultation relates to industrial designs protection, that is, the rights which protect the appearance of a product resulting from its attributes such as shape, colours or materials. The public consultation seeks to obtain views of all those affected by design protection in Europe on selected issues, such as whether rules on spare parts protection should be changed, as well as potential policy options in view of the review of the Community Design Regulation (6/2002) and the Directive on the legal protection of designs (98/71/EC). The review of the rules follows an exhaustive evaluation of the EU legislation on design protection, which was supported by a comprehensive public consultation and two major economic and legal studies. The evaluation indicated that the rules are working well, however, there are certain shortcomings that need to be addressed to modernise the legal framework and make it fit for the digital age.

The Commission invites the views of all interested stakeholders affected by design protection in Europe on potential options for reform of industrial designs protection. While the consultation is directed at a broader public, the reply to certain questions will require legal expertise and experience in the relevant field.

Participants who wish to take part in the consultation should do so by 22 July 2021 by completing the questionnaire available at the following link: Public Consultation on the revision of the EU legislation on design protection 

Any questions regarding the consultation should be submitted directly to the European Commission using the Contact Form on the consultation page. 

Further information about the design protection initiative 

European Commission Public Consultation on EU-wide protection of geographical indications for non-agricultural products

May 2021

Geographical indications (GIs) are names of products which correspond to the products’ geographical national, regional or local origin and/or the producers’ know-how, and thus have the status of intellectual property (IP) rights. They identify a good as originating in a specific place where a particular quality, reputation or other characteristics are essentially attributable to its geographical origin (e.g., Donegal tweed, Murano glass, Solingen cutlery).

There is currently no EU-wide system for protecting the geographical indications of non-agricultural products (such as handicrafts and industrial goods). The European Commission’s Intellectual Property Action Plan announced on 25 November 2020 referred to the Commission’s intention to examine the potential for the creation of an efficient and transparent EU GI protection system for such products.

The European Commission intends to run a thorough assessment of the impact of the potential costs and benefits of creating an efficient and transparent EU geographical indication protection system. The feedback received to the inception impact assessment is complemented by two comprehensive legal and economic studies. The public consultation aims at capturing more detailed views of all relevant stakeholders on the problems related to, among others, the existing legal protection of authentic geographically rooted non-agricultural products within the internal market; the benefits and risks of EU action; and the available policy options, including the control and enforcement of a future EU-protection system for such products.

Participants who wish to take part in the consultation should do so by 22 July 2021 by completing the questionnaire available at the following link: Public Consultation of the EU-wide protection of Geographical Indications for non-agricultural products

Any questions regarding the consultation should be submitted directly to the European Commission using the ‘Contact Form’ on the consultation page.

Further information about the geographical indications initiative


Ideas Powered for Business SME Fund

The Ideas Powered for Business SME Fund is a €20 million grant scheme created to help European small and medium-sized enterprises (SMEs) develop their IP strategies and protect their IP rights, at national or EU level. The scheme is operated by the EUIPO in conjunction with the national IP Offices including the Intellectual Property Office of Ireland.  

Commencing on 1 March 2021, Irish SME’s can receive 50% off the basic application fees of national and EU trade marks and designs. 

IPA4SME – successfully protecting intellectual property  

The IPA4SME programme, which first launched in May 2019, is a European Commission project which has been successfully accompanying small and medium-sized businesses (SMEs) on their path to intellectual property (IP) valorisation, helping them to protect their valuable IP. To date, over 1.000 SMEs from 30 countries have benefited from the programme. 

IPA4SME offers SMEs that have been awarded the Horizon 2020 SME Instrument Seal of Excellence a unique opportunity to acquire IP valorisation and protection by co-financing a range of IP-related services, worth up to €15,000. 

These services include free IP pre-diagnostics, where a verified IP expert provides the companies with a customised report on their IP business strategy and advises on how to exploit their assets efficiently and securely. Beneficiaries can also have their IP protection costs reimbursed, particularly IP attorney and European patent application fees. 

Open call  

The closing date for the eighth cut-off in the current call is 25 February 2021. This is an excellent chance for eligible SMEs to receive up to €15,000 to support their IP strategy or patent registration.

