Trade Marks & Copyright 2026 Comparisons

The key Irish statutes that govern trade marks and copyright are the Trade Marks Act, 1996 (as amended) (the “Trade Marks Act”) and the Copyright and Related Rights Acts 2000 (as amended) (the “Copyright Act”).

Ireland is a common law jurisdiction, and unregistered trade marks are protected through the tort of passing off. To succeed in an action for passing off, a claimant must provide evidence of all the elements of the following three-part test:

• goodwill in the goods or services;
• misrepresentation causing deception; and
• damage (or likelihood of damage) to the claimant’s goodwill.

The following international treaties protect foreign IP rights in Ireland:

• the Paris Convention;
• the Madrid Protocol;
• the Berne Convention; and
• the TRIPS Agreement.

The following EU legislation protects foreign IP rights in Ireland:

• the EU Trade Mark Regulation (EUTMR);
• EU copyright directives; and
• EU Customs Regulation 608/2013.

Section 6(1) of the Trade Marks Act is non-exhaustive in terms of what can be registered as a trade mark. The following may be registered as trade marks:

• word trade marks;
• figurative trade marks;
• figurative trade marks with word elements (“combined” trade marks);
• shape marks;
• colour marks;
• sound marks;
• motion marks;
• multimedia marks;
• pattern marks;
• position marks;
• hologram marks;
• certification marks;
• collective marks;
• series of trade marks; and
• trade dress (goodwill can be protected, whether registered or unregistered).

Trade marks containing emblems of the Irish State (such as the national flag and the harp) or any public institution, and marks closely resembling these emblems, are protected by Section 9 of the Trade Marks Act. Section 46 of the National Lottery Act, 2013 protects goodwill in the terms “National Lottery” and “Irish National Lottery” in line with Clause 7 of the National Lottery Licence.

Ireland can protect famous foreign trade marks that are not yet used or registered in Ireland, but only where they qualify as a well-known mark under international treaties. Ireland does not have a broad famous marks doctrine like the US, but it does follow the well-known marks rule under Article 6bis of the Paris Convention and Article 16(2) of the TRIPS Agreement.

In order for a trade mark to qualify for protection in Ireland, it must:

• be a sign capable of clear representation;
• be capable of distinguishing goods/services;
• be distinctive (inherently or through acquired use);
• not be descriptive or generic;
• not be deceptive, immoral or contrary to public policy;
• not consist exclusively of prohibited shapes;
• not have been filed in bad faith;
• not conflict with earlier marks or rights; and
• be associated with correctly classified goods/services.

Trade mark owners must show that the sign has gained recognition by a significant proportion of its relevant market to prove acquired distinctiveness. In order to be distinctive, the use of the mark in the course of trade must identify its origin and not be descriptive. The following factors should be considered when assessing whether a trade mark has gained acquired distinctiveness:

• the date on which the mark was first used;
• details of the first and current use of the mark and the goods and services it is used on;
• the geographic region in which the mark is used;
• details of how the mark has been advertised and marketed since it was first used;
• details of the amount of money spent on advertising and marketing;
• details of turnover relating to goods and services bearing the mark; and
• examples of how the mark is used.

The rights of Irish trade mark owners are statutory, not common law based (unlike passing off). They arise automatically once a mark is registered, and are codified in the Trade Marks Act. The key rights are as follows:

• the exclusive right to use the mark;
• the right to prevent unauthorised third-party use of the mark;
• the right to sue for infringement;
• the right to assign the mark; and
• the right to license the mark.

Registered trade mark rights persist throughout the term of a mark so long as the mark remains valid, registered and in genuine use, and is not revoked or cancelled.

Trade marks must be used in the “course of trade”. Examples of use in the course of trade include:

• placing the trade mark on the goods or their packaging;
• offering the goods for sale, placing the goods on the market under the trade mark, or supplying the goods with the mark;
• importing or exporting the goods with the mark;
• using the trade mark on business documents or marketing tools; and
• using the trade mark as a business name or as part of a business name.

Trade mark owners may use the TM symbol upon filing their application and the ® symbol following registration. There is no obligation to use either symbol, but it is preferable to do so as it puts third parties on notice that a trade mark exists.

In Ireland, a trade mark can also be protected by copyright or related rights, provided it meets the requirements of copyright law. Trade mark registration does not prevent a work from simultaneously enjoying copyright protection, and both systems can operate in parallel.

There is no restriction on the use of surnames as trade marks in Ireland. Whilst no case law on the use of a surname as a trade mark has been determined in Ireland and it is not addressed in the relevant legislation, caution would need to be applied where an existing surname is in use. In O’Neills Irish International Sports Company Ltd v O’Neills Footwear Dryer Company Ltd [1997] IEHC 75, the renowned sporting brand O’Neills was granted an injunction based on its unregistered rights to prevent a defendant from using his own surname on sports drying equipment. Moral rights are more commonly dealt with under copyright law in Ireland.

There is no limit to the scope of Irish trade mark laws based on copyright or related rights. The two regimes operate independently, and copyright does not override or restrict trade mark protection.

Section 17(2) of the Copyright Act provides that the following works are eligible for copyright protection in Ireland:

• original literary, dramatic, musical or artistic works;
• sound recordings, films, broadcasts or cable programmes;
• the typographical arrangement of published editions; and
• original databases (where substantial investment has been made in obtaining, verifying or presenting the content).

Industrial designs are not protected by copyright in Ireland. They are protected by designs rights, which are provided for by the Industrial Designs Act, 2001 (as amended). However, it is arguable that design elements such as drawings, patterns and decorative elements might be protected by copyright where they qualify for copyright protection (see 3.2 Essential Elements of Copyright Protection).

In order to qualify for copyright protection, a work must:

• fall into one of the protected categories under Section 17(2) of the Copyright Act;
• be fixed in a tangible form (ideas, thoughts, concepts, principles and facts are not protectable by copyright); and
• be original, meaning it must result from the author’s own intellectual creation.

Authorship

Section 21 of the Copyright Act deals with authorship. In Ireland, “author” means the person who creates a work and includes the following:

• in the case of a sound recording, the producer;
• in the case of a film, the producer and principal director;
• in the case of a broadcast, the person making the broadcast or in the case of a broadcast that relays another broadcast by reception and immediate retransmission, without alteration, the person making that other broadcast;
• in the case of a cable programme, the person providing the cable programme service in which the programme is included;
• in the case of a typographical arrangement of a published edition, the publisher;
• in the case of a work that is computer-generated, the person by whom the arrangements necessary for the creation of the work are undertaken;
• in the case of an original database, the individual or group of individuals who made the database; and
• in the case of a photograph, the photographer.

