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McElwee Law Solicitors Ireland
The document provides an extensive overview of the professional qualifications and practice areas of James F.D. McElwee, a solicitor based in Mountmellick, Co. Laois. It details his educational background, significant legal cases, and various areas of law in which he specializes, including commercial litigation, intellectual property, and wills and probate. Additionally, it covers specific legal concepts related to trademarks, copyrights, industrial designs, and patents.
McElwee Law Solicitors Ireland
- 1. O‟Connell Square, Mountmellick, Co.Laois E: jamesmcelwee@eircom.net T: 057 8624255 F: 057 8644523
- 2. JAMES FD McELWEE 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 O‟Donnell Sweeney(now Eversheds), Dublin Cathal N. Young O‟Reilly & Co. Dublin Commercial Court cases: successfully acted o o o o Commercial Leases: Zoe Group to – o 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 Civil litigationand 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 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 Bequests Conveyancing Section 117 – adequate provision for children Capacity Funeral wishes Bank accounts and assets Trustees, Guardians, Executors Lapse Commercial & Residential Purchases and Sales, Leases, Subleases, Assignment s Voluntary transfers Will -Legal right share – ½ where no children, 1/3 where children. Intestacy – Entire where no children, 2/3rds where children. Probate Enduring Power of Attorney Advanced Care Directives 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 Commercial Property CommercialLitigation Contract Negotiations Personal and commercial insolvency Mergers & Acquisitions Partnership Agreements Agency & Distribution Franchising Licensing Company secretarial
- 7. Practise Areas Litigation InjuriesBoard Debt Collection Professional Negligence Commercial disputes Land Disputes Judicial Review Landlord and Tenant Intellectual Property Trademarks Design Rights Domain Name Copyright Patent Law Protection of Databases and Computer Programs Passing Off
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- 14. TRADEMARKS Protect names usedin 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” Includes: 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 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 Refusal 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 – CTMand Madrid Community TM (CTM) European Union OHIM Refusal in 1 country leads to outright refusal of CTM Option to convert application to international mark International TM Madrid Protocol WIPO Based on national registration first Can select countries (circa 70 incl. US, Australia etc.)
- 17. Copyright & IndustrialDesigns COPYRIGHT Property Right Subsists in original literary, dramatic, musical or artistic works; Sound recordings, broadcasts or cable programmes; Films; the typographical arrangement of published editions; Original databases 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. Protection of expression of ideas not ideas themselves INDUSTRIAL DESIGN “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 Packaging, get up, graphics, symbols, typographical type faces Parts intended to be assembled into a complex product 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 Invention, Susceptible of industrial application New AnInventive Step E.g machines and mechanical devices Electronic equipment Computer hardware Pharmaceuticals Manufacturing processes Biotech Products Not Aesthetic creations Discoveries, scientific theory or mathematical equation Program for a computer Protection 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 yourefer to me? Commercial Wills & Probate Family Employment Personal Injury Conveyancing General Litigation Medical Negligence IP Licensing Debt Collection Swearings
- 20. McElwee Solicitors McElwee Solicitors O‟ConnellSquare Mountmellick THANK YOU! Co. Laois T: 057 8624255 M: 087 1693083 F: 057 8644523 E: jamesmcelwee@eircom.net