Interested SMEs can apply here

Feedback from beneficiaries in the previous cut-offs has been very positive – they found the action to be an excellent chance to summarise, reflect on and improve their IP strategy. In general, thanks to the programme they are more aware of their IP situation and view the recommendations in the IP Diagnostic Report as critical for their long-term business strategies: Read some of their success stories

Feedback from beneficiaries shows that:

  • 97% of applicants are interested in additional support;
  • 87% of beneficiary SMEs have a better understanding of their IP and its value than before;
  • 90% consider the IP pre-diagnostic report a useful resource; and
  • 91% would recommend the IP pre-diagnostic to other innovative SMEs.

Information on IP valorisation services

IPA4SME also provides detailed information on the different IP valorisation services that are available, in addition to what actions selected beneficiaries should take to access these services: View the webinars

For more information on IPA4SME and its services, visit ipa4sme.eu. To keep up to date on IPA4SME actions and events, make sure to follow the programme on TwitterLinkedIn and Facebook


Commission publishes a new Action Plan on Intellectual Property

25 November 2020

The EU Commission published a new Action Plan on Intellectual Property to help companies, especially small and medium-sized companies (SMEs), to make the most of their inventions and creations and ensure they can benefit our economy and society.

Intellectual property (IP) is a key driver for economic growth as it helps companies to valorise their intangible assets. The Action Plan aims at enabling the European creative and innovative industry to remain a global leader and at speeding up Europe's green and digital transitions. In particular, the Action Plan sets out key steps to improve the protection of IP; to boost the uptake of IP by SMEs; to facilitate the sharing of IP to increase the technological uptake in the industry; to fight counterfeiting and improve the enforcement of IP rights; and to promote a global level playing field. The coronavirus crisis has also highlighted certain dependencies on critical innovation and technologies so the Action Plan addresses these challenges while making sure that critical IP can be made available in time of crisis.

The Action Plan has announced five key areas:

  • Improving the protection of IP
  • Boost the uptake of IP by SMEs
  • Facilitate the sharing of IP
  • Fight counterfeiting and improve enforcement of IP rights
  • Promote a global level playing field

The full action plan ‘Making the most the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’ is available here: Action Plan on Intellectual Property


Artificial Intelligence and Intellectual Property Policy

WIPO is leading a Conversation on Intellectual Property (IP) and Artificial Intelligence (AI) bringing together Member States and other stakeholders to discuss the impact of Al on IP, with a view to collectively formulating the questions that policymakers need to ask.

AI has emerged as a general-purpose technology with widespread applications throughout the economy and society and is having a significant impact on the creation, production and distribution of economic and cultural goods and services. The Conversation on AI and IP policy aims to provide a forum to advance the understanding of the IP issues involved.


Feedback open on the roadmap for the Geographical Indication protection at EU level for non-agricultural products 

On 30 November 2020, the EU Commission opened a feedback period on the roadmap for the Geographical Indication protection at EU level for non-agricultural products. Feedback will be taken into account for further development and fine tuning of the initiative. The Commission will summarise the input received in a synopsis report explaining how the input will be taken on board and, if applicable, why certain suggestions can't be taken up.

Feedback open on the roadmap for the Geographical Indication protection at EU level for non-agricultural products


Commission’s evaluation report in relation to EU legislation on Design Protection

The Commission has concluded an evaluation of EU legislation on design protection. The results presented in the evaluation report, published on 6 November 2020, show that EU legislation on designs works well overall and that it is still broadly fit for purpose. However, the evaluation revealed a number of shortcomings that need to be addressed to make the legal framework fit to support the digital and green transition of EU industry, and to become substantially more accessible and efficient for industries, SMEs and individual designers. These shortcomings include in particular a lack of clarity and robustness of certain key elements of design protection (subject matter, scope of rights and limitations), outdated or overly complicated procedures, inappropriate fee levels and fee structure, lack of coherence of the procedural rules and an incomplete single market for spare parts.

The purpose of the evaluation is to analyse to what extent the current EU legislation on design protection has achieved its objectives in terms of efficiency, effectiveness, relevance, coherence and EU added value. It also provides clear indications of the degree to which that legislation is still considered to be fit for purpose.

The evaluation provides a solid evidence base, allowing to draw conclusions on the impacts of the original objectives and the need for improvements, modernisation and streamlining. Eventually, it may feed into an impact assessment study for a possible amendment of the Directive and the Regulation and/or other targeted initiatives.


European Citizens and Intellectual Property: Perception, Awareness and Behaviour 2020

November 2020 - The European Union Intellectual Property Office has published its IP Perception Study 2020.