Non-Human Authorship

European copyright law requires a protected work to reflect the author’s own intellectual creation, based on free and creative choices made by a human. This human authorship requirement underpins whether any work qualifies for copyright protection. The Copyright Act provides that an author of a work that is computer-generated is the person who creates the work and the person who undertakes the arrangements necessary for the creation of the work.

The question of authorship of works created by a non-human has not been dealt with by legislation, nor considered by the courts. Given that EU law requires that the standard of originality is the author’s own intellectual creation, it is generally assumed that such a work will be treated as being computer-generated, so authorship will be assigned to the person who made the necessary arrangements for the creation of the work.

Joint Authorship

Under Irish copyright law, a work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other authors. Joint authors enjoy the same economic and moral rights as individual authors.

A film is considered a work of joint authorship unless the producer and the principal director are the same person. Similarly, a broadcast is considered a work of joint authorship if more than one person makes the broadcast and the contribution of each person is not distinct from that of any of the others involved in making that broadcast.

Ownership percentage between joint authors is not expressly addressed by statute in Ireland and is generally dealt with by way of written agreement between the parties.

Copyright protection in Ireland grants owners a suite of economic and moral rights.

Pursuant to Section 37 of the Copyright Act, the owner of copyright has the right to prevent others from copying the work, making the work available to the public or making an adaptation of the work, without the owner’s permission.

Copyright owners also enjoy the following moral rights:

• paternity right – the right to be identified as the author;
• integrity right – the right to object to derogatory distortion, mutilation or modification of the work; and
• false attribution right – the right not to have a work falsely attributed to him or her as author.

Moral rights are provided for in Chapter 7 of the Copyright Act.

Terms of Protection

• Literary, dramatic, musical and artistic works: life of the author + 70 years.
• Films: 70 years after the death of the last of the principal director, the author of the screenplay, the author of the dialogue and the author of music specifically composed for use in the film.
• Sound recordings: 50 years after the recording is first made available to the public, or 70 years after the recording is made if the recording was created on or after 1 November 2013.
• Broadcasts and cable programmes: 50 years from the date of first lawful transmission.
• Computer-generated works: 70 years from when the work is first made available to the public.
• Typographical arrangements: 50 years from the date the work is first made available to the public.

Termination of Copyright in Ireland

The limited circumstances in which an owner may lose their copyright under Irish law are as follows:

• when copyright expires – as above, the copyright term can vary depending on the type of work;
• when copyright is legally assigned by the owner to someone else – this must be done in writing; and
• when the owner’s rights are waived – this only applies to moral rights and must be done in writing. A waiver of moral rights by one joint author does not affect the other author(s).

In accordance with Section 175 of the Copyright Act, and the Copyright and Related Rights (Register of Copyright Licensing Bodies) Regulations, 2002, the Controller of Intellectual Property (“the Controller”) must maintain a Register of Copyright Licensing Bodies. The following bodies are on the list as at the date of writing:

• the Association for the International Collective Management of Audiovisual Works;
• the Artists Collecting Society;
• the Authors’ Licensing and Collecting Society Ltd;
• Christian Copyright Licensing International Limited;
• the Design and Artists Copyright Society Ltd;
• the Irish Copyright Licensing Agency CLG;
• the Irish Music Rights Organisation;
• the Irish Visual Artists Rights Organisation;
• the Mechanical Copyright Protection Society (Irl) Ltd;
• Motion Picture Licensing Company International DAC;
• Newspaper Licensing Irl Ltd;
• NLA Media Access Limited;
• Phonographic Performance Ireland CLG;
• Soundreef International Limited; and
• Writers Services (Rights Management) CLG.

In accordance with Section 280 of the Copyright Act and the Copyright and Related Rights (Register of Licensing Bodies for Performers’ Property Rights) Regulations, 2008, the Controller must also maintain a Register of Licensing Bodies for Performers’ Property Rights. At the time of writing, the only body on this list is Recorded Artists Actors Performers CLG.

Right holders transfer the management of their rights to a collecting society, which administers those rights on their behalf. These organisations handle a range of services for both rights-holders and users, including issuing licences, managing royalty income, distributing payments, and enforcing rights where necessary. Collecting societies play a crucial role, especially in situations where negotiating individually with each creator would be impractical or too costly. They also help to protect and promote cultural diversity by ensuring that smaller or less commercially prominent repertoires can access the market.

There is no registration system for copyright protection in Ireland. Copyright arises automatically on the creation of an original work, so there is no legal requirement in Ireland to use the copyright symbol ©. However, using the © is recommended as it puts others on notice of the rights-holder’s rights and helps to deter infringement.        

There is no registration system for copyright protection in Ireland, so there is no application process.

There is no registration system for copyright protection in Ireland, so there is no prospect of a refusal of registration.

Creative works such as logos, artwork, packaging and symbols may attract both trade mark and copyright protection if they meet the legal criteria for both. The overlap occurs when a creative work also serves to identify goods or services and therefore qualifies for trade mark protection.

There is no provision under Irish copyright law which suggests that dual copyright and trade mark protection restricts copyright protection in any way.

There is no legal obligation to register a trade mark in order to obtain rights. Unregistered rights can arise from using a mark in the course of trade. These rights are protected by the common law action of passing off.

However, there are many legal benefits associated with obtaining a registered trade mark, including:

• statutory exclusive rights;
• a clear, official public record of ownership;
• enhancement of legal remedies;
• the ability to monetise a mark through assignments/licences;
• indefinite protection (once renewed every ten years); and
• strategic commercial value.

The Intellectual Property Office of Ireland (IPOI) maintains a national trade mark database, which is publicly available and can be searched by anyone.

It is common practice to search for prior registered trade marks and to carry out desktop searches before applying to register a trade mark. Both the national trade mark database and the European Union trade mark database should be searched. The national trade mark database contains details of all trade mark applications filed with the IPOI and includes details of international registrations designating Ireland under the Madrid Protocol. The European Union trade mark database, TM View, contains details of all applications for the registration of European Union trade marks filed with the EUIPO.

In Ireland, trade mark rights last for an initial period of ten years from the filing date and can be renewed indefinitely for successive ten-year periods by paying a fee, ensuring perpetual protection as long as the mark is used and renewed. However, a trade mark may be vulnerable to challenge and possible revocation if it has not been put to genuine use for an uninterrupted period of five years, or if its use has been suspended without a valid justification.

A lapsed trade mark may be revived in certain circumstances, as follows.

