Irish courts have sharpened their approach to intellectual property enforcement over the past twelve months. The High Court of Ireland and the specialist Intellectual Property Enterprise Court (IPEC) list within it have both signalled stricter procedural expectations for rights holders bringing infringement claims. International companies that hold trademarks, copyright assets, or registered designs in Ireland – and have not reviewed their enforcement posture – now face a measurably higher risk of procedural setback.
Recent shifts in Irish court practice tighten the evidentiary and procedural standards applied to IP enforcement proceedings, with revised expectations taking effect across ongoing and new matters filed from early 2025 onward. Rights holders must demonstrate earlier and more thorough pre-action documentation, including clear evidence of use and proper Nice classification (the international system for categorising goods and services in trademark application filings) scope. Companies that miss these requirements risk having injunctive relief refused or infringement claims dismissed at an early stage.
This alert identifies the specific shifts that have occurred, the business categories most exposed, and the immediate actions international companies operating in Ireland should take now.
What has changed in Irish IP enforcement practice
Irish intellectual property legislation – grounded in the Trade Marks Act, the Copyright and Related Rights Act, and the Patents Act as domestically applied – has not been amended by primary legislation. The shift is one of court practice and judicial interpretation, which in common law systems can move the enforcement environment as decisively as statutory change.
Three developments are particularly significant.
Stricter scrutiny of trademark registration scope. Irish courts have applied closer analysis to the breadth of goods and services claimed in a trademark application. Registrations covering broad classes under the Nice classification system without demonstrated use across those classes now face challenge more readily during IP registration disputes and opposition proceedings. The Controller of Patents, Designs and Trade Marks – Ireland's national IP registration authority – has also aligned its examination practice with this more rigorous approach.
Higher threshold for interim injunctions. The balance-of-convenience test applied to interim and interlocutory injunctions in infringement claim proceedings has been applied with greater scrutiny. Courts are requiring rights holders to provide more detailed evidence of likely irreversible harm at the outset. Unsupported assertions of reputational damage are given diminished weight.
Opposition proceedings timelines under pressure. In opposition proceedings before the Controller, procedural deadlines are being applied more strictly. Extensions that were once granted as a matter of course are being refused where no substantive justification is offered. Rights holders who allow deadlines to pass without filing complete evidence risk losing opposition rights entirely.
For companies with EU trademark registrations enforced in Ireland through the EU regime, these domestic shifts interact with EUIPO practice. A gap between EU-level registration and Irish domestic enforcement evidence can now create vulnerability that did not exist two years ago.
Companies operating in AI and technology sectors – where IP assets are often closely tied to software, training data, and proprietary methodologies – should review how these developments affect their position. Our analysis of AI and technology law in Ireland sets out the broader regulatory context for technology-sector IP in this jurisdiction.
Who is affected and what are the threshold criteria
The shifts described above apply to any entity holding or enforcing IP rights in Ireland. Exposure is highest for the following categories.
International brand owners who registered trademarks in Ireland or via EU designation years ago, have not maintained evidence of genuine use, and now face a conflict with a local competitor or an infringing online seller.
Technology and software companies whose IP portfolios include broad copyright claims, database rights, or unregistered designs. Under Irish intellectual property legislation, unregistered rights require clear evidence of originality and first publication – standards now applied with greater rigour at the pleadings stage.
Pharmaceutical and life sciences groups relying on patent enforcement in Irish courts. The jurisdiction remains an important gateway for EU pharmaceutical patent disputes, and the evidentiary requirements for quia timet (anticipatory) injunctions – sought before infringement has technically occurred – have tightened.
Companies with pending opposition proceedings before the Controller where deadlines fall within the next six months. These matters are acutely time-sensitive under the current practice.
The threshold for concern is straightforward: if your company has any active or contemplated infringement claim, trademark application, or opposition proceedings in Ireland, this alert is directly relevant. Companies that have not reviewed their Irish IP portfolio within the past eighteen months face the greatest exposure.
To discuss how these shifts affect your specific IP portfolio in Ireland, contact us at info@ferrazwhitmore.com.
Immediate action items for international companies
The following steps should be addressed within the next four to eight weeks.
- Audit your Irish trademark registrations. Identify all marks registered in Ireland or designating Ireland under EU registration. Confirm that the goods and services listed under each Nice classification class reflect current commercial use. Where use has lapsed across part of a class, consider whether a partial surrender or a voluntary limitation reduces vulnerability to revocation.
- Compile evidence of use now – not when challenged. Collect dated commercial materials: invoices, marketing collateral, website screenshots with timestamps, and distribution records. Courts and the Controller now expect this evidence to be organised and ready at the point of filing, not assembled under pressure during proceedings.
- Review opposition proceedings deadlines. If you have active oppositions before the Controller, check every procedural deadline falling in the next six months. Brief local counsel immediately on any deadline that cannot be met with current documentation.
- Reassess pending infringement claims. Any infringement claim under active consideration should be reviewed against the updated injunction threshold. Assess whether your evidence of harm meets the higher standard now expected. Filing a claim without adequate documentation creates the risk of early dismissal and an adverse costs order.
- Align EU and Irish enforcement strategies. Where you hold both EU trademarks and Irish national registrations covering the same mark, ensure that your enforcement evidence supports both regimes. A gap at the Irish domestic level can undermine EU-level enforcement in this jurisdiction.
For a tailored strategy on IP enforcement and registration management in Ireland, reach out to info@ferrazwhitmore.com.
Our dedicated service for intellectual property law in Ireland covers trademark registration, opposition proceedings, infringement claims, and portfolio management for international clients. For related enforcement developments in another common law-influenced EU jurisdiction, see our alert on IP enforcement in Portugal.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice supports technology companies, brand owners, and institutional investors on trademark application strategy, IP registration, opposition proceedings, and infringement claim management across European and international markets. Engaging a lawyer in Ireland with cross-border IP expertise is essential when enforcement practice shifts as quickly as it has in 2025. As an international law firm in Ireland and across the EU, we combine Portuguese civil law expertise with English common law tradition – giving us direct insight into how Irish courts approach IP disputes. Our IP team includes practitioners with experience before the High Court of Ireland, the Controller of Patents, Designs and Trade Marks, and the EUIPO. To discuss your IP enforcement position in Ireland, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.
Author: Sophie Kellner
Author title: Partner, IP & Technology Law
Published: February 21, 2026