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1 June 2023 marks a significant step forward for patent protection and enforcement in Europe with the commencement of a new unified European patent system comprising:

  1. A Unitary Patent, providing uniform protection and equal effect across all participating Member States on a one-stop-shop basis.
  1. A Unified Patent Court (UPC), offering a single, specialised patent court common to all participating Member States.

We previously reported (in 2021 and 2022) on the steps taken towards the establishment of the Unitary Patent and UPC, and the legislative hurdles that needed to be overcome for their operation to commence.

Overview of…

Continue Reading A Significant Step Forward: The Unitary Patent System and Unified Patent Court Commence Operation in Participating Member States

The High Court in the UK has fully endorsed the use of predictive coding in discharging a parties obligation regarding electronic disclosure. Master Matthews, in Pyrrho Investments and others v MWB Property and others [2016] EWHC 256 (Ch), noted in this case that "there were no factors of any weight" to point in the direction of not using predictive coding for the disclosure process.  This is the first time a UK Court has given judgment on the area, while noting the limited Irish and US jurisprudence on the topic.

Predictive coding, often referred to as technology assisted review, is the use of computer software to review and analyse documents, determining if they are of relevance to the issues of the case. It is not without human input however, as the computer must first be "trained" in order to determine relevance.  Based on the training received the software can review and score documents for relevancy, subject to quality assurance exercises carried out by the human reviewer.Continue Reading UK High Court endorses Predictive Coding in Discovery

The International Patents Group at Taylor Wessing recently launched their online patent map, an interactive tool that allows users to compare different patent litigation regimes across Europe. The tool answers key questions on the law and practice of patent litigation to include procedure, claim construction, validity, interim measures, costs, and appeals, while allowing users to compare the answers for other European countries.  A&L Goodbody contributed to the Irish section.Continue Reading Taylor Wessing launches online Patent Map

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 singer/songwriter is suing RTÉ and comedian Andy Quirke for alleged trade mark infringement over their use of the name, ‘Damo’ in a TV show.

According to the Irish Patents Office, Dubliner Damien O’Regan registered the name ‘Damo’ in relation to entertainment services, music and lyrics he provides. Mr O’Regan told the High Court that the use of the name Damo is a clear breach of his trade mark and said he had not given his consent for its use by Mr Quirke. Continue Reading What’s in a name? Singer sues RTÉ for use of his name