• If the owner misses the renewal deadline, a late renewal period applies. During this time, the owner may still renew the registration upon payment of additional fees.
• If the mark is not renewed within the permitted renewal/late‑renewal period, the IPOI will remove it from the Register. However, a proprietor may apply for restoration of a removed trade mark, subject to filing a restoration request, paying prescribed fees, and satisfying the Controller that the failure to renew was unintentional or occurred despite due care. The Controller has discretion, and restoration is not automatic.

A valid Irish trade mark application must contain:

• the applicant’s name and address;
• details of the applicant’s legal representative;
• a representation of the mark;
• the type of mark being filed;
• a list of goods and services for which the mark is applied, classified according to the Nice Classification;
• details of any rights of priority (if applicable); and
• a declaration and signature.

The filing fees for an Irish trade mark are as follows:

• initial application fee (one class): EUR70;
• each additional class: EUR70;
• if successful, registration: EUR177;
• renewal for one class (after ten years): EUR50; and
• renewal for each additional class (after ten years): EUR125.

Individuals and companies can apply for trade marks in Ireland.

Foreign applicants must engage an appropriate legal representative in Ireland. This can only be an Irish Registered Trade Mark Agent, solicitor or barrister, or a person qualified to act on behalf of another before their own National Intellectual Property Office (within the EEA).

Prior commercial use is not a legal requirement to obtain a registered trade mark in Ireland.

As part of the examination process, the IPOI carries out searches of the national and European trade mark databases for similar or identical marks. These searches include registered marks and pending marks with an earlier filing date.

An applicant can withdraw its application or restrict the goods or services covered by the application, at any time, by notice in writing. An application may be amended so long as the amendment does not substantially affect the identity of the trade mark or extend the goods or services covered by the application. In particular, amendments can be made to correct the name or address of the applicant, errors of wording or obvious mistakes.

It is possible to divide a trade mark application in Ireland, whereby the applicant is allowed to split a single application into two or more separate applications. The applicant files a request for division with the IPOI. Each divisional application receives a new application number and its own processing. A divisional application is typically made where some goods/services face objection but others do not, or where the applicant wants to expedite registration for certain classes while resolving issues with others.

If the incorrect information relates to the name or address of the applicant, errors of wording or copying, or obvious mistakes, an applicant may make an application for amendment. Classes included in error may also be removed. Any changes beyond this, and in particular those that substantially affect the identity of the trade mark, are not permitted.

Section 8 of the Trade Marks Act sets out the absolute grounds for refusal of a trade mark, as follows:

• marks that do not meet the criteria to qualify as a trade mark;
• marks devoid of any distinctive character;
• descriptive marks;
• marks that have become generic;
• shape marks where:
1. the shape results from the nature of the goods themselves;
2. the shape is necessary to obtain a technical result; or
3. the shape gives substantial value to the goods;
• marks contrary to public policy or morality;
• deceptive marks;
• marks prohibited by law; and
• applications for marks made in bad faith.

If a trade mark examiner raises an objection on either absolute or relative grounds, an examination report will be issued to the applicant, who will be given three months within which to respond.

Ireland participates in the Madrid Protocol, which requires that an international application must be based on a national trade mark application or registration filed through the IPOI, which is known as the “Office of Origin”. Only a person who is a national of Ireland, or is domiciled or has a real and effective industrial or commercial establishment in Ireland, has the right to file an international application using the IPOI as the Office of Origin.

Third parties may oppose a trade mark registration within three months of publication of an accepted trade mark in the Official Journal. At any stage during the opposition proceedings, if the parties jointly request it, the Controller will grant a stay in the proceedings for a minimum period of two months and a maximum period of one year from the date of the request, for the express purpose of allowing for the possibility of an amicable resolution.

There is no statutory limitation on the time limit within which to file a revocation action for a trade mark. Non-use arguments in a trade mark revocation action may only be used five years after publication.

As there is no copyright register in Ireland, it is not possible to file a revocation action.

A trade mark application may be opposed on relative grounds. These grounds are based on the existence of earlier conflicting rights and are as follows:

• the existence of an earlier identical trade mark registered for identical goods or services;
• the existence of an earlier similar trade mark registered for identical or similar goods or services where there is a likelihood of confusion;
• earlier unregistered rights (actionable under the law of passing off); and
• earlier well-known marks.

The remedies for revocation of a trade mark in Ireland are:

• full or partial removal from the national register;
• retroactive revocation, as if the mark never existed (for invalidity actions only);
• cessation of exclusive rights; and
• costs order (in certain circumstances).

There is no mechanism for revoking copyright in Ireland.

Ireland does not have US-style administrative “expungement” or “re‑examination” procedures where the IPOI re‑examines use‑based claims after registration.

In Ireland, any person or legal entity who holds an earlier right may file a trade mark opposition, provided they do so within the three-month opposition window after the application is published in the IPOI Official Journal. The IPOI does not require opponents to instruct an Irish solicitor in order to file an opposition.

Please see 4.4 Application Requirements regarding the IPOI filing fees. The key official fees for opposition and revocation in Ireland are as follows:

• application fee to revoke a mark: EUR125;
• application fee to invalidate a mark: EUR125; and
• application for a hearing: EUR60.

Attorney fees for filing an opposition or revocation vary. There are no fixed fee models and these fees will be charged on a competitive basis.

There are no limits on who may initiate a trade mark revocation action. There is no need for the applicant to be the owner of an earlier mark.

The trade mark opposition procedure in Ireland is a formal, paper-based adversarial process administered by the IPOI. A Notice of Opposition must include the opponent’s name and address, the grounds for opposition, and details of any earlier marks, and it must be accompanied by the required fee. Once the Notice of Opposition has been filed, the IPOI sends it to the applicant, who must then submit a counter statement. If the applicant does not do so, the application is treated as withdrawn.

After both parties have exchanged their pleadings, the matter proceeds to the evidence stage. The opponent files evidence first, followed by the applicant’s responding evidence, and the opponent may then file optional further evidence. Evidence is usually provided by way of statutory declarations, accompanied by materials such as sales data, advertising samples, market research or proof of use, depending on the grounds raised. The process is conducted entirely on the written record. There is no US-style discovery, and thus no depositions, interrogatories or similar disclosure procedures.

Applications for revocation of a trade mark may be made to the Controller or the High Court. However, if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court.

Partial revocation of a trade mark is possible in Ireland. It is most likely to arise where a registered mark is vulnerable – eg, for non-use or genericism – but only in relation to certain goods or services.