This updated major study of how IP rights are perceived by EU citizens is a unique roadmap for all the EU countries when it comes to counterfeiting and piracy attitudes and behaviours. The study shows a gradual but encouraging change in understanding and attitudes, following the previous surveys by the EUIPO in 2013 and 2017.

As in the previous editions, this EU-wide study confirms that the vast majority of citizens agree that it is important that those who invest time and money in innovation have their rights protected.

It is shown that those surveyed are gradually saying that they have a better understanding of IP rights, which is an important finding, given the evidence that those who understand these rights are less likely to deliberately infringe them.


European Commission Targeted Consultation on Article 17 of the New Directive on Copyright in the Digital Single Market (Directive 2019/790/EC)

10 August 2020 - The Directive on Copyright in the Digital Single Market (Directive 2019/790/EC, the ‘DSM Directive’) requires the European Commission to issue guidance on the application of Article 17, in particular regarding the cooperation between online content-sharing service providers and rightsholders. The guidance is intended to reflect discussions that took place at stakeholder dialogue meetings hosted by the Commission in October 2019 and February 2020 at which the views of relevant stakeholders on the main aspects of Article 17 were gathered.

The Commission was unable to continue the stakeholder dialogue process due to the current Covid-19 situation. They would therefore like to gather stakeholder views on a consultation document they have published setting out its initial ideas for Article 17 Guidance.

Targeted consultation on Article 17 of the Directive on Copyright in the Digital Single Market


European Commission Intellectual Property Action Plan 2020

10 July 2020 -The European Commission has published a roadmap for the IP action plan with a feedback period of five weeks. Feedback will be taken into account for further development and fine tuning of the initiative. The Commission will summarise the input received in a synopsis report explaining how the input will be taken on board and, if applicable, why certain suggestions can’t be taken up. Feedback received will be published on the Commission site.

European Commission Intellectual Property Action Plan 2020


Artificial Intelligence and Intellectual Property

On 13 December 2019, the World Intellectual Property Organisation (WIPO) published a ʻDraft Issues Paper on Intellectual Property (IP) and Artificial Intelligence (AI)’.  The Draft Issues Paper can be accessed at www.wipo.int/about-ip/en/artificial_intelligence/call_for_comments/index.html#issues

This document identifies issues arising for IP policies – in particular patents, copyright and related rights, data and designs – in relation to AI, and includes a series of possible questions that could be asked. WIPO has invited WIPO member states and all other interested parties to provide comments and suggestions on the draft issues paper.  Comments are also welcome on any aspect of the IP system that is impacted by AI. Your comments to WIPO should be submitted online at www3.wipo.int/contact/en/area.jsp?area=ai_ip_comments or emailed to ai2ip@wipo.int by Friday, 14 February 2020


Copyright and Other Intellectual Property Law Provisions Act 2019 (Commencement) Order 2019 (SI No 586 of 2019)

The Minister for Business, Enterprise and Innovation, Heather Humphreys TD, signed the Commencement Order for the Copyright and Other Intellectual Property Law Provisions Act 2019 on 26 November 2019. The Commencement Order (SI No 586 of 2019) appoints Monday, 2 December 2019 as the date that the Act comes into operation, other than sections 2(1), 9 and 21. As provided for in Section 1(7) of that Act, these sections will automatically come into operation on the date that is 6 months from the passing of the Act, which is 26 December 2019.

The Act amends the Copyright and Related Rights Act 2000 to take account of certain recommendations of the ‘Modernising Copyright’ report published by the Copyright Review Committee in 2013. The Act makes better provision for copyright and other intellectual property (IP) protection in the digital era and enables rightholders to better enforce their IP rights in the courts. It also includes provisions to take account of certain copyright exceptions permitted by Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Copyright and Other Intellectual Property Law Provisions Act 2019 (Commencement) Order 2019

Further information on the Copyright and Other Intellectual Property Law Provisions Act 2019 


Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 4: Articles 18-23 Fair Remuneration

25 November 2019 - The Department of Business, Enterprise and Innovation opted to conduct a series of public consultations, 4 in total, regarding the transposition into Irish law of the Copyright Directive. Each consultation was allotted 4 weeks to allow for submission from stakeholders and interested parties.

To date the Department has published three consultation papers:

  • Consultation paper No. 1, on Articles 13-17, was published on 25 September and closed on 23 October 2019; 
  • Consultation paper No. 2, on Articles 2-7, was published on 17 October and closed on 14 November 2019; 
  • Consultation paper No. 3, on Articles 8-12, was published on 6 November and is scheduled to close on 4 December 2019.

