Are you confused about Intellectual Property and the differences between Copyright, Designs, Patents and Trademarks?
Rather than rely on a court to protect your rights it is best to obtain any formal registrations that are available.
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In Ireland there is no procedure to register to claim copyright.
Copyright automatically attaches to the creator/author of the new work. Special rules apply to work created in an employment situation.
Copyright does not protect ideas, it protects the expression of an idea.
You can apply for an Irish registered design right or a registered European Design right that would cover Ireland as a member state of the EU.
Have you created something new and unique that relates to the look and feel of a product?
In certain circumstances, a European Unregistered Design Right can be claimed for a 3 year period if someone copies your design.
Have you created a new invention? Apply for a patent before you disclose the details of the unique and new elements to anyone.
Have you considered whether you can obtain a trademark for your business name or branding?
What system have you in place to capture and keep secure all of your business trade secrets?
Has everyone signed a confidentiality agreement?
Do your contracts of employment include Intellectual Property and Confidentiality provisions?
Protecting your Intellectual Property Rights
Is someone using your images, your work or your music that you created without your consent? You may be able to use copyright to assist you in protecting and enforcing your intellectual property rights (IPR).
You should protect what you have created.
Commercialising your Intellectual Property Rights
You can sell your trademark, design, patent or copyright as these are Intellectual Property Rights - this would be a transfer of your ownership in the Intellectual Property.
You can remain the owner of your Intellectual Property (trademark, design, patent or copyright) and instead give rights to others to use your Intellectual Property by giving them a licence to use your music, images, extracts from your book or created content or your trademark, design, patent or copyright.
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“I was very pleased with the proactive service and sound practical commercial advice that Michelle provided in relation to various trademark assignments she completed on our behalf”
Paul Gallagher, FCCA , Chief Financial Officer, Talema Group www.talemagroup.com