Decisions of the Controller of the IPOI may be appealed to the High Court as set out in Section 79 of the Trade Marks Act. An applicant has three months from the date of the Controller’s decision to appeal. This period commences from the date of receipt of the written statement of the grounds of the Controller’s decision, where one was requested. Rule 27 of the Trade Mark Rules 1996 (as amended) (“the Trade Mark Rules”) provides that a written statement of the grounds of a decision can be requested with the prescribed fee, by a party to the hearing within one month from the date of notification of the Controller’s decision.

An appeal may be made to the Supreme Court on a point of law from a decision of the High Court. There is no prescribed time limit in the Trade Marks Act for lodging an appeal; however, as discussed in further detail in 11.1 Appellate Procedure, the applicant generally has 21 days from the date of the High Court decision to lodge a complaint with the Supreme Court.

While not prescribed in the Trade Marks Act, it is understood that the decision of the Controller must be final before it is appealed.

There is no statutory basis to amend goods or services in invalidity proceedings in Ireland.

Revocation/invalidity actions and infringement actions can be connected in Ireland, but they are not automatically heard together. Whether they proceed jointly depends on where each action is filed and whether a court is already seized of the dispute.

Depending on the venue (IPOI or High Court), these proceedings can take between six months and one year at a minimum.

Ireland does not use the term fraudulent filing in its legislation but deals with such cases under the doctrine of bad faith. A trade mark filed in bad faith can be stopped before registration or cancelled afterward. Irish law does not provide for automatic suspension of an application simply because an allegation of bad faith has been filed. When third-party observations alleging bad faith are filed, the Controller must consider them; this pauses the progression of the application. If a mark is refused/revoked on the basis of bad faith, it may be declared invalid and removed from the register with retroactive effect.

Assignment Procedures for Trade Marks

• Assignments of trade marks must be in writing and recorded with the IPOI.
• The assignor, assignee or any party to the instrument may notify the IPOI of the change of ownership of the trade mark.
• Assignments of trade marks may be full or partial.
• Trade marks are treated the same as other property rights in Ireland and are therefore transmissible by way of testamentary disposition.

Assignment Procedures for Copyright

• Assignments of copyright must be in writing and must be signed by the assignor. There is no filing requirement with the IPOI once the assignment is executed.
• Only economic copyright may be assigned. Moral rights may not be assigned.
• Assignments of copyright may be full or partial.
• Copyright is treated the same as other property rights in Ireland and is therefore transmissible by way of testamentary disposition.

Trade Mark Licensing Requirements

• Licensing of a trade mark may be general or limited (for some but not all of the goods and services for which the mark is registered, use in a particular locality, etc).
• Exclusive, sole and non-exclusive licences may be granted.
• A licence will not be effective unless it is in writing and signed on behalf of the grantor. Where the assignor is a body corporate, this requirement is satisfied by affixing the company seal.
• Irish trade mark law is silent on perpetual licences and archival rights.
• Irish trade mark legislation stipulates that registered trade marks may be assigned, as opposed to applications.

Copyright Licensing Requirements

• Licensing of copyright must be in writing and must be signed by the licensor. There is no filing requirement with the IPOI once the licence is executed.
• Only economic copyright may be licensed. Moral rights may not be licensed.
• Licensing of copyright may be full or partial.
• There are no registration requirements for copyright licences as there is no copyright register in Ireland.
• Irish copyright law is silent on perpetual licences and archival rights.

Trade Marks Recordals

• Assignments and licences relating to trade marks must be recorded with the IPOI.
• Failure to record assignments and licences with the IPOI results in a number of disadvantages, particularly for the licensee:
1. the assignment/licence is ineffective against a person acquiring a conflicting interest;
2. licensees are unable to recover damages in an infringement action; and licensees are unable to bring an infringement action in their own name.

Copyright Recordals

As there is no copyright register in Ireland, there is therefore no filing or registration requirement for an assignment or licence of copyright.

There is no temporal limitation period in the Trade Marks Act. Where a statute is silent, the general Statute of Limitations 1957 applies, under which actions “founded on tort” must be brought within six years of the date on which the cause of action accrued. Irish courts treat trade mark infringement as a tort like civil wrong, so the six-year limitation period applies. However, revocation/invalidity actions have no statutory time limit and may be brought by any person at any stage, subject only to acquiescence rules.

Like trade marks, the Copyright Act does not set a specific limitation period. Copyright infringement is also treated as a civil wrong, so the same six-year limitation period under the Statute of Limitations applies. There is no copyright registration system in Ireland, so no cancellation/revocation deadlines apply.

Irish courts may refuse relief based on equitable principles, including undue delay. In addition to general equity, Irish trade mark law contains a statutory acquiescence rule: if the owner of an earlier mark knowingly allows a later mark to be used/registered for five continuous years, the owner may lose the right to invalidate or oppose the later mark.

Legal Claims Available to a Trade Mark owner to Pursue Infringement

The following claims are available to the owner of a registered trade mark under Section 14 of the Trade Marks Act:

• if the same sign is used for the same goods or services, infringement is established without the need to prove confusion;
• if the same or a similar sign is used for similar goods or services, infringement arises where there is a likelihood of confusion on the part of the public; and
• if the registered mark has a reputation in Ireland and the use takes unfair advantage of, or is detrimental to, its distinctive character or reputation.

These claims are only available to owners of registered trade marks.

Under common law, passing off is an available claim for owners of unregistered rights (trade marks, get-up, etc). To succeed in an action for passing off, a claimant must provide evidence of all the elements of the three-part test, as detailed in 1.1 Governing Law.

In addition to these direct infringement scenarios, the Trade Marks Act also provides that an owner can prohibit anyone from putting an identical or similar mark on packaging or related materials, and can also block the sale, storage, import or export of packaging or materials that already have the mark on them.

Whilst there are no statutory provisions for vicarious infringement in the Trade Marks Act, vicarious liability applies in trade mark cases in the same way as for other civil wrongs, pursuant to the Civil Liability Act, 1961.

Legal Claims Available to a Copyright Owner to Pursue Infringement

Copyright owners can claim for infringement where restricted acts are carried out without consent. Section 37 of the Copyright Act lists restricted acts as follows:

• copying;
• making the work available to the public; and
• making an adaptation of the work, or copying or making available an adaptation.

Section 43 of the Copyright Act provides more detail on infringement by adaptation, including form (recorded in writing or otherwise) and a list of works that could be adapted.

Copyright occurs automatically in Ireland and is not registrable. Therefore, there is no separate claim available for unregistered copyright.

