The Law Reform Commission (LRC) has launched a consultation process reviewing Irish law on cyber-crime affecting personal safety, privacy and reputation, including cyber-bullying. It addresses harassment conducted through cyber-technology, and other harmful communications through the use of internet enable devices such as smartphones, tablets and PCs.

The Issues Paper, published by the LRC today, reviews the legal safeguards currently in place and considers where they might be strengthened. The LRC seeks the views of interested parties on five issues, including:-

"(1) Whether the harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 should be …

Continue Reading Law Reform Commission launches consultation process on cyber-crime

As the world still tries to come to grasps with the Ebola crisis in Africa, it is thought that the greatest risk of contracting the deadly virus in Europe is for healthcare workers. An Irish tech start-up company called Medical eGuides has launched an app which will provide medical staff with critical information on how to effectively and competently treat Ebola-infected patients in accordance with the World Health Organisation’s guidelines.Continue Reading An Irish Tech Company’s Role in Combatting Ebola

The Minister for Jobs, Enterprise and Innovation has announced that Ireland will establish a local division of the Unified Patent Court. This of course is subject to Ireland ratifying the International Agreement (signed February 2013) on a Unified Patent Court by way of referendum. Under the terms of the International Agreement, Ireland has the choice of setting up a local division or participating in a regional division with one or more Member States. 

When operational, the Unified Patent Court will allow actions to be filed under patent legislation in a single court to decide on the validity of a patent throughout up …

Continue Reading Ireland to establish local division of Unified Patent Court

A recent ruling by the Employment Appeals Tribunal (EAT) highlights, once again, the issue of improper use of e-mail and internet at work.

A Dublin firm sacked a sales representative after she went through the private email account of her line manager.  However the EAT held that, in the circumstances, the claimant’s dismissal was a disproportionate sanction and awarded her €15,000.Continue Reading EAT awards €15,000 to woman dismissed for printing her manager’s emails

In the Irish Government Budget for the forthcoming year published on 14 October, it was announced that the so called ‘Double Irish’ tax mechanism was being phased out. One of the mechanisms that is being considered to replace the ‘Double Irish’ is a new ‘Knowledge Box’ scheme. This scheme would be similar to the recently introduced Patent Box in the United Kingdom and would be of significant benefit to intellectual property holders in Ireland and those seeking to establish themselves in Ireland. Commentators suggest the Knowledge Box scheme will include a tax rate likely to be at least as low as 6.25 per cent and perhaps lower on intellectual property assets managed in the scheme. A 6.25 per cent tax rate would be half the standard Irish corporate tax rate of 12.5 per cent. The exact scope and conditions for qualifying for the scheme have yet to be determined.Continue Reading Knowledge Box – Ireland’s new IP Tax Incentive

Apple Pay: an Introduction

One of the most exciting elements of the Apple iPhone 6 launch in September was the announcement by Apple of the Apple Pay feature. Apple Pay is a near field communication (NFC) based mobile payment system that comes pre-installed on the iPhone 6. NFC technology involves a short-range, low power wireless link evolved from radio-frequency identification technology that can transfer small amounts of data between two devices held a few centimetres from each other. It is the same technology that is behind the ‘tap and pay’ debit cards that have been rolled out by Irish banks in the last number of years.

While Apple Pay was launched with the iPhone 6 in the US, it has not yet been rolled out in Europe with rumours predicting an Apple Pay European launch in 2015.

It is clear that Apple Pay has the potential to be a ground breaking technology that may change the way that consumers use their phones and, indeed, how consumers pay for goods and services.Continue Reading Apple Pay – Challenges and Solutions

Last night saw the Dublin Web Summit host a special "Web Summit Schools" evening. Over 5,000 students from all over the country attended a lively and interactive evening hosted by Marcus Segal, the former COO of Zynga Games.

Coder Dojo had a huge presence at the event with a good majority of students confirming that they participated in different coding clubs all around the country. Coder Dojo is a global movement of free coding clubs for young people with a presence in 48 countries which was co-founded by entrepreneur James Whelton.  James was at the event interviewing child prodigy Adora Svitak. Adora, an inspiring …

Continue Reading Coder Dojo encourages coding at Web Summit Schools Event

Italian publishing company Arnoldo Mondadori Editore SpA has had an appeal dismissed by the General Court in opposition proceedings brought against the registration of the mark GRAZIA.  In 2008, Grazia Equity GmbH sought to register a community trade mark in respect of the word sign GRAZIA under Classes 35 and 36 of the Nice Classification (business consultancy and financial services). 

Mondadori filed an opposition based on an earlier mark for GRAZIA under Classes 3, 9, 16, 18, 25 and 38.  In rejecting the opposition, the Opposition Division of OHIM said that there was no likelihood of confusion as the goods and services concerned were not similar.  Mondadori argued before the OHIM Fourth Board of Appeal that an overall assessment of the likelihood of confusion should have been considered, such as the fact that the mark was well known to the relevant public and that Article 8(5) of the Community Trademark Regulation 207/2009 should apply.  Mondadori filed a further appeal at the General Court when that argument was rejected and unfounded.Continue Reading No confusion between GRAZIA marks

In Atkinson v Community Gateway Association UKEAT/0457/12, the UK EAT held that accessing an employee’s emails, in the course of a disciplinary investigation into the employee’s conduct, did not amount to an unjustified interference with the employee’s private life. The employee did not have a reasonable expectation of privacy, in circumstances where he had sent emails from his work account in breach of the email policy, which he himself had drafted, and was responsible for enforcing. In addition, the emails were not marked “personal/private”.Continue Reading Tribunal rules employee did not have a reasonable expectation of privacy in regard to his work emails

The UK Court of Appeal has upheld a decision of the UK Patent Court where Mr Justice Birss gave summary judgment in an action for a declaration of non-infringement (Nampak Plastics Europe Ltd v Alpha UK Ltd 2014 EWHC 2196 (Pat)). The case, involving rivals in the plastic milk bottle business, saw the claimant Nampak Plastics Europe Limited bringing an action against Alpla UK Limited alleging infringement of its patent for a plastic milk container (ECO1). Alpla, denying infringement, produced a modified bottle (ECO2) and brought a claim for a declaration of non-infringement under Section 71 of the 1977 Patents Act and subsequently sought summary judgment from the court, which was granted.Continue Reading UK Court of Appeal not concerned with any spilt milk