Ireland

Intellectual Property Office of Ireland

●April 1　Source: infojustice.org

The Intellectual Property Office of Ireland (IPOI) remains open. In line with the recommendations of the Irish government, its physical offices are closed to the public between Friday 13 March and Sunday 29 March 2020 inclusive. The patent comptroller has confirmed that these days are deemed to be 'excluded days' for all purposes under Irish patent law, trade mark law and design law. The IPOI will continue to maintain all of its online and e-services.

The comptroller Ann Henry explained that Rule 78 of the Patents Rules 1992 "provides that whenever the last day fixed by the Patents Act, 1992 or by these Rules, for doing any act or thing at the Office falls on any of the days on which the Office is not open to the public (which days shall be excluded days for the purposes of the Act and these Rules), it shall be lawful to do any such act or thing on the first day which is not an excluded day next following such excluded day, or days, if two or more of them occur consecutively. "

The IPOI circulated the notice immediately following an announcement by the Irish Taoiseach on 12 March 2020. It is expeceted a further extension of the 'excluded days' will shortly be announced but otherwise all services continue online.

●March 30　Source: www.mondaq.com

The intellectual property office of Ireland is closed from 13 March until 29 March 2020 (inclusive). Any deadlines falling within that time will be extended to 30 March 2020.

Courts

●March 25　Source: infojustice.org

The Courts Service in Ireland has also published a Covid-19 statement. The effect of it is outlined below.

The courts remain open. Cases can be commenced through the central office of the High Court in the normal way and the central office has a drop box procedure in place to address concerns presented by Covid-19. The Statute of Limitations therefore continues to run.

In the High Court, the president of the High Court has directed that until the end of term, 3 April 2020, no trials will begin and so cases – including related non urgent motions – stand adjourned with liberty to re-enter.

For all cases before the Commercial Court - a division of the High Court which hears all significant IP cases - all directions as to the exchange of pleadings, affidavits for motions, witness statements, remain in place and must be complied with by the parties.

Judges are available to hear urgent commercial litigation, including IP cases, for example, injunctions and their enforcement and urgent applications for judicial review. It is worth noting that all the normal suite of injunctions can be applied in Ireland, including for example interim ex parte, quia timet.

Otherwise, a case may be treated as urgent if a good case can be made. A party can email the relevant court registrar setting out the reasons why the case should be considered urgent. This should be on notice to the other side which must be given a chance to set out its position.

Judgments will be published online and parties will not be required to attend court for the delivery of those rulings.