The following forms of infringement are provided for under the Copyright Act:

• direct infringement as outlined above and in Section 37 of the Copyright Act;
• indirect infringement; and
• secondary infringement, as outlined in Sections 44 and 45 of the Copyright Act. A person is liable for secondary infringement where he or she – without a licence from the copyright owner – does the following with a copy of the work which is, and which he or she knows or has reason to believe is, an infringing copy of the work:
1. sells, rents or lends, or offers or exposes for sale, rental or loan;
2. imports into the State, otherwise than for his or her private and domestic use;
3. in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public; or
4. otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the owner of the copyright.

As mentioned above, a claimant could seek to claim vicarious liability, as set out in the Civil Liability Act 1961.

What Constitutes Trade Mark Infringement

As outlined above, the Trade Marks Act specifies three scenarios that constitute trade mark infringement. The Trade Marks Act also prescribes what constitutes use of a sign, including:

• affixing it to goods or packaging;
• offering, exposing for sale, marketing or stocking goods under the sign;
• importing or exporting goods under the sign;
• using the sign on business papers or in advertising;
• using it as a trade or company name or part thereof; and
• using it in comparative advertising.

Any such use must be in accordance with honest practices in industrial or commercial matters. Therefore, the elements to prove trade mark infringement are that:

• the alleged infringer’s conduct amounts to use of a sign, as defined above; and
• such use falls within one of the infringement scenarios.

What Constitutes Copyright Infringement

As noted above, the Copyright Act differentiates between direct, indirect and secondary infringement.

To prove direct or indirect infringement, the claimant needs to show that:

• the work qualifies for copyright protection, as outlined in 3.2 Essential Elements of Copyright Protection (fixed in tangible form and originality);
• it owns the copyright work;
• the whole of the work or a substantial part of the work was copied (Section 37(3) of the Copyright Act); or
• the copying was done without consent.

For secondary infringement, the claimant also needs to show that:

• one of the acts restricted under Section 45 of the Copyright Act listed above was carried out; and
• the infringer knew or had reason to believe they were dealing with an infringing copy.

Dilution by Blurring or Tarnishment

Dilution by blurring or tarnishment is not expressly mentioned in the Trade Marks Act, but Section 14(3) implies that blurring would occur by use of a sign that takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the registered trade mark. As noted, there is no requirement to prove that the goods or services are identical or similar. The trade mark needs to have a reputation in Ireland.

A passing off claim could address dilution of a brand or get-up, particularly where there is damage to the goodwill attaching to the brand.

Cyber-Squatting

There is no statutory claim for cyber-squatting in Irish law. A claimant would instead rely on traditional tools: infringement under the Trade Marks Act 1996 and/or a passing off claim. In parallel, administrative remedies may be available through relevant domain name dispute resolution procedures, but these sit outside the statutory framework.

Technical Protection Measures

In Ireland, the equivalent provision for copyright management information is technological protection measures (TPMs), which are governed by Sections 370 to 377 of the Copyright Act. The Act provides for infringement of a work to which a TPM has been applied. Remedies are available against a person who:

• makes, sells, rents or lends, or offers, or exposes for sale, rental or loan, imports to the state, or has in their possession, custody or control a protection-defeating device, having reason to believe it has been used to circumvent a TPM;
• provides information, or offers or performs any service, intended to enable or assist persons to circumvent rights protection measures; or
• circumvents rights protection measures in a work otherwise than with the agreement of the rights-owner or pursuant to permitted acts under the Copyright Act.

The same civil remedies apply as in cases of copyright infringement.

Irish trade mark infringement is determined entirely by statute. The following factors (discussed in more detail in 7.2 Legal Claims for Infringement Lawsuits and Their Standards) are assessed:

• identity/similarity of marks;
• identity/similarity of goods or services;
• likelihood of confusion;
• reputation and dilution; and
• commercial use.

Copyright infringement is governed by the Copyright Act. The following factors are assessed:

• whether the alleged infringer carried out a “restricted act” (copying the work, distributing copies, communicating the work to the public, renting/lending, making the work available online, etc);
• whether a “substantial part” of the work was used;
• whether the use falls within permitted exceptions; and
• whether the use was commercial or non-commercial.

There are no legal prerequisites to filing trade mark or copyright infringement proceedings. However, sending a warning letter is the standard, highly recommended first step in Irish proceedings, as it often resolves issues quickly and cost-effectively by formally warning the infringer and demanding they stop, threatening legal proceedings if they do not.

In Ireland, groundless threat provisions apply to trade marks, but not copyright.

Trade mark and copyright infringement proceedings are initiated in the High Court. The IPOI does not have jurisdiction to hear infringement matters.

Costs may vary depending on the complexity of the case. Parties to trade mark or copyright infringement proceedings before the Irish High Court must be represented by an Irish lawyer.

Foreign rights-holders may bring trade mark proceedings in Ireland. For trade mark infringement, the right-holder must be the registered owner of a national trade mark, a European trade mark or a mark registered under the Madrid System that designates Ireland. Because there is no registration requirement, a foreign copyright owner may sue in Ireland if the copyright is valid under Irish law. This is usually based on the nationality of author, the place of first publication, or international treaty protections.

An alleged trade mark or copyright infringer can seek a declaration of non-infringement in Ireland. This typically occurs where a threat of infringement proceedings has been made by the right-holder, such as a cease and desist letter.

There is no provision to file protective briefs in the Irish courts.

In Ireland, the Small Claims Court (part of the District Court) helps to resolve disputes involving claims of EUR2,000 or less between consumers and businesses, offering a cheaper, solicitor-free way to a resolution. IP disputes are not typically resolved by way of the Small Claims Court, given the level of technical knowledge and evidence involved.

In Ireland, decisions of the IPOI – including decisions in opposition, revocation and invalidity proceedings – do affect infringement actions, but civil courts are not bound by IPOI decisions.

For example, if the IPOI revokes or cancels a trade mark (eg, for non use or invalidity), the proprietor loses the ability to bring or maintain an infringement action based on that mark.

Trade Marks

• Counterfeit goods are goods bearing a trade mark that is identical or indistinguishable in its essential aspects from a trade mark validly registered for those goods, used without authorisation.
• Under the Trade Marks Act, courts can order erasure, destruction, seizure and other statutory remedies for infringing (including counterfeit) goods.
• A party can be subject to criminal liability for trade mark counterfeiting.

