Practices

Intellectual Property

Our expertise:

We work with leading domestic and multinational clients in the pharmaceutical, life sciences, telecoms, IT, consumer goods and retail sectors. We have acted in most of the patent disputes which have gone to trial in this jurisdiction.

On the non-contentious side, we advise clients on the management of the whole range of their IP rights, including patents, copyright and trademarks and the protection of domain names, trade secrets and confidential know-how. We also deal with intellectual property issues arising out of all types of M&A transactions (including joint ventures), technology transfer and other commercial arrangements and assist with a range of IP related pharmaceutical regulatory inquiries. We have been involved in significant naming rights and sponsorship deals where the protection and licensing of IP and branding is a key consideration.

We advise on IP issues arising out of information technology and online transactions generally, including software licensing and development in all its aspects, outsourcing and business transformation. We have also advised on the IP aspects of many of the largest and most innovative IT procurement and outsourcing contracts of recent times.

Key areas:   

We have significant experience of:

• Advising major multinationals on patent disputes in the pharma, biotech and medical devices sectors, including in trials in multi-jurisdictional patent litigation
• Advising on copyright issues across a broad range of sectors, from literary estates to financial institutions
• Guiding clients on all aspects of trade mark and brand protection enforcement
• Helping clients to address the implications of the new improved regime for industrial design protection
• Assisting clients on issues arising from parallel imports in various industries, including the drinks trade, motor companies and the pharmaceuticals sector
• Working with clients on dealing with the problem of counterfeit goods, including liaising with customs to control entry
• Dealing with legal aspects, both contentious and non-contentious, of sponsorship and naming rights matters
• Securing protection of domain names, including preparing WIPO complaints
• Drafting documents for the protection of confidential information and commercial secrets and advising in disputes involving disclosure and/or use of trade secrets and confidential know-how
• Advising on intellectual property issues arising out of all types of M&A transactions (including joint ventures), technology transfer and other commercial arrangements
• Dealing with issues arising out of IT contracts, including software licensing
• Assisting with a range of IP related pharmaceutical regulatory inquiries, from advertising to issues concerning regulatory authorities

Key highlights include advising:   

• Bristol-Myers Squibb Company, Ono Pharmaceuticals, Tasuku Honjo in proceedings concerning the validity and infringement of a patent jointly owned by our clients that protects the use of a monoclonal antibody to PD-1 for the treatment of cancer
• CarTrawler on the intellectual property elements of its white label IT agreement with Ryanair to facilitate the airline’s online car hire service. We also advise CarTrawler more generally on IP and confidentiality matters
• Ciba Vision and Novartis in Irish Commercial Court proceedings including a six week trial against Johnson & Johnson in respect of CIBA’s patent-protected contact lens technology
• Eli Lilly in Commercial Court proceedings seeking a declaration of non-infringement and revocation in relation to a patent in the biotechnology field
• Hostelworld.com on the intellectual property elements of its transfer pricing project, prompted by the acquisition of Hostelbookers.com Limited, a UK company
• Maynooth University on the protection, exploitation and licensing of intellectual property developed in the University, including patents, copyright, trademarks and rights in confidential information
• Pfizer Ireland and Warner-Lambert in Commercial Court revocation and infringement proceedings seeking injunctions against generic drug manufacturer Teva in relation to Pfizer’s blockbuster SPC-protected Lipitor product