Civil Law firm based in Mountmellick, Laois dealing in a wide range of civil and commercial matters including conveyancing, litigation, commercial, wills, probate, family, IP, employment and more

1. O‟Connell Square,
Mountmellick, Co. Laois
E: jamesmcelwee@eircom.net
T: 057 8624255 F: 057 8644523

2. JAMES FD McELWEE
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2002 – BCOMM(INT) Italian - UCD
2003 – Dip Legal Studies - DIT
2005 –Dip Legal French
2006 – Irish Trade Mark Agent
2007 – Admitted to Roll of Solicitors
2009 – Dip Commercial Conveyancing
2010 – Community TM Agent

3. Previous Work
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O‟Donnell Sweeney (now Eversheds), Dublin
Cathal N. Young O‟Reilly & Co. Dublin
Commercial Court cases: successfully acted o
o
o
o
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Commercial Leases: Zoe Group to –
o
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for disabled miners vs. Boliden Tara Mines
breach of contract claim vs. Irish chain of pharmacies
€20m insurance claim vs. Quinn Direct
Zoe Group Examinership
M&S, Aldi, Google, HIQA, BNY and ors.
Commercial: Share Purchase Agreements:
o
o
Jobs.ie to Irishjobs.ie
Bonavox to Widex.

4. PRACTICE AREAS
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Civil litigation and
commercial litigation
Personal Injuries
Debt Collection
Commercial and
Residential Conveyancing
Landlord and Tenant
Company and commercial
law including company
formation and secretarial
work
Intellectual property
advices and trademark
applications
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Wills and probate work
Family law
Employment law
Liquor licensing law
Data Protection
Information Technology
advices
Professional and medical
negligence
Road Traffic Offences
Private client
Agricultural Law.

5. Practise Areas
Wills, EPA’s, Probate
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Bequests
Conveyancing
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Section 117 – adequate provision for
children
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Capacity
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Funeral wishes
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Bank accounts and assets
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Trustees, Guardians, Executors
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Lapse
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Commercial & Residential Purchases
and
Sales, Leases, Subleases, Assignment
s
Voluntary transfers
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Will -Legal right share – ½ where no
children, 1/3 where children.
Intestacy – Entire where no children,
2/3rds where children.
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Probate
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Enduring Power of Attorney
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Advanced Care Directives
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CAT (33%) Thresholds:
 A: €225,000 – Son/Daughter
 B: €30,150 –
Parent, Brother, Sister, Niece, Nep
hew, Grandchild
 C: €15,075 – Other
Favourite Nephew Relief: Min 15
hours p/w in small business. Min 24
hrs p/w Larger business.
Agricultural Relief – 90% reduction of
value of asset. 80% of recipients
assets, withdrawn if sold within 6
years.
Business Relief – 90% reduction of
value of business.
Independent legal advice
Undue influence, duress.
Future needs, rights of residence, care

6. Practise Areas
Commercial
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Commercial Property
Commercial Litigation
Contract Negotiations
Personal and commercial
insolvency
Mergers & Acquisitions
Partnership Agreements
Agency & Distribution
Franchising
Licensing
Company secretarial

7. Practise Areas
Litigation
 Injuries Board
 Debt Collection
 Professional
Negligence
 Commercial disputes
 Land Disputes
 Judicial Review
 Landlord and Tenant
Intellectual Property
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Trademarks
Design Rights
Domain Name
Copyright
Patent Law
Protection of Databases
and Computer
Programs
Passing Off

8. TRADEMARKS: Guess the Logo?

14. TRADEMARKS
Protect names used in
the course of trade and
in the provision of
services.
 Trade Marks Act 1996:
“any sign capable of
being represented
graphically which is
capable of
distinguishing the
goods or services of one
undertaking from those
of other undertakings”
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Includes:
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Logos
Pictures
Shapes
Smells (if it can be
described in words e.g.
The smell of grass)
Slogans (if distinctive
character)

15. Trademarks - Ireland
Registration & Refusal
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Search
Nice Classification
10 years protection
(renewable)
Exclusive right of owner to
use mark
Infringement vs. Passing
Off
Series of Trademarks
Collective & Certification
Marks
Ireland
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Refusal
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Distinctive Character – All
Black‟s Silver Fern
Generic terms – „Bubble
Wrap‟
Deceptive terms – „Pure
Whool‟
Descriptive terms - Sweet
Similar /Identical
Kind, quality, intended
purpose, geographical area
Customary language

16. Trademarks – CTM and Madrid
Community TM (CTM)
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European Union OHIM
Refusal in 1 country
leads to outright
refusal of CTM
Option to convert
application to
international mark
International TM
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Madrid Protocol WIPO
Based on national
registration first
Can select countries
(circa 70 incl. US,
Australia etc.)

17. Copyright & Industrial Designs
COPYRIGHT
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Property Right
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Subsists in original literary,
dramatic, musical or artistic works;
Sound recordings, broadcasts or
cable programmes; Films; the
typographical arrangement of
published editions; Original
databases
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Duration
1.
70 years after the death of the
author
2.
Sound recordings and broadcasts –
50 years after made or made
available to the public
3.
Films: 70 years after death of
director, screenwriter, composer
etc.
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Protection of expression of ideas not
ideas themselves
INDUSTRIAL DESIGN
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“Design” = appearance of the whole / part
of a product resulting from the features of,
in particular: lines, contours, colour,
shape, texture or materials of the product
itself or its ornamentation. i.e. “Look and
Feel”
Product
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Packaging, get up, graphics, symbols,
typographical type faces
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Parts intended to be assembled into a
complex product
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Industrial or handicraft;
Not including computer programs
New, Individual Character, Worldwide
Novelty
Registration - Ireland & EU – 25 years
Unregistered protection for 3 years in EU
– must be on market or known to public.

18. Patents
Definition
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Invention,
Susceptible of industrial
application
New
An Inventive Step
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E.g
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machines and mechanical devices
Electronic equipment
Computer hardware
Pharmaceuticals
Manufacturing processes
Biotech Products
Not
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Aesthetic creations
Discoveries, scientific theory or
mathematical equation
Program for a computer
Protection
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Should be filed before publication
Advantage – Statutory Protection,
no need for secrecy
Disadvantage – Publication of
invention
20 years protection – 10 years
short term patent
Patent pending
Supplementary Protection Certs
(SPCs)– 5 years
EU - European Protection
Convention (EPC)
World – Patent Co-Operation
Treaty
Patent Agent

19. How can you refer to me?
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Commercial
Wills & Probate
Family
Employment
Personal Injury
Conveyancing
General Litigation
Medical Negligence
IP
Licensing
Debt Collection
Swearings

20. McElwee Solicitors
McElwee Solicitors
O‟Connell Square
Mountmellick
THANK
YOU!
Co. Laois
T: 057 8624255
M: 087 1693083
F: 057 8644523
E: jamesmcelwee@eircom.net