Copyright

• Irish law uses the terminology “pirated goods” (rather than counterfeit) for copyright-protected works. Pirated goods are typically understood as unauthorised reproductions of copyrighted works (eg, music, films, software, books), made without consent of the copyright owner, for commercial scale distribution.
• A party can be subject to criminal liability for copyright counterfeiting.
• Ireland implements EU Customs Regulation (EU) No 608/2013 and related national regulations. Customs may detain and seize counterfeit trade mark goods and pirated copyright goods.
• The term “bootlegging” is not expressly used in Irish copyright legislation. However, it is covered by prohibitions on unauthorised recordings of performances, sound recordings, films and broadcasts. The types of remedies available for bootlegging include injunctions, damages or account of profits, delivery-up and destruction of infringing copies and search and seizure orders. Bootlegging can lead to criminal liability in Ireland.

In addition to the specific procedural provisions outlined in the Trade Marks Act, the Trade Mark Rules 1996 (as amended) and the Copyright Act, intellectual property proceedings in Ireland are primarily governed by the Rules of the Superior Courts (the RSC).

The RSC concerning intellectual property matters were updated in 2021, when a new Order 63A and a new Order 94 were introduced by virtue of S.I. No. 530/2021 Rules of the Superior Courts (Intellectual property proceedings) 2021. These Orders provide for a framework for all intellectual property proceedings in Ireland, and should be consulted for procedural matters relating to trade mark or copyright infringement proceedings.

Certain decisions relating to trade marks and copyright may be determined by the Controller. The procedural rules relating to any appeals from decisions of the Controller of the IPOI to the High Court are also outlined in Orders 63A and 94 of the RSC.

Specialist Intellectual Property Court for Copyright and Trade Mark Cases

Order 63A of the RSC established an Intellectual Property and Technology division of the Commercial High Court. Intellectual property proceedings are defined in the rules as including any proceedings instituted, application made or appeal lodged under the Trade Marks Act 1996 or the Copyright and Related Rights Act 2000, and proceedings instituted for relief in respect of unregistered intellectual property rights or in respect of the right to prevent passing off.

An Intellectual Property and Technology List Judge is appointed by the President of the High Court to hear and determine proceedings listed in the Intellectual Property and Technology List. This judge will be appointed by the President of the High Court. Juries do not hear intellectual property cases in Ireland. The parties have no influence on who the decision-maker is.

Litigation Benefits of Trade Mark or Copyright Registration

For trade mark proprietors, legislative benefits arise from the Trade Marks Act registration system. There is no statutory registration for copyright, so no equivalent benefits apply.

Under Sections 13 and 14 of the Trade Marks Act, the owner of a registered trade mark has the right to prevent infringement. Ownership of the mark is sufficient to establish such a right. Section 76 of the Trade Mark Act provides that registration is prima facie evidence of validity, and therefore enjoys legal effect until revoked or declared invalid.

Extent of Use Required to Establish Trade Mark Infringement

As noted in 7.2 Legal Claims for Infringement Lawsuits and Their Standards, the Trade Marks Act specifies three scenarios that constitute trade mark infringement; what constitutes use of a sign is also listed therein. Therefore, it only needs to be shown that the alleged infringer’s conduct amounts to use of a sign as defined above, and that such use falls within one of the infringement scenarios.

There is no typical costs model or fixed costs model for bringing a trade mark or copyright infringement action in Ireland. A multitude of factors may impact costs, including the type of case and the strategy proposed.

Costs for bringing a trade mark or copyright infringement action will vary depending on the court in which proceedings are issued. In Ireland, proceedings may be brought in the District Court, the Circuit Court or the High Court. The value of claims in the District and Circuit Courts is capped by legislation. While it is technically possible to issue proceedings in these lower courts, the Commercial Court is a more attractive forum as matters are case managed, streamlined and fast tracked. It is more likely that such actions will be initiated in the Intellectual Property and Technology division of the Commercial High Court. Costs awarded in the lower courts are generally lower than those awarded in the specialist division.

Other factors that can significantly impact costs include the complexity of the case, whether discovery is required, whether expert witnesses need to be called, the duration of the trial, and administrative expenses such as stamp duty. It is worth noting that a stamp duty (court fee) of EUR5,000 (tax payable to the court for issuing documents) is required to initiate proceedings in the specialist Intellectual Property Court.

There are a number of statutory defences to trade mark infringement and a number of defences that arise as a matter of common law and equitable principles, which are discussed below.

Legislative defences to a trade mark infringement claim include the following.

• The existence of an Irish trade mark registration (Section 15(1) of the Trade Marks Act).
• Own name or address (Section 15(2)(a) of the Trade Marks Act).
• The use of a sign that is not distinctive or is descriptive (Section 15(2)(b) of the Trade Marks Act).

• The use of a sign for the purpose of identifying or referring to goods or services of a registered trade mark (Section 15(2)(c) of the Trade Marks Act). This defence is predominantly to allow merchants in the spare parts or refurbishment industry to refer to registered trade marks. The act specifies that this use is limited to use in the course of trade and in accordance with honest practices in industrial and commercial matters.
• The use of an earlier right in a particular locality (Section 15(3) of the Trade Marks Act). Subsection 4 prescribes that an earlier right includes an unregistered right. This defence is location-specific, and such use would be protected by any rule of law, including that of passing off.
• Exhaustion of rights conferred by registered trade mark (Section 16(1) of the Trade Marks Act). However, exhaustion may be challenged where there are legitimate reasons for the proprietor of the trade mark to oppose further dealings in the goods, in particular where the condition of the goods has been changed or impaired after they have been put on the market.

• Non-use of a trade mark within the first five years of registration (Section 51 of the Trade Marks Act). Where a registered trade mark has not been put to genuine use within the first five years of its registration and there are no proper reasons for genuine use, the mark may be challenged. The proprietor of a trade mark shall be entitled to prohibit the use of a sign only to the extent that the proprietor’s rights are not liable to be revoked pursuant to Section 51 at the time the action for infringement is brought.
• Comparative advertising is permitted if it is in accordance with honest practices in industrial or commercial matters (Section 14(6) of the Trade Marks Act). Permitted use must comply with the conditions set out in the European Communities (Misleading and Comparative Marketing) Regulations 2007.
• Acquiescence (Section 53(1) of the Trade Marks Act) – where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the State, while being aware of that use, the proprietor shall no longer be entitled, on the basis of that earlier trade mark or other right, to apply for a declaration that the registration of the later trade mark is invalid, nor to oppose the use of the later trade mark in relation to the goods or services in connection with which it has been so used, unless the registration of the later trade mark was applied for in bad faith.