This consultation paper, the final of the series, is seeking input on the transposition of Articles 18-23. The closing date for submissions to Consultation Paper No 4 is 5pm on Monday, 23 December 2019.

Public consultation (Paper No. 4) on the transposition of Directive (EU) 2019/790 

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 3: Articles 8-11 on Out-of-Commerce Works and Article 12 on Collective licensing with an extended effect

6 November 2019 - The Department of Business, Enterprise and Innovation is publishing a series of public consultation papers regarding the transposition into Irish law of the Copyright Directive. The third in the series of consultation papers is seeking the views of stakeholders and interested parties on the transposition of Articles 8-12 of the Directive.

  • Consultation paper No.1 on Articles 13-17 of the Directive was published on 25 September with the closing date for receipt of submissions of 23 October 2019. 
  • Consultation paper No.2 on Articles 2-7 was published on 17 October with the closing date for receipt of submissions of 14 November. 
  • The final consultation paper in the series will issue at a later date seeking input on the transposition of the fair remuneration provisions (articles 18-23).

The closing date for submissions to Consultation Paper No.3 is 5pm on Wednesday, 4 December 2019.

Public consultation (Paper No. 3) on the transposition of Directive (EU) 2019/790

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 2: Articles 2-7 on exceptions and limitations

17 October 2019 - The Department of Business, Enterprise and Innovation is publishing a series of public consultation papers regarding the transposition into Irish law of the Copyright Directive. The second in the series of consultation papers is seeking the views of stakeholders and interested parties on the transposition of Articles 2-7 of the Directive.

Consultation paper No.1 on Articles 13-17 of the Directive was published on 25 September with the closing date for receipt of submissions of 23 October 2019. Two further consultation papers will issue at a later date seeking input on the transposition of the out-of-commerce works and extended collective licensing provisions (articles 8-12), and the fair remuneration provisions (articles 18-23).

The closing date for submissions to Consultation Paper No.2 is 5pm on Thursday, 14 November 2019.

Public consultation (Paper No. 2) on the transposition of Directive (EU) 2019/790

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 1: Articles 13-17

25 September 2019 - The Department of Business, Enterprise and Innovation intends to publish a series of public consultation papers regarding the transposition into Irish law of the Copyright Directive. The first consultation paper is seeking the views of stakeholders and interested parties on the transposition of Articles 13-17 of the Directive.

Further consultation papers will issue at a later date seeking input on the transposition of the other areas covered by the Directive, namely; exceptions and limitations (articles 3-7), out-of-commerce works and extended collective licensing (articles 8-12), and fair remuneration (articles 18-23).

The closing date for submissions to Consultation Paper No.1 is Wednesday, 23 October 2019.

Public consultation (Paper No. 1) on the transposition of Directive (EU) 2019/790


Copyright and Other Intellectual Property Law Provisions Act 2019 (No 19 of 2019)

9 July 2019 - The Copyright and Other Intellectual Property Law Provisions Act 2019 was signed into law by President Higgins on 26 June 2019.

The Act amends the Copyright and Related Rights Act 2000 to take account of certain recommendations of the ‘Modernising Copyright’ report published by the Copyright Review Committee in 2013. The Act makes better provision for copyright and other intellectual property (IP) protection in the digital era and enables rightholders to better enforce their IP rights in the courts. It also includes provisions to take account of certain copyright exceptions permitted by Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Irish Statute Book: Copyright and Other Intellectual Property Law Provisions Act 2019

Further information on the Copyright and Other Intellectual Property Law Provisions Act 2019


IE domain release

8 May 2019 - The IE Domain Registry is releasing the domain names, post.ie, aero.ie, and coop.ie.

These names are being released following the .ie Policy Advisory Committee’s review of a policy change request to remove a restriction on registering .ie names that match top-level domain (TLD) extensions (such as .post, .aero, .coop).

The Department of Business, Enterprise and Innovation is a member of the .ie Policy Advisory Committee (PAC) and participated in discussions on this matter. The PAC provide advice to the Board of Directors of the IE Domain Registry (IEDR) on policy change requests for Ireland’s Internet top-level domain, .ie. Other stakeholders on the Committee include representatives from business organisations and from the wider Irish internet community. The PAC typically convenes on a quarterly basis to discuss the various policy change proposals under review.

