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Branding –
The Legal Issues:
Trade Marks, Advertising
and Sponsorship.
A Seminar
on 25 June 2010
in Dublin 4.

Home > Practice Areas > Business >
Intellectual Property and Technology
Intellectual Property and Technology

LK Shields Solicitors is a recognised leading adviser in the fields of intellectual property, technology telecommunications, data protection, media and ecommerce. Clients that are dependent on intellectual property (IP) or information technology (IT) in their businesses are given an excellent service by our Intellectual Property and Technology Unit.

The Intellectual Property and Technology Unit comprises of practitioners with a wealth of expertise and experience. We support our clients by providing informed, commercial, strategic and practical advice. We work closely with our clients to ensure that we understand the IP and the IT that they create and exploit. By leveraging a knowledgeable team we are able to add significant value in dealing with transactions, advice or disputes for clients of all sizes across a range of industries.

We are able to assist with the entire life cycle of a technology or an outsourcing project, from providing strategic input at project inception and modelling, to tendering, negotiation, implementation, contract management and termination. Technology evolves constantly, as does our practice. We are very well informed about the latest legal and IT developments which impact on our clients' businesses.

We remain at the forefront in advising on Internet and ecommerce matters. We have helped many clients to adapt their business models to allow them to transact online, and have coordinated localisation programs so that websites are compliant with laws in a number of jurisdictions. Some of our clients offer online interactive computer gaming services, online betting, Internet banking, insurance products and online auction or advertising services. The Intellectual Property and Technology Unit has assisted clients to understand the laws that apply to their websites and to achieve compliance.

Our approach is to find pragmatic operational solutions to our clients' privacy, data protection and freedom of information concerns. We constantly monitor developments in privacy, data protection and freedom of information law and we are able to alert our clients when policy positions and compliance measures might need to be reviewed, or where potential disputes or conflicts may arise.

Branding is a key IP driver for many industries including food, household products, luxury goods, clothing, cosmetics, financial services, airlines and telecommunications. Some of the solicitors in the Intellectual Property and Technology Unit are also qualified Irish and Community trade mark and design agents. We provide an excellent trade mark and design filing and opposition practice. We are responsible for the management of a large number of our clients' trade mark and design portfolios which cover Ireland, the European Community and many other international territories.

We monitor, defend and prosecute infringements involving patents, trade marks, copyright and other IP rights on behalf of a range of clients. We also assist clients in dealing with counterfeit goods and in dealing with the Irish customs authorities.

We continue to have an outstanding reputation in the prosecution and defence of disputes involving complex IP and IT issues, commercial contracts, data protection, defamation and privacy issues. The Intellectual Property and Technology Unit has a very good understanding of the strategies employed in prosecuting and defending issues that arise. Our team regularly deals with complex Commercial Court cases and disputes of strategic importance for our clients. Clients that have been prosecuted by the Data Protection Commissioner have also been assisted by us in a speedy and efficient manner.

Services

Our Intellectual Property and Technology Unit's services include the following:

Intellectual Property
  • Brand strategy

  • Trade marks, including registrations and infringement

  • Design rights, including registrations and infringement

  • Patents, including licensing and infringement

  • Creation and protection of copyright works

  • Domain names, including ICANN proceedings

  • Databases

  • Franchising

  • IP licensing and distribution

  • Research and development

  • Anti-counterfeiting and piracy matters

  • Passing off and 'lookalike' products
Technology and Ecommerce
  • Technology contacts, including ASP and SaaS
    contracts, technology distribution, reselling and licensing

  • Technology, including commercialisation and biotechnology

  • Joint ventures and strategic alliances

  • Internet, ecommerce and other technology business issues, including licensing models

  • IT outsourcing and procurement

  • Technology disputes and mediation

  • Website terms and conditions and the formation of
    online contracts

  • Ecommerce disputes, including defamation and
    screen scraping

  • Electronic payments and processing

  • Consumer protection responsibilities

  • Product liability

  • Broadcasting, ISP and telecommunications

  • Technology transfer and competition law

  • Technology aspects of corporate transactions
Data Protection, Privacy, Freedom of Information
and Advertising Laws

  • Data protection compliance, including dealing with requests and data exporting

  • Data retention issues

  • Data protection law breach and prosecutions by the
    Data Protection Commissioner

  • Website, customer and employee privacy policies

  • Surveillance, communications monitoring and use of biometric technologies

  • Privacy and confidentiality

  • Advertising and marketing law, including direct marketing

  • Comparative advertising

  • Promotions and competitions, including online

  • Sponsorship and advertising contracts and campaigns

  • Freedom of information






© 2003-2010 LK Shields Solicitors. All rights reserved.


Contact:

Deirdre Kilroy,

Michael Kavanagh,

Eoin Cunneen,

Jennifer Adams,

Aine Matthews or

Aoife Nic Lochlainn.



Publications

on this subject.



Authorisation Forms.
To appoint
LK Shields Solicitors
as your trade mark
or design agent.


LK Shields Solicitors, 39/40 Upper Mount Street, Dublin 2, Ireland. Tel: +353 1 6610866 Fax: +353 1 6610883