Lista de cuestiones sobre la observancia en el marco del párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC - Ver detalles del documento

Ireland

a) Procedimientos y recursos judiciales civiles

The Courts with jurisdiction over IPR infringement cases are the District Court, the Circuit Court, the High Court and the Supreme Court.
Generally the proprietor of an IPR is the party who institutes proceedings. Exclusive licensees may also do so in certain circumstances. Such persons may be legally represented. Proceedings for interim and interlocutory injunctions may take place on affidavit in which case a personal appearance by the right holder would not be necessary.
Courts may issue a subpoena or order discovery of documents.
Justice is required to be administered in public under the Constitution, unless otherwise prescribed by law. The circumstances in which a hearing or part of a hearing may take place in private will be where the interests of justice may otherwise be defeated, such as in proceedings involving the disclosure of business secrets or of secret manufacturing processes. The parties seeking to protect confidential information must claim privilege and must justify their refusal to produce a document to answer a question on the usual grounds of privilege.
Judicial authorities may order interim and interlocutory injunctions and damages pursuant to common law. Section 47 of the Patents Act 1992 authorises the Courts to order such remedies as injunction, damages, the delivery up or destruction of infringing material, an account of profits derived and declaratory relief. However, it is provided that the Court may not, in respect of the same infringement, both award the proprietor of the patent damages and order that he be given an account of the profits. Section 78 of the Industrial and Commercial Property (Protection) Act 1927 authorizes such remedies as injunction, damages and the recovery by the proprietor of the design of a sum not exceeding fifty pounds as a contract debt. Section 18 of the Trade Marks Act 1996 provides that in an action for infringement of a registered trademark all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor as is available in respect of the infringement of any other property right.
None.
An interlocutory injunction is usually granted on the undertaking of the person seeking it to pay damages. If it transpires that the defendant was wrongfully injuncted, the person seeking the injunction may have to pay damages to the defendant. This may also apply to public authorities and officials.
Length and costs of proceedings vary considerably depending on the type of case. Data are not available on the actual duration of proceedings and their costs.

b) Procedimientos y remedios administrativos

There are no applicable administrative procedures and remedies.

a) Medidas judiciales

Judicial authorities may order interim and interlocutory injunctions, Anton Piller orders and Mareva injunctions pursuant to common law.
Measures may be ordered inaudita altera parte where an application is of an urgent or surprise nature, or where advance notice of a particular application would result in the destruction of vital evidence.
Interim injunctions are generally grounded by the issuing of a writ or summons together with an affidavit which discloses all the relevant and material facts in the case. An interim injunction will generally have force for up to four days. This is done by service of a court order granting the interim injunction.
Length and costs of proceedings vary considerably depending on the type of case. Data are not available on the actual duration of proceedings and their costs.

b) Medidas administrativas

There are no applicable administrative provisional measures.
The courts with jurisdiction over criminal acts of infringement of IPRs are the District Court, the Circuit Court, the High Court and the Supreme Court.
The Patents Act 1992 in Sections 111, 112 and 113 provides for the following offences: - Falsification of the register; - Unauthorised claim of patent rights; and - False suggestion of official connection with the Patent Office. The Industrial and Commercial Property (Protection) Act 1927 in Section 150 provides for the following offences: - Falsely representing a design as registered; - False suggestion of official connection with the Industrial and Commercial Property Registration Office; and - Unauthorised use of State emblems. The Trade Marks Act 1996 in Sections 92, 93, 94 and 97 provides for the following offences: - Fraudulent application or use of a trademark in relation to goods; - Falsification of the register; - Falsely representing a trademark as registered; and - Unauthorised use of State emblems of Ireland.
(i) Both the Gardaí and the Director of Public Prosecutions are responsible for initiating criminal proceedings. (ii) Criminal proceedings are generally initiated in response to complaints.
(i) Yes, private persons have standing to initiate criminal proceedings. (ii) Common informer: a common informer has a common law right of access to the courts to lay a complaint and to prosecute for an offence in a court of summary jurisdiction unless statute otherwise provides.
The Patents Act 1992 in Section 111 provides that a person guilty of falsification of the register shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion to the Court, to imprisonment for any term not exceeding six months or to both such fine and to such imprisonment. The Patents Act 1992 at Section 112 provides that a person guilty of an unauthorised claim of patent rights shall be liable on summary conviction to a fine not exceeding £1,000. The Patents Act 1992 in Section 113 provides that a person guilty of falsely suggesting an official connection with the Patent Office shall be liable on summary conviction to a fine not exceeding £500. The Industrial and Commercial Property (Protection) Act 1927 at Section 150 provides that a person guilty of falsification of the register shall be liable on summary conviction to a fine not exceeding £5. It provides that a person guilty of falsely representing a design as registered shall be liable on summary conviction to a fine not exceeding £5. It provides that a person guilty of falsely suggesting an official connection with the Industrial and Commercial Property Registration Office shall be liable on summary conviction to a fine not exceeding £20. Section 151 provides that a person guilty of unauthorised use of State emblems shall be liable on summary conviction to a fine not exceeding £20 and in the case of a continuing offence a further fine not exceeding £5 for every day on which the offence continues. The Trade Marks Act 1996 in Section 92 provides that a person engaging in the fraudulent application or use of a trademark in relation to goods will be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both; that person may be liable on conviction and indictment to imprisonment for a term not exceeding five years or to a fine not exceeding £100,000, or to both. The Trade Marks Act 1996 in Section 93 provides that a person who commits the offence of falsification of the register shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both, or on conventional indictment shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding £200,000, or to both. The Trade Marks Act 1996 in Section 94 provides that in the case of an offence of falsely representing a trademark as registered a person guilty of such an offence shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £100 for every day in which the offence continues. The Trade Marks Act 1996 in Section 97 provides that a person guilty of unauthorised use of State emblems of Ireland shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £100 for every day the offence continues.
Length and costs of proceedings vary considerably depending on the type of case. Data are not available on the actual duration of proceedings and their costs.