IP Protection and Enforcement: Key Emerging Issues in 2025

The past year has seen significant developments in intellectual property law, particularly in patent enforcement and trade mark disputes. Key highlights include Ireland’s exclusion from the Unified Patent Court’s jurisdiction in a preliminary injunction case, the UK High Court’s ruling in favour of Aldi on trade mark infringement concerning product packaging, and the latest instalment in the Supermac’s versus McDonald's trade mark dispute.

As we move into 2025, the landscape of intellectual property (IP) law continues to evolve, with key developments set to impact businesses and innovators alike. We explore the emerging issues in IP protection and enforcement, and offer insights into the latest trends and challenges that companies should be prepared for in the year ahead.

The Unified Patent Court and Ireland’s jurisdictional challenge

In a landmark decision in 2024, the Unified Patent Court (UPC) Court of Appeal ruled that Ireland falls outside the jurisdiction of the UPC. This decision has significant implications for Irish businesses and patent holders. The ruling, made in response to an appeal regarding a patent infringement case, confirmed that Ireland will not participate in the pan-European patent enforcement system at this stage. As a result, Irish companies will need to continue navigating patent litigation through national courts rather than benefitting from the streamlined, centralised UPC process. Businesses may need to reassess their patent enforcement strategies in light of this development, particularly in the EU, as the UPC framework evolves.

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UK High Court finds no infringement by Aldi

The UK High Court’s ruling in 2024 in the case of alleged trade mark infringement by Aldi marks a significant precedent for retail and IP disputes. It was hoped that the trade mark infringement ground of taking unfair advantage of the reputation of a mark was going to be confirmed as an effective enforcement tool against copycat product packaging. The Court ruled in favour of Aldi, finding no infringement of the claimant’s trade mark. This case highlights the importance of having a robust IP protection strategy and clear enforcement procedures, especially in high-profile retail scenarios.

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Supermac’s beats the Big Mac in latest trade mark win

In another significant development, Irish fast-food chain Supermac’s secured a major victory in its long-running trade mark battle with McDonald’s. The European Union Intellectual Property Office ruled in favour of Supermac’s, upholding the cancellation of McDonald’s ‘Big Mac’ trade mark on the grounds of non-use for a significant number of goods and services including in particular chicken sandwiches. This outcome is a reminder of the importance of actively using registered trade marks to maintain their validity and reinforces the principle that trade marks cannot be monopolised without genuine use. The case is a pivotal example of how important accurate evidence of use across an entire specification of goods and services. We have since seen the launch of a chicken Big Mac in certain territories….

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Forecasting likely developments in 2025

Looking ahead to 2025, several key developments are expected to shape the future of IP protection and enforcement:

• Potential Ratification by Ireland: Ireland’s anticipated referendum on the ratification of the Unified Patent Court Agreement could take place, which would bring Irish businesses under the jurisdiction of the UPC. This change would enable centralised enforcement of European patents, simplifying litigation for patent holders. However, this shift could also raise questions about jurisdictional changes and practical implications for businesses operating in Ireland.
• Increased UPC activity: As more countries potentially join the UPC, businesses may experience an increase in pan-European patent litigation. This could present both new risks and opportunities. Companies will need to adapt their IP strategies to account for these changes and the expansion of the UPC system.
• AI-related IP protection: With artificial intelligence (AI) tools continuing to develop, legal debates are likely to intensify around the protection of AI-generated works. Questions regarding whether AI-generated creations can be protected under IP law, and whether using third-party IP to train AI models constitutes infringement, will dominate discussions. Legislative changes in the EU and globally may bring greater clarity on these issues.
• Patentability of AI inventions: Attention will likely remain focused on the patentability of AI-driven inventions in 2025. Issues such as the role of human inventors, inventive steps, and the potential for AI to be considered an inventor in its own right could lead to new regulations or case law. Companies involved in AI innovation will need to closely monitor these developments to ensure their inventions are appropriately protected.

For more information and expert advice on effectively protecting your organisation's IP rights in 2025, contact a member of our award-winning Intellectual Property team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.