What is an IP dispute? An intellectual property (IP) dispute is one in which an IP rightsholder has made an allegation of infringement of their IP right(s). IP disputes typically concern claims of patent, trade mark, or copyright infringement. However, IP disputes can also extend beyond the scope of these three classes of IP and can include claims for passing off, database right infringement, design right infringement, breach of confidence and breach of trade secrets. For more general information about protecting IP rights, see Practice Note: Ireland—Protecting and enforcing intellectual property rights. Where are IP disputes dealt with in Ireland? Although IP disputes in Ireland can be heard in the lower courts (ie the District and Circuit Courts), IP cases qualify for admission to the Intellectual Property and Technology List which is a specialised list within Ireland’s Commercial Court, by definition, which in turn is a division of the Irish High Court. The Intellectual Property and Technology List is therefore a bespoke division of the High Court for handling complex

Updated by Lalita Pillay BL. This Practice Note discusses the process of discovery before the High Court in civil litigation in Ireland. It examines the nature of discovery and criteria for obtaining discovery. This Practice Note discusses the process of discovery before the High Court in civil litigation in Ireland. It covers: • the nature of discovery • criteria for obtaining discovery in Irish civil litigation • procedure for seeking discovery of documents • when discovery may be sought • affidavits of discovery • privilege, and • non-party discovery For guidance on factual evidence in a civil action in the Irish courts more generally, see Practice Note: Ireland—Factual evidence in Irish civil litigation. The nature of discovery According to SI 15/1986 (IRL), Order 31, Rule 12(1), Rules of the Superior Courts, any party ‘to any cause or matter’ may be required to make discovery. SI 15/1986 (IRL), Order 125, Rules of the Superior Courts provides that ‘“cause”’ includes any action, suit or other original proceeding between a plaintiff

Ireland—Dispute Resolution analysis: This case involved the defendants’ opposed application for three categories of discovery of the plaintiff’s post-accident medical and counselling records. The court held that the defendants had not articulated a convincing basis for the discovery sought and establish that it was ‘relevant’ and ‘necessary’. Of note is a finding that the defendants were obliged to exhibit on affidavit any medical report they sought to rely on. Also confirmed is that as medical records are prima facie confidential, then there may be a lower threshold for a party opposing their discovery. Recent practice has leaned towards medical records being generally discoverable in personal injuries claims. This decision confirms that this is not the case. In fact, where medical records are concerned, it is even more important that a request for voluntary discovery adequately explains the rationale for the request and identifies the specific issues in the pleadings to which it is said the discovery sought is relevant. Written by Karen Kilraine, Barrister-at-Law, at Law Library of Ireland instructed by Kent Carty Solicitors.

Introduction to identification Under Irish law, to comply with an order for discovery, a party must discover any relevant document that is in its possession, power or procurement. SI 15/1986 (IRL), Order 31, Rule 12(1), Rules of the Superior Courts states that: ‘… [a]ny party may apply to the court by way of notice of motion for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession, power or procurement relating to any matter in question therein.’ Therefore, in order to comply with its discovery obligations, a party against whom an order for discovery has been made, must first identify all potentially relevant documents in its power, possession or procurement. Once this master cohort of documents has been identified, the exercise of collecting and reviewing these documents to determine their actual relevance can take place. If the identification process is not comprehensive, the entire discovery process that follows will be undermined and the party’s ability to fully

The Lexis+® Ireland—Dispute Resolution team focus on providing content dealing with civil procedure in Ireland. This new starter guide provides an introduction to Dispute Resolution (DR) and focuses on the key issues that arise in DR. It is aimed primarily at trainee solicitors and those who are new to DR as a practice area. However, it can also provide a routemap to content for more experienced lawyers as it includes links to various Lexis+® Ireland sources and materials which provide more comprehensive information on the issues covered. The DR content is found in a number of different forms, eg Practice Notes and Precedents. When considering specific areas, those new to DR are likely to find the Overviews in each of the subtopics in Lexis+® Ireland DR guidance particularly useful as they provide a summary of the different issues to consider for a specific element of DR and contain links to relevant content to help navigate to deeper level content. For an example, see: Ireland—Starting and responding to an action—overview. This guide also covers practical

