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At-a-glance: Irish Patents Office Government Buildings, Hebron Road, Kilkenny, Ireland Tel: +353 56 7720111 Fax: +353 56 7720100 Email: patlib@patentsoffice.ie Website: www.patentsoffice.ie In common with many jurisdictions, Ireland saw a... [more]

In common with many jurisdictions, Ireland saw a rise in Community and national trade mark filings during 2010 compared to 2009, with a greater number of applications at the Patents Office. At the same time, IP lawyers felt that clients have become more conscious of protecting their rights, and so there has been a rise in enforcement. "You can't afford to have someone infringe your right, it affects the bottom line and everyone is realising that. So the amount of contentious work has substantially increased," says one partner.

The increased willingness of companies to issue proceedings is also attributed to the success of the Commercial Court, a division of the High Court, as well as the fact that courts are able to provide a prompt decision. According to one lawyer: "A lot of applications will depend on your strategy and commercial approach, but in the sense of official figures there is an increase in a broad range of sectors, in food, retail and pharmaceuticals. Big companies are still using the national route but some first timers are going to Europe first."

From an international perspective companies are also finding it is important to enforce in other countries, leading them to enforce in Ireland first since, "courts would question why you didn't take action in your own jurisdiction, so there is a multi jurisdictional approach," notes one lawyer.