There are a number of common law equitable defences that may be relied on, such as laches, estoppel and acquiescence. Laches is where undue delay in enforcing rights causes prejudice to the defendant. Estoppel prevents a proprietor from asserting rights where their conduct has led the defendant to reasonably rely on representations. Acquiescence is where the proprietor knowingly tolerates the use of a mark for a significant period, typically five years, without objection.

Not all of these defences are a total bar to liability. A number of the defences outlined in Section 15 are qualified on the basis that such use must be in accordance with honest practices in industrial and commercial practices. Comparative advertising practices must comply with the Misleading and Comparative Marketing Regulations.

Fair Use Exemption in Ireland

In Ireland, a statutory fair dealing exemption applies to the use of copyrighted works. This exemption is generally considered narrower than the US fair use doctrine. As outlined in 9.1 Defences to Trade Mark Infringement, certain acts are also permitted under the Trade Marks Act, such as the spare parts provision and allowances in respect of comparative advertising.

In the Irish Copyright Act, fair dealing is defined as making use of a literary, dramatic, musical or artistic work, film, sound recording, broadcast, cable programme, non-electronic original database or typographical arrangement of a published edition which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright. The key fair dealing copyright provisions are set out in Sections 50 to 52 of the Copyright Act, as follows:

• Section 50 provides for fair dealing for the purposes of research or private study;
• Section 51 provides for fair dealing for the purpose of criticism or review – however, where the author is identified, it must be accompanied with sufficient acknowledgement of the author, and acknowledgement of the title; and
• Section 52 provides for incidental inclusion of a copyrighted work.

Fair dealing provisions also apply to performances or recordings. There are qualified provisions that apply to the work carried out by librarians and archivists, and concerning database rights.

Caricature, Parody and Pastiche Exemption

Section 52(5) of the Copyright Act provides for an exemption to copyright based on caricature, parody and pastiche. Parody is not defined in the Copyright Act; it is a relatively new provision, inserted into Irish law in 2019 by the Copyright and Other Intellectual Property Law Provisions Act 2019, and the concept has not yet been explored by the Irish courts. However, in Deckmyn v Vandersteen (Case C-201/13), the CJEU interpreted parody, noting that it should evoke a work while being noticeably different, and should constitute an expression of humour or mockery.

Right to Free Speech as an Exception to Trade Mark or Copyright Infringement

The fair dealing exemptions in the Copyright Act imply a right to free speech and information. No such provisions are set out in the Trade Marks Act, but the Irish Constitution provides for a right to free speech. The fair dealing provisions in the Copyright Act are qualified in that the interests of the copyright owner must not be prejudiced. The constitutional right must also be balanced.

Section 16 of the Trade Marks Act provides that a registered trade mark shall not be infringed by the use of the trade mark in relation to goods that have been put on the market in the European Economic Area under that trade mark by the proprietor of the trade mark or with the consent of the proprietor. As discussed in 9.1 Defences to Trade Mark Infringement, exhaustion does not apply where the condition of the goods has been changed or impaired.

In the copyright context, Article 4 of the InfoSoc Directive (2001/29/EC) provides for exhaustion within the EU in respect of the original work or copies, where the first sale or other transfer of ownership in the EU of that object is made by the right-holder or with their consent. By contrast, the Directive makes clear that exhaustion does not apply to digital content, as such transactions typically involve reproduction of the work rather than transfer of a tangible copy.

In Ireland, preliminary, interim or Mareva (freezing) orders are available to trade mark or copyright owners.

Injunctions are equitable remedies, and the presiding judge has discretion in granting injunctions.

Injunctive relief will generally be granted to restrain a threat or prevent ongoing trade mark or copyright infringement. Traditionally, Irish courts applied a three-stage test, derived from American Cyanamid Co v Ethicon Ltd [1975] A.C. 396, and adopted in Ireland in Campus Oil v The Minister for Industry (No 2) (1983) IR 88. Under the Campus Oil test, when considering an application for an injunction, the court would assess the following questions.

• Is there a serious issue to be tried?
• Would damages provide an adequate remedy for either the applicant or the defendant?
• If damages are inadequate for both parties, where does the balance of convenience lie, and should the status quo be preserved?

This approach has since evolved. Following the Supreme Court’s decision in Merck Sharp & Dohme v Clonmel Healthcare [2020] 2 I.R. 1 [2019] IESC 65, a more flexible test is now applied. In this case, it was emphasised that the adequacy of damages is usually the most significant factor in assessing the balance of convenience or justice. However, other considerations may also be relevant and should be weighed to ensure fairness pending trial, acknowledging that a trial may never occur. According to the reframed test, the first step is to consider whether a permanent injunction would likely be granted if the plaintiff succeeds at trial. If not, it is highly unlikely that an interlocutory injunction seeking similar relief would be granted. The court should then assess whether there is a fair question to be tried, which may include whether the case is likely to proceed to trial. In many cases, applying the traditional Campus Oil test will lead to the correct outcome, but the qualifications to that approach must be kept in mind.

Requirements for Preliminary Injunction in Trade Mark or Copyright Cases

As outlined above, to obtain a preliminary injunction, a trade mark or copyright owner must satisfy the Merck test. This means first demonstrating that there is a serious issue to be tried, which is a relatively low threshold. The applicant must then demonstrate that the balance of convenience favours granting the injunction (including consideration of factors such as whether the harm they face can be adequately compensated in damages).

Requirements to Defend a Preliminary Injunction

A defendant can oppose a preliminary injunction by arguing that damages would provide an adequate remedy for the claimant, thereby undermining any claim of irreparable harm. They may also rely on equitable defences such as acquiescence or delay, which suggest that the applicant has not acted promptly or fairly. In addition, the defendant can seek to show that the balance of convenience lies against granting the injunction – for example, where the relief sought would cause disproportionate harm to them compared to any benefit to the claimant.

The Copyright Act and the Trade Marks Act expressly provide for a number of monetary remedies, including relief by way of damages, account of profits, or possibly enhanced damages. The court may award aggravated or exemplary damages or both aggravated and exemplary damages. A defendant cannot recover both damages and an account of profits; they must elect between these remedies.

The legislation requires the court to consider all the circumstances of the case and determine whether the award sought is just and proportionate. Where the defendant can show that they were unaware of the infringement and had no reason to believe they were infringing, damages should not be awarded.

There are no specific rules on the type or amount of damages, nor is there any set formula for calculating them, apart from the legislative considerations noted above. In copyright cases, the court has wide discretion, and will typically consider the actual damage (ie, the loss suffered), the account of profits made by the infringer, and the nature of the infringement (including whether aggravated or exemplary damages should be awarded).

