Shane Smyth

Trade Marks

B.Sc. (Comp. Sc.); Solicitor B.C.L; European Patent Attorney; European Trade Mark Attorney

Shane has practiced as a Solicitor since qualifying in 1982 and specialises in Intellectual Property. He has been a Partner in FRKelly since 1989.

In order to expedite implementation of the Trade Mark Harmonisation Directive, Shane drafted Trade Mark legislation which was introduced as a Private Members Bill and was a precursor to the Irish Trade Marks Act, 1996. Shane was Chairman of the Trade Marks and Designs Committee of the Association of Patent and Trade Mark Attorneys (APTMA) and in this role provided advice to APTMA members during the passage of both the Trade Mark and Design primary Legislation in Ireland.

Shane has degrees from both Trinity College (BSc Computer Science) and University College Dublin (BCL). He is a regular guest lecturer on computer law and intellectual property for both universities and is frequently invited to speak at international conferences, business seminars and workshops. Shane gives annual tutorials to students sitting the Irish Trade Mark Attorney examinations and provides assistance to the Irish Patents Office in the reviewing of Trade Mark exam scripts.

He most recently co-authored the fourth edition of the leading Irish legal textbook on intellectual property, “Intellectual Property Law in Ireland” (Clark, Smyth & Hall, 4th edition, Bloomsbury Professional, 2016).

Shane was also a member of The Scientific Committee advising the EU Commission regarding the registration of geographical indications of origin. He is a former President of AIPPI (Irish Group), a current Council Member of MARQUES (The Association of European Trade Mark Owners, a Committee Member of ECTA (European Communities Trade Mark Association) and is a member of the EPI Disciplinary Committee.

Shane has a specialist interest in licensing and assignment of intellectual property and is a leading authority on Design matters. While his client base has a local and international reach, he is closely involved in international intellectual property protection for indigenous Irish companies.


3 December 2018 – Birkenstock – a sole problem of pattern

24 October 2018 – Diesel Fumes: The latest instalment in the long-running proceedings between Diesel S.p.A. v Montex Holdings Limited

T: +353 1 231 4806