How to plan your IP theft plans

The Irish Intellectual Property Organisation (IPO) has said it is not prepared to go into the details of the case in which the former chief executive of an online service provider, Olly Moss, pleaded guilty to stealing the intellectual property of more than 50 other Irish companies.Key points:Mr Moss had been charged with theft of…

Published by admin inJuly 12, 2021
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The Irish Intellectual Property Organisation (IPO) has said it is not prepared to go into the details of the case in which the former chief executive of an online service provider, Olly Moss, pleaded guilty to stealing the intellectual property of more than 50 other Irish companies.

Key points:Mr Moss had been charged with theft of intellectual property for over 20 yearsMr Moss said he did not want to lose his position at the companyMr Moss was convicted in 2016The organisation says it is prepared to offer advice to those facing the same fateThe organisation said it would not be able to provide any advice on how to avoid being charged with intellectual property theft as a result of the verdict.

The organisation is calling for advice on what to do in the event of such a charge being brought against a person, as well as on what the penalties are.

Its general manager of the IPO, Mark O’Brien, said the organisation was not prepared for a criminal prosecution.

Mr O’Connor said the decision to bring a criminal case was made by the court, but the organisation would not comment on whether a civil or criminal case would follow.

Mr Moss, who was also CEO of a web hosting company, was sentenced to a year in prison last year.

In the case, Mr Moss pleaded guilty in April to theft of copyright and trademark rights and was fined €4,500 and ordered to pay the €40,000 costs imposed by the Court of Appeal.

However, a judge said the offence of theft of IP should not be considered criminal in itself, but only as part of a wider offence of infringement.

It said a conviction would be a deterrent for others, but not necessarily the person committing the offence.

Mr Justice Francis Walsh said it was a case of criminal responsibility and the offence should be punished.

He said he was not sure the penalty could be imposed for a person to avoid prosecution in the future, and it would be up to the courts to decide if this was possible.

The defendant will be subject to a period of supervised release pending the outcome of the criminal proceedings.

Mr Miles said the matter was an important one for the organisation, which has a duty to protect the interests of Irish businesses and the public.

“It is an example of the need for us to work together to ensure that those who have been accused of infringing on intellectual property have a fair and speedy process to challenge the charges against them and to have their case dealt with swiftly, in a way that respects the right of all parties to be heard,” he said.

“In my view this case shows that we can do that and that we are doing it.”

He said the group is preparing a report for the public and the media, including the media regulator.

He also said the court decision did not affect his ability to be involved in any future cases.

“The fact that he is still in the position of CEO of the company does not change the fact that we will be working with the court and the law enforcement agencies and will be consulting with them,” he added.

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