Copyright Owners Able To Get Injunctions In Ireland

by Jason Gorringe, Tax-News.com, London

26 December 2011

Copyright owners will be able to secure injunctions against infringers in certain circumstances under a new Irish law.

Legislation is to be introduced by the government in response to the High Court Judgment in the case of EMI and Others vs UPC. In the judgement, Justice Charleton held that he was constrained by the wording of the Copyright and Related Rights Act 2000.

He could therefore not grant an injunction to prevent infringement of copyright against an information service provider in the context of a transient communication. Charleton concluded that Ireland had not fully transposed the relevant EU Directive(s) on the matter.

Reacting to the decision, the Minister for Research and Innovation, Sean Sherlock, said the government was proposing legislation "to redress the situation highlighted by Justice Charleton, by providing for injunctions for copyright owners against intermediaries whose services are used to infringe their copyright."

In granting such injunctions, a court will have to take account judgements made by the Court of Justice of the European Union. They require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality.

That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and the right of freedom of expression and information.

Sherlock said he hopes the legislation will be introduced by the middle of January, 2012.

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