For trade mark cases, the court may apply similar considerations but can also take into account the number of infringing goods sold, damage to brand value, and whether a reasonable royalty should be assessed.

There is no copyright registration system in Ireland. The Trade Marks Act prescribes statutory remedies such as damages, injunctions, an account of profits, and delivery up or destruction of infringing goods. These statutory remedies are not available to a plaintiff relying on passing off; however, the court retains wide discretion and may still grant any of these remedies.

In Ireland, the general rule is that costs follow the event (the term “fee shifting” is not commonly used for this practice in Ireland). As a result, the losing party must reimburse the prevailing party’s reasonable costs of the litigation, including court fees, expenses, expert witness fees, and solicitors’ and barristers’ professional fees.

The award of costs is subject to judicial discretion under the Legal Services Regulation Act 2015, Section 169 of which sets out conditions where costs may not be recoverable by the successful party, or where costs are only partially awarded. In exercising its discretion, the court may consider factors such as:

• behaviour before and during proceedings;
• whether it was reasonable to raise or contest issues;
• the manner in which cases were conducted;
• any exaggeration of claims;
• payments into court;
• offers to settle and their timing; and
• whether parties acted unreasonably in refusing settlement discussions or mediation when invited by the court.

It is possible to apply for ex parte relief in the form of an interlocutory injunction, but only in very limited and urgent circumstances. Courts generally require strong evidence of urgency and irreparable harm to grant ex parte relief, as it departs from the principle of audi alteram partem (the right to be heard). Such an application is typically made on a temporary (interim) basis to prevent irreparable harm until a full hearing can take place with the defendant present. An ex parte application is therefore a short-term measure, and a substantive hearing will ultimately occur with the notice party involved.

Under normal circumstances, when seeking interlocutory relief, notice to the infringing party is required. This may involve short notice of the application; however, in most cases, a letter before action or a cease and desist letter will have been issued prior to seeking relief. Failure to issue such a letter may result in adverse costs consequences for the claimant.

The EU Union (Customs Enforcement of Intellectual Property Rights) Regulations 2013 (S.I. No. 562 of 2013), which implement Regulation (EU) 608/2013 of the European Parliament and Council, govern the procedural steps for dealing with counterfeit goods in Ireland. The Irish Revenue Commissioners (“Revenue”) are the designated statutory authority empowered to act under these Regulations.

To obtain protection through customs enforcement (except in certain ex officio circumstances), trade mark and copyright owners must submit an Application for Action (AFA). When suspected counterfeit goods enter Ireland and an AFA is in place, the goods will be detained, and the rights holder (the “decision-holder”) will be notified. The decision-holder must also be informed of the detention on the same day or as soon as possible after the notice of detention is issued to the declarant or holder of the goods. The decision-holder then has ten working days to indicate:

• whether it believes the goods infringe its intellectual property rights;
• if infringement is suspected, whether it agrees to the destruction of the goods; and
• where appropriate, whether it has initiated proceedings to determine infringement.

In addition to the AFA system, there is an ex officio procedure allowing Revenue customs officers to detain goods (excluding perishables) that they suspect infringe intellectual property rights.

Appeals on questions of law can be heard from any of the lower courts up to the Court of Appeal and, in limited cases, to the Supreme Court. Appeals lie from decisions of the District Court to the Circuit Court, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal. The Supreme Court is the ultimate appellate court. As discussed in 8.3 Costs of Litigating Infringement Actions, in practice it is likely that an applicant in trade mark or copyright proceedings will avail of the Commercial Court, and proceedings will be issued in the High Court or the specialist Intellectual Property and Technology division of the Commercial Court.

Orders 86 and 86A of the RSC provide for the procedural rules for appeals to the Court of Appeal. To appeal a decision of the High Court or the Commercial Court to the Court of Appeal, the appealing party must lodge a Notice of Appeal within 28 days from the date of the perfected order (the final order of the court) being appealed. The applicant serves the Notice of Appeal on the respondent. The respondent then has 21 days from receipt of the Notice of Appeal to serve a Respondent’s Notice.

Orders 58 and 59 of the RSC govern proceedings in the Supreme Court. Where a further appeal to the Supreme Court is sought, leave to appeal is required and will only be granted if the decision involves a matter of general public importance or if it is in the interests of justice. All applications for leave to appeal to the Supreme Court must be brought by lodging a notice in the prescribed form. Applications for leave to appeal are typically made within 21 days of perfection of the Court of Appeal order. A respondent served with a notice of application for leave has six weeks from the date of the perfected order to serve a Respondent’s Notice.

The applicant has 21 days from the date of the perfected order to lodge an appeal against a trial court decision. A stay of the appealed order may need to be sought pending the outcome of the appeal.

The timeframe for an appellate court to issue its decision will vary. The appellate courts will consider requests to expedite matters where the rights of the parties risk being prejudiced by continued infringement, such as in cases of irreparable harm.

One of the most significant emerging issues in Ireland is the rise of deepfakes, and how to combat the use of deepfakes featuring individuals, often without consent. Ireland does not have a standalone statutory personality right, but individuals can rely on existing causes of action such as copyright infringement, defamation (where the deepfake damages reputation), passing off (if the individual can prove they have a reputation and where commercial misrepresentation occurs) and data protection/privacy claims under the GDPR (where personal data is misused).

The Protection of Voice and Image Bill 2025 is currently being considered by the Irish legislature. This bill will create specific offences for the misuse of an individual’s name, photograph, voice or likeness, and will provide for related matters.

Treatment of AI and Other Emerging Issues by Irish Courts

To date, the issues of ownership of AI output and AI infringement have not been considered by the Irish courts, and there are currently no landmark trade mark or copyright decisions or pending cases specifically addressing AI. The Irish courts are bound by decisions of the CJEU, and consider UK decisions as persuasive in the absence of domestic authority, particularly where Ireland’s trade mark and copyright legislation closely mirrors that of the UK.

There are no special rules in Irish domestic legislation relating to trade mark and copyright use on the internet; parties rely on the provisions of the Trade Marks Act or the Copyright Act in this regard. Online platforms’ voluntary compliance mechanisms are typically the first line of defence against online infringement.

Service provider liability is governed by the EU legislative framework. Under the “safe harbour” provisions contained in the EU E-Commerce Directive (2000/31/EC), marketplaces and ISPs are not considered liable for infringing material until they have actual knowledge of it and fail to act promptly.

There is no statutory requirement in Ireland for service providers to demand proof of trade mark or copyright registration before removing infringing material. However, some marketplaces may require evidence of trade mark registration as part of their internal policies. There is no copyright registration framework in Ireland.