As part of the upcoming domain release, trademark holders will be given the opportunity to register the names before they go on general release.

For further information please visit IE Domain Registry upcoming domain release.


European Union (Trade Marks) Regulations 2018 (SI 561 of 2018) and three other SIs

14 January 2019

  • This is the first major reform of trade mark law in over 20 years
  • The reform will make trade mark registration systems more accessible and efficient for businesses

Dublin, Ireland, Monday, 14 January The Minister for Business, Enterprise and Innovation, Heather Humphreys TD, has introduced an overhaul of Irish trade mark law that will lead to lower costs and increased legal certainty for business. This reform follows an EU Directive which has been transposed into Irish law and is the first major reform of trade mark law in Ireland for over 20 years.

The Directive being transposed into Irish law reforms and modernises the trade mark system in Europe, further harmonises the national laws of EU Member States, streamlines procedures, facilitates cooperation, supports anti-counterfeiting measures and provides up-to-date means by which to protect a trade mark. All this better serves and reflects the modern business environment.

Minister Humphreys welcomed this development and said: “The reforms to Trade Mark system are intended to make national and EU trademark law fit for the challenges of business in the 21st Century. They include a wide range of innovations, both legal and technical, which will mean more efficiency for businesses. In practice, this translates into lower costs, greater predictability and more legal certainty.”

In Europe, a trade mark can be registered at national level at the Industrial Property (IP) offices of Member States, or at EU level as a European Union Trade Mark (EUTM) at the European Union Intellectual Property Office (EUIPO).

While SMEs have become important users of the European system, they still regularly tend to prefer national systems because they may not need their trade mark to be protected at EU level. The introduction of new and amended provisions modernises Irish Trade law and procedures, whilst aiming to achieve greater approximation with the EUTM system and facilitate cooperation between the IP offices of the Member States and the EUIPO.

The Minister for Training, Skills, Innovation, Research and Development, John Halligan T.D. said: “This modernisation of Irish and EU trade mark law is a positive step forward as it aims to ensure that the trade mark system continues to remain effective in meeting the needs of business as technology develops.”

The Statutory Instruments transposing the Directive comes into effect on 14 January 2019.

Further information on the EU Trade Marks Reform package


European Union (Marrakesh Treaty) Regulations 2018 (SI No 412 of 2018)

October 2018 - The European Union (Marrakesh Treaty Regulations) 2018 were signed into law by Minister for Business, Enterprise and Innovation, Heather Humphreys TD,  on 9 October 2018 and came into effect on 11 October 2018.

The Regulations transpose into Irish law EU Directive 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

These Regulations allow for copies of copyright protected works (books, e-books, journals, newspapers, magazines and other kinds of writing) to be made available in accessible formats (e.g. Braille, large print, e-books or audiobook) for the blind, visually impaired, or otherwise print-disabled, without the permission of the rightsholder.

Further information on the EU (Marrakesh Treaty) Regulations 2018  


Public Consultation on measures to further improve the effectiveness of the fight against illegal content online

May 2018 - Commission services have launched a public consultation on “measures to further improve the effectiveness of the fight against illegal content online”.  The deadline to submit replies is 25 June 2018.

The consultation is available at Public Consultation on measures to further improve the effectiveness of the fight against illegal content online

In case of questions please do not hesitate to contact DG CNECT at cnect-consultation-illegal-content@ec.europa.eu.


Entry into force of the EU Portability Regulation on 1 April 2018

April 2018 - The European Commission launched its Digital Single Market Strategy in 2014 and one of the first measures adopted under this strategy was the Portability Regulation. This Regulation will allow EU consumers to have access to their online subscriptions to films, sports events, music streaming service, e-books and video games when travelling within the EU in the same way they access them at home. Up until recently, many online streaming and on-demand services were tailored to individual markets with different content available in each EU Member State. However, under the new rules consumers will be able to log in to their own personal accounts while travelling in the EU and continue to view their favourite movies and television shows as if they were at home.

All providers who offer paid online content services will have to follow the new rules, while providers of free content (such as the online services of public TV or radio broadcasters) will have the possibility to decide to also provide portability to their subscribers. Providers of online content will also benefit from the new rules as it will no longer be necessary for them to acquire licences for other territories where their subscribers are travelling to.

The portability regulation is applicable in all EU Member States from 1 April 2018. Further information on the Regulation can be found on the European Commission website.