What is a dispute resolution clause? Many commercial agreements contain what may be called a ‘dispute resolution clause’ or an ‘ADR clause’ (ie an alternative dispute resolution clause). Throughout this Practice Note, the term ‘dispute resolution clause’ is used. This is partly because, although a dispute resolution clause often includes provision for ADR procedure(s) to be followed, this is not strictly a necessity. Rather, it is possible to include in the agreement a dispute resolution clause which simply makes provision for litigation through the courts as the response to any dispute. Note: irrespective of whether or not the agreement is to include a specific dispute resolution clause, it is always critical to consider issues of applicable law (governing law) and jurisdiction in respect of the agreement (see: Applicable law and jurisdiction provisions below). Note, however, that keeping silent with regard to ADR in the agreement does not mean that the parties are not required to consider ADR once a dispute arises. The pre-action and post-issue requirements to litigating in this jurisdiction require

This Agreement is made on [date] Parties 1 [insert name of Manufacturer] [of OR a company incorporated and registered in Ireland with company number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 Parties Check that the parties named in the contract are correct. If there is more than one company in a corporate group, check that the company entering into the contract is the appropriate group entity. [insert name of Distributor] [of OR a company incorporated and registered in Ireland with company number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background This section (which may also be known as the ‘recitals’) should be used to briefly summarise the agreement and explain relevant background information. It should not contain substantive or operative provisions, and should be clear whether or not it is intended to be legally binding. Setting out the background is not essential but may be useful as an introduction to the agreement, especially where there are related agreements

This Precedent short form distribution agreement is for use by an Ireland-based manufacturer, wholesaler or reseller who wishes to appoint a non-exclusive distributor to sell its products in a particular territory within Ireland. This Precedent assumes that the manufacturer is setting up or maintaining a simple distribution network and it is assumed there are no minimum purchase or supply obligations. This Precedent offers both parties flexibility and may be beneficial for a manufacturer of low value goods seeking to rapidly expand its non-exclusive network through a standardised set of terms or parties seeking an initial or pilot engagement before negotiating a more detailed agreement. For a long-form alternative, see Precedent: Ireland—Distribution agreement—non-exclusive—long form. This Precedent short form distribution agreement is designed to fall within the block exemption provided by Commission Regulation (EU) 2022/720 of 10 May 2022 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to categories of vertical agreements and concerted practices (VBER) and the Competition and Consumer Protection Commission (CCPC)’s Decision No D/23/001 Declaration

Law360: Domino's Pizza Group Plc said on 12 March 2024 that it will take full control of its biggest Irish franchisee in a cash, share and debt deal worth €91.9m.

[DRAFT ]SETTLEMENT AGREEMENT—pre-action settlement Subject to contract, parties’ signature Care needs to be taken to ensure that a binding settlement agreement comes into effect precisely at the point in time when you intend it to do so and that you do not, inadvertently, conclude a binding agreement ahead of ensuring that all the terms you wish to see included are agreed and included. Use of phrases such as ‘subject to contract’ and ‘subject to signature by parties’ may be used to assist with ensuring that the agreement becomes binding only once these labels have been removed. Be aware, however, that the parties’ intentions and conduct, viewed objectively, may also be taken into consideration when determining whether or not a binding settlement was concluded. Note that this Precedent is for use when settling a claim before proceedings have been issued. The label ‘(pre-action settlement)’ should be removed when adapting the Precedent for your purposes (regardless of whether or not the settlement is being concluded pre-action). [WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [SUBJECT TO SIGNATURE

This Precedent is a draft script for an employer to use as a part of the performance management process to act as a reminder of the steps to take at a formal performance and capability meeting with an under-performing employee. 1 Introduce those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the employee. If the employee has a disability, outline any adjustments that have been made to the process to reduce or eliminate any disadvantage that they may be put at. 2 Explain to the employee that the purpose of the meeting is to discuss the performance issue which has already been discussed with them at an earlier stage (in an informal meeting originally, and perhaps also in an earlier formal meeting since then). Explain that, during the meeting, you will go through the problems which have been identified, and you will give the employee a full opportunity to explain any issues that are affecting performance, and to make

This Precedent is a draft script for an employer to use to act as a reminder of the steps to take at a grievance meeting with an employee. 1 Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the employee. Tell the employee that their grievance will be kept confidential as far as possible but that if you need to investigate then a limited number of people may need to know—but that they too will also be asked to keep the matter confidential. 2 Explain to the employee why they are here, ie to discuss the written grievance they have raised. Explain that the purpose of the meeting is to go through the issues they have identified and give them the opportunity to give some further detail. Explain you have some questions to ask them, if that is the case. Tell them that they can have a break at any time if they need one. 3 Explain