IP/N/1/IRL/118, IP/N/1/IRL/D/17  
IP/N/1/IRL/P/43, IP/N/1/IRL/T/24  
 
21 December 2023  
(23-8780)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
IRELAND : PATENTS, TRADE MARKS AND DESIGNS (FEES) (AMENDMENT) RULES 2018  
(S.I. NO. 564/2018)  
Notifying Member  IRELAND  
 
Details of the notified legal text  
 
Title Patents, Trade Marks and Designs (Fees) (Amendment) Rules 2018  
(S.I. No. 564/2018)  
Subject matter  Trademarks; Industrial designs; Patents (including plant variety protection)  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2023/IP/IRL/23_10888_00_e.pdf  
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/IRL/29  
Brief description of the notified legal text  
 
This Statutory Instrument introduces amendments to the Patents, Trade Marks and Designs (Fees) 
Rules 2001 (S.I. No. 482 of 2001). Directive (EU) 2015/2436 of the European Parliament and of the 
Council of 16 December 2015 introduces a new provision whereby the proprietor of a registered 
trademark can avail of the option to divide the registration into two or more separate registrations. 
Prior to the Directive, only applicants of pending trademark s could avail of this option. The division 
of a trademark, in general, allows for particular benefits to accrue, particularly in relation to on -
going or potential disputes. Accordingly, it is necessary to prescribe a new fee of €125 for the division 
of a t rademark registration which corresponds directly with that as prescribed for the division of a 
pending trademark.  
 
In addition, this Statutory Instrument introduces amendments not required by the Directive, but 
rather are aimed at complying with the chargi ng structure set out in the Department of Public 
Expenditure and Reform (DPER) in relation to the re -use of public sector information. Due to the 
improvements and streamlining of the technical methodology used to provide copies of the 
trademark and patent databases, the Patents Office considers that some of the current statutory 
fees are not in line with the general principles provided for by Directive 2013/37/EU and reflected in 
the European Communities (Re -use of Public Sector Information) (Amendment) Reg ulations 2015 
(S.I. No. 525 of 2015); and do not reflect the appropriate charging structure set out in the 
Department of Public Expenditure and Reform (DPER) Circular 16/15: Re -use of Public Sector  IP/N/1/IRL/118 • IP/N/1/IRL/D/17 • IP/N/1/IRL/P/43 • IP/N/1/IRL/T/24  
 
- 2 - 
 
  Information – Criteria for charges that may be applied by certain categories of public service body 
in permitting re -use of information.  
 
Accordingly, in order to adhere to the provisions of the Circular and to reflect the technical advances 
in the manner in which the trademark and patent databases can  now be updated and made available 
for re -use, the amendment set out in this Statutory Instrument sees the initial once -off connection 
fee in respect of on -line dial -in access for searches and inspections of the trademark and patent 
registers removed from Schedule I of the Trade Marks Rules 1996, and prescribes a reduced fee of 
€70 for each update of the Patents Office’s computeri zed trademark database, licensed under 
Rule 77 of the Trade Marks Rules 1996.  
 
Language(s) of 
notified legal text English  
Entry into force  14 January 2019  
Other date   Adoption: 18 December 2018  
 
Notification details  
 
Submission date 
of notification  27 April 2023  
Other information  See also:  
IP/N/1/EU/T/5  
(Directive (EU) 2015/2436)  
 
Agency or 
authority 
responsible  Intellectual Property Unit  
Department of Enterprise, Trade and Employment  
 
trademarks@enterprise.gov.ie  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.